Proposal:

Amend Rule 701 - Air Pollution Emergency Contingency Actions

Synopsis:

The proposed amendments to Rule 701 would address changes made in state law which have rendered portions of the rule unenforceable; eliminate references to work trip reduction plans and rescinded Rules 1501 and 1501.1; and modify the source-receptor area map used for forecasting and reporting air quality. The proposed amendments are mostly administrative and will have no significant emissions impact.

Committee:

Mobile Source, April 25, 1997, Reviewed.

Recommended Action:

Amend Rule 701 - Air Pollution Emergency Contingency Actions.

James M. Lents, Ph.D.
Executive Officer

Background

Regulation VII, Rule 701 - Air Pollution Emergency Contingency Actions, defines the scope and extent of the AQMD’s emergency episode program. On September 8, 1995, the AQMD Governing Board amended Regulation VII to bring the regulation current with revised air quality episode criteria, remove unnecessary paperwork and reporting requirements, and foremost, to provide strengthened language for cautionary health guidance to schools during periods when air quality exceeds the federal standards for clean air. Since the 1995 amendments to Rule 701, three primary issues have arisen.

First, Rules 1501 and 1501.1 were rescinded and replaced by Rule 2202. This action rendered obsolete the sections of rule language that reference work trip reduction plans and requirements of Rules 1501 and 1501.1.

Second, state law has been changed [SB 437 (Lewis) -- Health & Safety Code Section 40929 and SB 772 (Hurtt) -- Health & Safety Code Section 40454] restricting the AQMD's authority to require trip reduction plans and programs. The change in state law has rendered the requirement in Rule 701 for facilities to reduce work trip vehicle miles traveled by 20% in conflict with current law.

Third, a request has been made by the City of Moreno Valley to modify the boundary defining source receptor area (SRA) No. 24 to incorporate all portions of that city. This request has been supported by special ambient air quality monitoring which confirms the need for restructuring the area boundaries. In addition, CARB at its May 30, 1996 board meeting adopted a modification to the boundary of the South Coast Air Basin. This modification brought the Banning SRA (No. 29) into the Basin and as a consequence, the SRA map needs to be updated.

Proposal

Rule 701 is proposed to be amended to address the three primary issues that have arisen since the rule was last amended and to further clarify rule applicability. The proposed amendments to Rule 701 are detailed as follows.

• The definition of Work Trip Reduction Plans in paragraph (c)(15), and the references to Rule 1501 and 1501.1 in paragraph (e)(2) are proposed to be eliminated. These changes are proposed to respond to the rescission of Rules 1501 and 1501.1.

• The rule language defining the applicability of facilities required to take actions in the event of a predicted Stage 2 or Stage 3 episode is proposed to be modified to reflect a criterion based on the number of employees at the facility.

• The 100 employee criterion is equivalent to the threshold currently defined in Rule 2202, as well as previously defined in Rules 1501 and 1501.1, therefore no change in rule applicability will result from this proposed amendment.

• The proposed amendments eliminate the requirement for work trip reductions for predicted Stage 2 or Stage 3 episodes in subparagraph (e)(2)(B), and the reference to work trips listed in the exemptions paragraph (k)(2).

• The source-receptor map used for forecasting and reporting air quality (Rule 701 Attachment 3) is proposed to be modified to change the boundary separating SRA Nos. 23 and 24. Detailed analysis of air monitoring data indicates that the proposed boundary change is fully justifiable. The proposed new boundary would move all of the City of Moreno Valley into SRA 24. The proposed modification to the SRA map would also reflect the new Basin boundary adopted by the state.

  Two administrative changes are proposed to better define essential public services and to update the effective date of the rule.

• The definition of Essential Public Services in paragraph (c)(6) is proposed to be modified to include police, firefighting and ambulance operations. The proposed amendments also add U.S. Postal Service operations to the definition of Essential Public Services as subparagraph (c)(6)(I).
  

• The effective date of the Rule 701 provided in paragraph (j) is proposed to be modified to reflect "effective immediately upon adoption of the rule amendments by the District Board."

Policy Issues

The proposed amendments provide consistency with state law. No policy issues have been raised.

AQMP & Legal Mandates

The proposed amendments provide consistency with state law and are administrative in nature. Therefore, the proposed amendments do not have any potential adverse effects on air quality or emissions limitations, and are consistent with the AQMP.

CEQA & Socioeconomic Analysis

Based on staff's analysis, the proposed rule language amendments will not have a significant impact as defined by the California Environmental Quality Act (CEQA) on air pollution emissions from applicable sources. Pursuant to CEQA, the proposed amendments to Rule 701 are a "project," and, as a result, a Draft Environmental Assessment (EA) with no significant adverse impacts was prepared as a separate document. The EA was circulated on April 9, 1997 for a 30-day public review and comment period. No responses from the public were received. The proposed amendments to Rule 701 update existing rule language and modify the boundary between two SRAs. The proposed amendments do not impose any additional requirements on affected sources. Thus, the amendments to Rule 701 do not result in any adverse socioeconomic impacts.

Resource Impacts

The proposed amendment will have no adverse impact on AQMD's resources.

Attachments

A. Resolution
B. Summary of Proposed Amendments
C. Rule Development Process
D. Key Contacts
E. Proposed Amended Rule
F. Final Staff Report
G. Final Environmental Assessment