BOARD MEETING DATE: November 17, 1995
AGENDA NO. 8
PROPOSAL:
Set Hearing to Adopt Proposed Rule 118 - Emergencies
SYNOPSIS:
The proposed rule is in response to public concern regarding the potential need for emergency support, extended hours of operation, or the use of additional equipment not permitted by the AQMD in the event of an official State of Emergency. The proposed rule would allow the Executive Officer the discretion to suspend AQMD rules, regulations or orders in the event of a state or federally declared State of Emergency. The suspension would be specific to the needs and circumstances of the emergency and may apply only to specific jurisdictions within the South Coast Air Quality Management District.
This Board letter will serve as the Staff Report for this proposed rule.
COMMITTEE:
Stationary Source, October 27, 1995, Approved
RECOMMENDED ACTION:
1. Set a Public Hearing for December 8, 1995, to Adopt Rule 118 - Emergencies.
James M. Lents, Ph.D.
Executive Officer
BRW:CSL:CSG:TAS
BACKGROUND
During the past several years, Southern California has experienced several disaster-related emergencies. These emergencies have included fires, earthquakes, civil unrest and flooding. The latest state and federally declared State of Emergency occurred in February 1995 when weeks of excessive rain resulted in devastating flooding effects throughout the area. Emergency situations have required the extensive use of potentially polluting non-permitted equipment in the District in order to remedy the emergency, secure the safety of the public or otherwise provide emergency support. In other instances, there has been a need for the expedited replacement of damaged or destroyed equipment, or an extension of normal operating hours for permitted equipment to address emergency needs.
PROPOSAL
In an effort to assist the community in disaster-related crises, the AQMD has drafted Proposed Rule 118 - Emergencies. This proposed rule will give the Executive Officer the authority to temporarily suspend any AQMD rules, regulations or orders in the event of a state or federally-declared State of Emergency. The suspension will be rule specific and may be region specific within the AQMD's areas of jurisdiction depending on the emergency and its magnitude.
This suspension will be beneficial in an emergency situation as it will enable the Executive Officer to allow additional equipment to be used in the four-county area even though it does not have AQMD permits to operate. In addition, the suspension may allow for extended hours of operation beyond specified permit conditions. The rule suspension will be 10 calendar days but may be extended by the Executive Officer if deemed necessary. The suspension will not last any longer than the official State of Emergency but will give facilities the time they need to complete emergency and rescue work before the extensive clean-up process begins. Any replacement permits or permits needed for construction or demolition equipment after the State of Emergency has ended will be processed by the AQMD in an expedited manner.
CEQA AND SOCIOECONOMIC ANALYSIS
AQMD staff has reviewed the proposed rule and determined it is exempt from the requirements of the California Environmental Quality Act (CEQA). The rule does not establish any new emission limits, but rather, allows for exemptions during a declared State of Emergency. Due to the administrative nature of the rule and the fact that the rule applies to projects considered exempt under state CEQA Guidelines Section 21172, a Notice of Exemption will be prepared and filed with the county clerks immediately following the Governing Board's approval of this rule.
Proposed Rule 118 is not expected to cause any adverse socioeconomic impacts. It may provide potential cost reductions to facilities affected by the emergency by suspending specified AQMD orders, rules or regulations that would have otherwise been applicable.
IMPLEMENTATION PLAN
The AQMD held a public consultation meeting on October 24, 1995, to solicit input regarding the proposed rule and how AQMD rules could be suspended with both the least inconvenience to the regulated public and the fewest adverse environmental impacts. Staff is considering comments received at the public consultation meeting for inclusion in the final rule.
RESOURCE IMPACTS
AQMD resources may be temporarily impacted as a result of the proposed rule. Staff will be required to assist with expedited permit processing for the replacement of destroyed equipment or for the use of emergency equipment needed on a temporary basis. In addition, the Public Advisor's Office may participated in conveying the message to the regulated public regarding the temporary suspension of specific AQMD rules, regulations or orders. Any resource impacts as a result of the rule, however, will be temporary and would likely have occurred as a result of the emergency irrespective of the proposed rule.
Attachments
(c:\msoffice\winword\118bdltr.doc)