BOARD MEETING DATE: September 7, 2007
AGENDA NO. 40

RECOMMENDED ACTION:

Discuss setting a public hearing for October 5, 2007 to consider an amendment to Rule 1309.1 – Priority Reserve.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

At the special meeting of the Governing Board on August 3, 2007, the Board adopted Rule 1309.1 with a provision that to obtain Priority Reserve credits to construct an electrical generating facility, the project proponent must demonstrate that renewable energy is not a viable option “for the power to be generated at that site.” A previous amendment to delete the quoted language had been rescinded. Members of the Board have indicated that they wish to revisit the proposed amendment. To do so, however, will require amending the rule.

Process

In order to allow for timely consideration, staff has published a Notice of Public Hearing for October 5, 2007 since the period between the September 7 and October 5 does not allow for the requisite 30-day public hearing notice. District Counsel has determined that in order to put this matter back before the Board, it must be done at a duly noticed public hearing. As such, testimony must be allowed from interested parties. The Board, however, may limit the testimony to the language in Rule 1309.1(c)(5)(B).

California Environmental Quality Act and Socioeconomic Impact Analysis

A Program Environmental Assessment (PEA) was prepared for PAR 1309.1 and PRR 1315, and circulated for a 45-day public review and comment period pursuant to the requirements of the California Environmental Quality Act (CEQA). The PEA was certified by the AQMD Governing Board at its August 3, 2007 meeting. In accordance with CEQA Guidelines §15168(c), subsequent activities in the program must be examined in the light of the program CEQA document to determine whether an additional document must be prepared. The latest proposal to PAR 1309.1 generates no new effects and no new mitigation measures would be required. This proposed activity is within the scope of the program approved earlier and the program EA adequately describes the activity for the purposes of CEQA (Guidelines §15168(c). Therefore, no new environmental document would be required pursuant to CEQA Guidelines §15168(c)(2).

In addition, deleting the quoted language, “for the power to be generated at that site,” will not significantly affect air quality or emission limitations and therefore a public workshop and a socioeconomic impact analysis is not required.

AQMP and Legal Mandates

The California Health and Safety Code requires the AQMD to adopt an Air Quality Management Plan (AQMP) to meet state and federal ambient air quality standards in the South Coast Air Basin. In addition, the California Health and Safety Code requires that the AQMD adopt rules and regulations that carry out the objectives of the AQMP.

While Rule 1309.1 is not a control measure included in the AQMP, its requirements are consistent with the AQMP objectives. Since this proposal does not impose a new emission limit or standard, make an existing emission limit or standard more stringent, or impose new or more stringent monitoring, reporting or recordkeeping requirements, it is not subject to the comparative analysis provisions of California Health and Safety Code Section 40727.2.

Resource Impacts

Rule 1309.1 requirements can be implemented within the current staffing levels.

Recommendation

Discuss setting a public hearing for the October 5, 2007 regular Board Meeting to consider an amendment to Rule 1309.1(c)(5)(B).

Attachment (doc 392kb)
Rule 1309.1