BOARD MEETING DATE: November 13, 1998 AGENDA NO. 3




PROPOSAL:

Set Public Hearing December 11, 1998 to Amend Rule 403 - Fugitive Dust and Rule 1186 - PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations

SYNOPSIS:

As directed by the Governing Board, staff has worked with agriculture groups, local governments, and street sweeper manufacturers to resolve implementation issues arising from the February 1997 amendment of Rule 403 and adoption of Rule 1186. Staff proposes to streamline the Rule 403 agricultural requirements and postpone the effective date six months to allow for additional education/outreach. Staff is also proposing a one year delay from the Rule 1186 January 1, 1999 procurement date for PM10-efficient street sweepers, to allow for completion of sweeper testing protocols, certification testing, and jurisdiction budgeting and procurement. Certain U.S. EPA SIP-approvability issues are also addressed.

COMMITTEE:

Mobile Source Committee, October 16, 1998, Reviewed

RECOMMENDED ACTION:

Set Public Hearing December 11, 1998 to Amend Rule 403 - Fugitive Dust and Rule 1186 - PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations.

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 form a working group for each of the rules, to identify and resolve implementation issues, and assist impacted parties with the implementation of the rules. Additionally, the Board resolution directed staff to 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. At its July 1998 Board Hearing, staff presented a status report on the implementation of Rule 1186 and amended Rule 403. As indicated at that time, staff is bringing forward proposed rule amendments to address specific implementation issues. Additionally, Rule 403 amendments will address comments made by the U.S. Environmental Protection Agency (U.S. EPA) as part of their State Implementation Plan (SIP) approval process. The attached staff reports serve as year-end status reports to the Board, and they have been presented to the appropriate committees and advisory groups.

Rule 403 -- Agricultural Provisions

As noted in previous reports to the Board, AQMD staff has agreed to give producers time to come up with an effective and legally approvable alternative to the previously developed plan templates and acceptability criteria. The attached PAR 403 staff report details the history and status of the Rule 403 Agricultural Working Group’s efforts to resolve key implementation issues. As outlined in the July 10, 1998 status report to the Board, staff has worked to resolve these issues with the agricultural industry and is returning to the Board with its recommendations (see proposal).

Rule 403 – U.S. EPA Comments on SIP Approvability

As part of its review of Rule 403 for inclusion in the SIP, U.S. EPA has raised several issues, many of which have been resolved by staff, or would require only minor clarifications or corrections to Rule 403. The one substantive issue concerns approval procedures for equivalent silt content and soil moisture measurement techniques. (cf. 63FR42789, U.S. EPA proposed SIP approval of Rule 1186 and a limited approval / limited disapproval of Rule 403). Staff is recommending amendments to Rule 403 that address these issues, which would allow full SIP approval when the amended rule is submitted.

Rule 1186

The Rule 1186 Working Group has discussed funding opportunities (including AB2766 funding), sweeper protocol development, sweeper certification procedures, and extended outreach / education programs. Staff has also worked with all major street sweeper manufacturers and the Society of Automotive Engineers (SAE) to develop an agreed-upon testing protocol for PM10-efficient street sweepers, which did not exist at the time Rule 1186 was adopted. The attached PAR 1186 staff report details the history and status of the Rule 1186 Working Group’s efforts to resolve key implementation issues. Staff has determined that additional time will be necessary to resolve the protocol and certification issues so that local jurisdictions will be able to comply with the rule. As noted in the July 10, 1998 status report to the Board, staff is returning to the Board with proposed amendments that would allow sufficient time to establish this protocol and to allow jurisdictions time to budget for and procure certified sweepers (see proposal).

Proposal

Proposed amendments to Rule 403 would extend the exemption for agricultural operations from January 1, 1999 to July 1, 1999 to allow for a comprehensive education/outreach program on specific conservation practices that producers could voluntarily implement to preserve their Rule 403 exemption. Proposed amendments would also address U.S. EPA comments concerning approval of equivalent silt content and soil moisture measurement techniques. Lastly, proposed amendments make minor clarifications and typographical corrections.

Proposed amendments to Rule 1186 would delay the PM10-efficient sweeper procurement requirements from January 1, 1999 to January 1, 2000. This would allow sufficient time for the completion of sweeper testing protocols, subsequent testing to certify PM10-efficient equipment, and budgeting / procurement by the local jurisdictions. Staff will return to the Board by July 1999 with Rule 1186 amendments specifying the sweeper testing protocol and certification limits.

Policy Issues

As noted in the July 1998 status report to the Board, staff has been working with local, state, and national farming groups to create an enforceable alternative to the soil conservation plan submittal currently required for agricultural exemption from Rule 403. Staff believes that these amendments are an equivalent and enforceable alternative to the current Rule 403 procedures, and reduce the impact of this rule on local producers.

As noted in the July 1998 status report to the Board, staff has been working with representatives from local jurisdictions and street sweeper manufacturers. The development of these first-in-the-nation protocols and certification procedures is a good example of AQMD / industry / government cooperation in identifying and encouraging advanced pollution reduction technology. Staff believes that these amendments will provide the additional time necessary for completion of the sweeper testing protocol, subsequent testing to certify PM10-efficient equipment, and budgeting / procurement by the local jurisdictions.

AQMP and Legal Mandates

The proposed amendments to Rule 403 are estimated to result in a total of 8.9 tons/day of PM10 emission reductions foregone in the first six months of 1999. (February 1997 Rule 403 amendments projected a 42.9 tons/day reduction of PM10 by the year 2006.) The proposed amendments to Rule 1186 (delaying the procurement date for PM10-efficient street sweepers for one year) are estimated to result in approximately 1.8 tons/day of PM10 emission reductions foregone in each year from 1999 through 2005. (February 1997 Rule 1186 adoption projected 43.5 tons/day of reductions in the year 2006). Emission reductions foregone in the milestone years of 2000 and 2003 are less than 0.6% of the primary PM10 targets and less than 0.1% of the total emission targets; hence, the amendments will not interfere with reasonable further progress toward the PM10 standards. The proposed amendments do not change projected emission reductions in the year 2006, which are necessary as part of the AQMD’s 1997 AQMP attainment strategy to achieve the PM10 standards by 2006. Thus, the proposed amendments for Rules 403 and 1186 do not interfere with these or other federal Clean Air Act requirements.

CEQA

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000 et seq.) and the AQMD’s Certified Regulatory Program (Rule 110), the AQMD has prepared a Draft Supplemental Environmental Assessment (EA) for the proposed project. Though there is no evidence to suggest that current actual emissions would change as a result of the proposed amendments, the delay in anticipated future PM10 emission reductions (due to the extension of the Rule 403 exemption for agricultural operations and the delay in the Rule 1186 PM10-efficient sweeper procurement requirements) exceeds the AQMD’s PM10 significance threshold.

The Draft EA has been released for a 45-day public review period. All comments received on the Draft EA will be responded to in the final document. Copies of the Draft Supplemental EA are available by calling the AQMD’s Public Information Center at (909) 396-3600.

Socioeconomic Assessment

The proposed amendments to Rules 403 and 1186 are not expected to result in any socioeconomic impacts. Rather, the proposed amendments provide potential cost savings. Replacement of the requirement for submittal of the soil erosion control plan in Rule 403 by the voluntary compliance mechanism would provide a minor cost savings to affected agricultural operations. Extension of the compliance deadline would delay the impact of compliance costs. The compliance deadline extension proposed for Rule 1186 would delay the cost of the PM10-efficient street sweepers to local jurisdictions by one year. The average annual cost of the PM10-efficient street sweepers is estimated at approximately $4 million per year (in 1997 dollars).

Resource Impact

Existing District resources will be sufficient to implement the proposed rule requirements with minimal impact on the budget.

Attachments

A. Summary of Proposed Requirements
B. Rule Development Flow Chart
C. Key Contact List
D: Draft Rule Language (PAR 403)
E: Draft Rule Language (PAR 1186)
F: Draft Rule 403 Handbook Revisions
G: Draft Rule 403 Agricultural Handbook
H: Draft Final Rule 403 Staff Report (with response to initial public comment)
I: Draft Final Rule 1186 Staff Report (with response to initial public comment)
J: Draft Supplemental Environmental Assessment

ATTACHMENT A

SUMMARY OF PROPOSED REQUIREMENTS

PAR 403
  • Streamlines the soil erosion control plan review and approval process that allows agricultural operations to maintain their exemption from the Rule, by substituting the voluntary implementation of these conservation practices.
  • Delays the current effective date of January 1, 1999 for six months to conduct a comprehensive education and outreach program for the affected producers.
  • Requires maintaining a self-monitoring form describing the implemented conservation practices to qualify for the exemption.
  • Adds the U.S. EPA to the current list of those who must approve any proposed equivalent methods for ASTM silt content and soil moisture methods. U.S. EPA is proposing a limited approval and limited disapproval of the Rule 403 (cf. 63FR39747 dated July 24, 1998). The deficiency noted by U.S. EPA in the limited disapproval was that equivalent methods would not require their approval. This amendment remedies that deficiency.
  • Exempts sandblasting operations from all Rule 403 provisions. Air districts are precluded from establishing standards for sandblasting that are stricter or less strict than those established in Health and Safety Code § 41904. AQMD has adopted these statewide standards in Rule 1140 and therefore is proposing to exempt them from Rule 403.
  • Explicitly exempts unpaved alleys from the provisions of (d)(1) and (d)(4) [visible dust crossing the property line and upwind/downwind requirements, respectively]. This amendment clarifies the original intent of the rule. It should be noted that BACM (or RACM) would still be required for unpaved alleys.
  • Makes minor clarifications and typographical corrections.

Rule 403 Handbook Revisions
  • Clarifies BACM for storage piles. Makes other minor corrections.

Rule 403 Agricultural Handbook
  • Identifies conservation practices and contains the self-monitoring form required for the Rule 403 agricultural exemption.

ATTACHMENT A (CONTINUED)

SUMMARY OF PROPOSED REQUIREMENTS

PAR 1186
  • Postpones the effective date for the procurement of PM10-efficient street sweepers from January 1, 1999 to January 1, 2000. This additional time is necessary for completion of specific technical sweeper testing protocols, subsequent testing to certify PM10-efficient equipment, and budgeting / procurement by the local jurisdictions.
  • Makes changes based on public comments, if necessary.

ATTACHMENT B

RULE DEVELOPMENT PROCESS

PROPOSED AMENDED RULE 403 - Fugitive Dust
PROPOSED AMENDED RULE 1186 - PM10 Emissions from Paved
and Unpaved Roads and Livestock Operations

Development of
Draft Rule Language

August 1998-October 1998

Rule 403 Agricultural Working Group: 11 meetings since October 1997

Rule 1186 Working Group: 6 meetings since November 1997
Street sweeper manufacturers: multiple meetings since August 1997

Agricultural Dust Control Public Consultation Meeting: February 4, 1998
Agricultural Dust Control Public Consultation Meeting: September 23, 1998
Public Workshops: October 6, 1998
(1,700 notices mailed)

Set Public Hearing: November 13, 1998

Public Hearing: December 11, 1998

Total Time Spent in Rule Development Pre-Board Hearing: 20 Months
(Note: Includes time to get background information for rule language)

ATTACHMENT C

KEY CONTACT LIST

Rule 403 Agricultural Working Group

Bouris Ranches
Corona Farms
Agri-Empire Corporation
East Valley Resource Conservation District
Inland Empire West Resource Conservation District
Riverside-Corona Resource Conservation District
Riverside County Agricultural Commissioner’s Office
Riverside County Cooperative Extension
Riverside County Farm Bureau
San Bernardino County Agricultural Commissioner’s Office
U.S. Department of Agriculture - Natural Resources Conservation Service

Rule 1186 Working Group

City of Fullerton
City of Los Angeles
City of Moreno Valley
City of Pasadena
City of Tustin
County of Orange
County Los Angeles
County of Riverside
County of San Bernardino
Los Angeles League of Cities
Orange County Council of Governments
San Bernardino County Association of Governments
Western Riverside Council of Governments
Society of Automotive Engineers – Street Sweeping Subcommittee

 

ATTACHMENT C (continued)

KEY CONTACT LIST

Street Sweeper Manufacturers

Athey Products Corporation
Elgin Sweeper Company
GCS Western Power and Equipment
Haaker Equipment
Johnston Sweeper Company
Kelly Equipment
Nixon-Egli Equipment Company
Schwarze Industries
Tennant Sweeper Company
Tymco Sweeper Company

Others

California Air Resources Board
U.S. Environmental Protection Agency
UC Riverside College of Engineering - Center for Environmental Research  and Technology

Attachments

/ / /


This page updated: July 22, 2010
URL: http://www.aqmd.gov/hb/1998/98113a.html