BOARD MEETING DATE: June 16, 2000 AGENDA NO. 38
Amend Rule 403.1 - Wind Entrainment of Fugitive Dust
SYNOPSIS:
Rule 403.1 is a complementary regulation to Rule 403 (Fugitive Dust) and is applicable to certain Coachella Valley activities during high wind conditions. When Rule 403.1 was originally adopted in 1993, a rule reference was included to a specific Rule 403 provision. Since that time, Rule 403 has been amended and the provision referenced in Rule 403.1 needs to be amended. Staff proposes this minor administrative amendment to Rule 403.1 to preserve the original intent of the Rule.
COMMITTEE:
Stationary Source, May 26, 2000, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
- Amending Rule 403.1 - Wind Entrainment of Fugitive Dust; and
- Certifying the Notice of Exemption completed in compliance with the California Environmental Quality Act.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
In November 1990, the Governing Board adopted the Coachella Valley PM10 State Implementation Plan (CVSIP). One of the CVSIP control measures was the creation of an additional AQMD regulation to reduce fugitive dust emissions on high wind days. Rule 403.1 was adopted in January 1993 in order to meet CVSIP requirements and to be consistent with federal Clean Air Act requirements for the control of wind-driven emissions from man-made fugitive dust sources.
Rule 403.1 is a complimentary regulation to AQMD Rule 403 (Fugitive Dust), which is applicable throughout the District. In order to ensure a comprehensive Coachella Valley PM10 reduction program, paragraph (d)(1) of Rule 403.1 includes a reference to Rule 403, subparagraph (g)(2)(A). Subsequent to Rule 403.1 adoption, Rule 403 has been amended and the provision referenced in Rule 403.1 has moved to Rule 403, subparagraph (h)(2)(A). Adoption of the proposed Rule 403.1 amendment would resolve the current inconsistency and would preserve the original intent of the Rule. This Board letter serves as the staff report for this minor rule amendment.
California Environmental Quality Act (CEQA)
AQMD staff has reviewed the proposed project pursuant to state CEQA Guidelines §15002(k)(1). The substantive component of the project involves a clarification to a reference to Rule 403. The change will not alter the rule applicability or requirements. The proposed administrative rule amendment will not have an effect on emissions, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the project is exempt from the requirements of CEQA, pursuant to state CEQA Guidelines §15061(b)(3). A Notice of Exemption will be prepared for the proposed project and will be filed with the county clerks immediately following the adoption of the proposed amendment to the rule.
Socioeconomic Assessment
The proposed amendment to Rule 403.1 does not have a significant impact on air quality or emissions limitations and will not result in any socioeconomic impacts. Accordingly, a socioeconomic analysis is not included with this proposal.
AQMP and Legal Mandates
The proposed amendments to Rule 403.1 do not impact air quality or emissions limitations and do not affect emissions reductions. Accordingly, amendments to Rule 403.1 will not affect the Coachella Valley PM10 attainment strategy.
Statement of Findings
Before adopting, amending, or repealing a rule, the AQMD is required by Health and Safety Code §40727 to adopt written findings of necessity, authority, clarity, consistency, non-duplicity and reference. Draft Findings are presented below.
Necessity - The AQMD Governing Board finds and determines that proposed amended Rule 403.1 (Wind Entrainment of Fugitive Dust) as proposed, preserves the original intent of the rule. The rule is necessary in order to comply with CAA requirements for areas classified as serious nonattainment for PM10.
Authority - The AQMD Governing Board obtains its authority to adopt, amend, or repeal rules and regulations from California Health and Safety Code §§39002, 40000, 40001, 40413, 40440, 40441, 40702, 40725 through 40728.
Clarity - The AQMD Governing Board finds and determines that proposed amended Rule 403.1 has been written taking into consideration public comments from persons affected by the rule, and as a result, can be easily understood by persons directly affected by it.
Consistency - The AQMD Governing Board finds and determines that proposed amended Rule 403.1 is in accordance with, and not in conflict with or contradictory to, existing statutes, court decisions, or federal or state regulations.
Non-Duplication - AQMD Governing Board finds and determines that proposed amended Rule 403.1 does not impose the same requirement as any existing state or federal regulation, and is necessary and proper to execute the powers and duties granted to, and imposed on, the AQMD.
Reference - In amending this rule, the AQMD Governing Board references the following statutes that the AQMD hereby implements, interprets or makes specific: federal Clean Air Act §§ 110, 171, and 188, 189 and 190 (42 U.S.C. §§ 7410, 7501, and 7513, 7513a, and 7513b); and Health and Safety Code §§40001, 40440, and 40702.
Comparative Analysis
Health and Safety Code §§40727.2 also requires a written comparison of a proposed rule with existing federal and local regulations imposed on the same source. The following information has been prepared to comply with this Health and Safety Code statute.
There are no federal air pollution regulations or monitoring / recordkeeping / reporting requirements regarding fugitive dust sources during high wind conditions. Information regarding AQMD Rules that have requirements related to Rule 403.1 are provided below. A discussion is also provided regarding monitoring / recordkeeping / reporting requirements included within these AQMD Rules.
Rule 402 (Nuisance)
Rule 402 prohibits discharge of air contaminant emissions from any source that results in a public nuisance. Because the Rule is applicable to any source, it could be applied to fugitive dust sources during high wind conditions. Rule 403.1 contains specific requirements for fugitive dust sources that are more stringent than Rule 402 provisions. There are no monitoring / recordkeeping / reporting requirements included in Rule 402.
Rule 403 (Fugitive Dust)
Rule 403 requires the implementation of reasonably available control measures for all Coachella Valley fugitive dust sources. Rule 403 provisions are applicable to all fugitive dust sources at all times and Rule 403.1 provisions are applicable to specified sources during high wind conditions. There is no change in the monitoring / recordkeeping / reporting requirements associated with the Rule 403.1 provisions affected by this amendment.
A. Resolution
B. Notice of Exemption
C. Proposed Amended Rule Text (PAR 403.1)
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