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REPORT:

Status Report on Implementation of Rule 1186 and Amended Rule 403

SYNOPSIS:

On February 14, 1997, Rule 1186 and amendments to Rule 403 were adopted in part to comply with federal Clean Air Act requirements to implement BACM (Best Available Control Measures) for fugitive dust sources. The Board’s adopting resolution also directed staff to provide a status report to the Board on outreach programs, working groups, funding opportunities, special studies, and other implementation progress by June 30, 1998. As directed, staff is submitting status reports for Rule 1186 and Rule 403.

COMMITTEE:

Mobile Source, June 26, 1998, Reviewed

RECOMMENDED ACTION:

Receive and file these reports.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

The Board adopted amendments to Rule 403 (Fugitive Dust) and Rule 1186 (PM10 from Paved and Unpaved Roads and Livestock Operations) on February 14, 1997 to comply with the federal Clean Air Act requirements to implement Best Available Control Measures (BACM) for fugitive dust sources. The Board resolution directed staff to undertake a number of actions, and provide a status report to the Governing Board on outreach programs, working groups, funding opportunities, special studies, and other implementation progress by June 30, 1998, with interim semi-annual reports to the Local Government and Small Business Assistance Advisory Group. This letter, with attachments, constitutes the required status report to the Board.

Rule 403 -- Increased Watering Effectiveness Study

The Rule 403 adoption resolution directed staff to participate and co-sponsor a study to determine the effectiveness of increased watering and other options to control dust during high wind conditions. This study was requested by the Construction Industry Air Quality Coalition (CIAQC). As staff reported to the Board at its December 12, 1997 meeting, CIAQC requested that the AQMD terminate its contract for this study for technical reasons unrelated to contractor performance; specifically, difficulty in locating an appropriate test site and concerns that the many variables and uncertainties in this type of field study would not allow definitive conclusions to be drawn. The Governing Board approved the termination of the contract.

Rule 403 -- Agricultural Provisions

The Rule 403 adoption resolution directed staff to work with the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), local Resource Conservation Districts (RCDs), and local agricultural groups to develop BACM intended to reduce fugitive dust and the corresponding PM10 emissions from agricultural operations. At its April 11, 1997 meeting, the Governing Board authorized its Chairman to execute an MOU with the NRCS and local RCDs on behalf of the AQMD. AQMD staff then formed the Rule 403 Agriculture Working Group, comprised of representatives from these groups, as well as local producers and agricultural groups. As the resolution directed, the Working Group is developing guidelines for approval of agricultural dust control plans to be submitted by individual producers if they wish to maintain their previous exemption from general Rule 403 requirements. At its January 9, 1998 Board meeting, staff reported on the Working Group’s progress on developing the agricultural dust control plan template and acceptability criteria. The Working Group has had six meetings since October 1997 and AQMD staff has given presentations at Riverside, San Bernardino, and Orange County Farm Bureau meetings.

At a January 1998 Working Group meeting, representatives from the San Joaquin and other California farming industry groups raised several significant issues, asking local producers to reconsider their work on BACM for agricultural operations. These groups, along with local producers, are currently working on an alternative to the Working Group’s previously developed plan templates and acceptability criteria. AQMD staff has agreed to give the producers time to come up with an effective and legally approvable alternative. This increased outreach with the agricultural industry has delayed staff from bringing the plan template and acceptability criteria to the Board by June 1998, which had been the Board’s direction at the January 1998 meeting. Staff intends to resolve these issues with the agricultural industry and will return to the Board with its recommendations. Because of the nature of the alternative approach that may be developed and the fast approaching deadlines of September 1, 1998 for plan submittal and January 1, 1999 for removing the blanket exemption for agricultural operations, staff may need to bring rule amendments to the Board along with final implementation recommendations. The full status report on Rule 403’s agricultural provisions is attached (see Attachment 1).

Rule 1186

Rule 1186 contains provisions to reduce dust from paved and unpaved roads, including post-event cleanup, the use of PM10-efficient street sweepers for routine sweeping, and the treatment of unpaved roads. Because these provisions placed significant new responsibilities on local governments, the Board resolution directed staff to form a working group with staff members of local jurisdictions, leagues of cities, councils of governments, and other relevant organizations to resolve implementation issues for this new rule. This working group also included representatives from street sweeper manufacturers to address technical and implementation issues concerning PM10-efficient street sweepers. In addition, staff was directed to assist these groups in seeking funding and to conduct outreach to these and other affected groups.

The Rule 1186 Working Group has had four bi-monthly meetings since November 1997. In addition to resolving certain implementation issues, the Working Group has discussed funding opportunities (including AB2766 funding), sweeper protocol development, sweeper certification procedures, and extended outreach / education programs. Staff also met with all major street sweeper manufacturers in August 1997, and continues to work with them and the Society of Automotive Engineers (SAE) to develop an agreed-upon testing protocol for PM10-efficient street sweepers. The SAE street sweeper working group has prepared a draft PM10-efficient street sweeper testing protocol. It is currently being reviewed by AQMD staff, and will be finalized during meetings with the sweeper manufacturers and the Rule 1186 Working Group. PM10-efficient street sweeper provisions become effective on January 1, 1999; staff has committed to resolving the protocol and certification issues so local jurisdictions will be able to comply on that schedule. If additional time is necessary to resolve these implementation or scheduling issues, staff may return to the Board with rule amendments. The full status report on Rule 1186 is attached (see Attachment 2).

Proposal

Over the next six months, staff will focus its resources and efforts towards conducting an extended outreach / education program to the affected local jurisdictions and will continue to work with the affected groups to resolve the remaining implementation issues (e.g., completion of the agricultural dust control plan and the PM10-efficient sweeper testing protocol and certification process). Staff will carefully monitor progress being made toward the resolution of pending issues and may return to the Board with proposed Rule amendments, if necessary.

Resource Impacts

Existing District resources will be sufficient to implement the Rule 403 Agricultural Dust Control Plan approval process, Rule 1186 compliance, and respective outreach / education activities.

Attachments

1) Status Report on Rule 403 - Agricultural Provisions
2) Status Report on Rule 1186

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