BOARD MEETING DATE: July 11, 2008
AGENDA NO. 41
 (Continued from June 6, 2008 Board Meeting)

RECOMMENDED ACTIONS:

Adopt the attached resolution:

1. Certifying the Notice of Exemption (NOE) for Proposed Amended Rule 1186 – PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations; and
2. Adopting Proposed Amended Rule 1186 – PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations.
    

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Based on existing methodologies to estimate emissions, paved road dust is the largest source of directly-emitted fine particulate matter (PM10 and PM2.5) in the South Coast AQMD. Rule 1186 was adopted in 1997 to implement the 1994 AQMP control measure BCM-01 (Control Emissions from Paved and Unpaved Roads). One of the existing Rule 1186 requirements is for governmental agencies to procure and use certified street sweepers for routine street sweeping activities. AQMD staff subsequently worked with industry to develop a testing protocol to certify street sweepers both in terms of pick-up efficiency and PM10 entrainment. After the certification testing protocol was approved by the Board, street sweeper manufacturers contracted with independent testing laboratories to certify street sweeping equipment. Additional street sweeper models that were not subject to certification tests have also been certified as the dust collection and suppression systems were determined to be substantially similar to equipment that did achieve the certification limits. Results of these efforts have been the certification of approximately 60 sweeper models by seven manufacturers.

Due to difficulties in identifying suitable testing facilities, street sweeper certification tests have not been conducted for approximately five years. Some manufacturers of certified equipment may have also changed equipment configurations and parts suppliers. Proposed amendments to Rule 1186 will require manufacturers to provide additional data regarding certified sweepers. Additionally, in some cases, suppliers of aftermarket replacement parts (i.e., brooms and brushes) have been excluded from selling parts to entities required to procure certified street sweeping equipment. The sale of replacement parts by aftermarket vendors will also be addressed by this amendment.
 

Public Process

This topic was discussed at the 2008 March, May, and June Mobile Source Committee meetings. A Public Consultation meeting notice was distributed to street sweeper manufacturers, aftermarket street sweeper parts supplier companies that have expressed an interest in the rule, and local governments/contract street sweeping companies within the South Coast AQMD. The Public Consultation meeting was subsequently held on May 20, 2008. No substantive comments were received at the Public Consultation meeting; however, one written comment letter was subsequently provided to staff and has been responded to in the staff report. Staff also had several meetings and phone calls with aftermarket parts suppliers, and one phone call with a street sweeper manufacturer.
 

Summary of Proposal

Under existing Rule 1186, manufacturers seeking street sweeper certifications are currently required to provide a complete description of the equipment’s dust suppression system (i.e., water nozzles or filters). Amendments to Rule 1186 would require manufacturers to also provide a complete description of the equipment’s dust collection system (i.e., brooms, brushes, blower/vacuum systems) when requesting certification of new equipment.

Proposed amendments to Rule 1186 would require manufacturers of currently certified street sweepers to provide to the AQMD, within 120 days of adoption of the proposed amendments, specifications on individual dust collection components and dust suppression systems. Manufacturers would also be required to notify the AQMD prior to the change of a part specification or part supplier under the proposed amendments. The manufacturer notification of a part specification/supplier change would be required to be in the form of a plan and would be subject to the applicable fees under Rule 306. Plan submittals must demonstrate that the street sweeper performance will not be adversely affected through the change of a part specification/supplier in order for the manufacturer to maintain equipment certification.

Proposed amendments to Rule 1186 would also provide guidance on the sale of replacement parts to entities that are required to procure certified street sweepers. Specifically, any parts supplier would be allowed to sell replacement parts for certified street sweepers if such parts were on the street sweeper during testing that resulted in sweeper certification. Proposed amendments to Rule 1186 would also allow aftermarket parts suppliers to sell replacement parts if such parts are determined to be substantially similar to the original equipment manufacturer part. Aftermarket parts suppliers would also be subject to the plan submittal requirements and the applicable fees under Rule 306.
 

Emissions Inventory

The proposed amendments are administrative in nature and will not significantly affect air quality or emission reductions. However, the amendments will help safeguard emission reductions previously assumed by ensuring that changes to sweepers do not affect the equipment’s potential for PM10 reductions.
 

California Environmental Quality Act (CEQA)

Pursuant to the California Environmental Quality Act (CEQA), the SCAQMD is the Lead Agency and has reviewed the proposed project pursuant to CEQA Guidelines §15002 (k)(1). Because the proposed project does not impose new requirements that will have any adverse environmental impacts, including air quality, it can be seen with certainty that there is no possibility that the proposed project in question has the potential to have a significant adverse effect on the environment. Thus, the proposed project is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) - Review for Exemption. A Notice of Exemption has been prepared pursuant to CEQA Guidelines §15062 - Notice of Exemption. The Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the adoption of the proposed project.
 

Socioeconomic Assessment

The proposed amendments to Rule 1186 do not significantly affect air quality or emissions limitations. Therefore, no socioeconomic assessment is required. There will be costs involved for street sweeper manufacturers and aftermarket suppliers to provide information to the District. Fees for entities that elect to submit a plan are based on time and material costs established under Rule 306 and for the purposes of Rule 1186 have been estimated at a minimum of $500 for each submittal. The proposed amendments are not, however, expected to have adverse socioeconomic impacts.
 

Rule Development Calendar

Health and Safety Code Section 40923, subsection (a) does not allow the consideration of a regulatory measure that was not included in an air district’s most recently published list of proposed regulatory measures. However, if the air district determines that a modification to an existing rule is necessary to “preserve the original intent of the rule” [Health and Safety Code Section 40923, subsection (b)(1)], amendments to that regulation may proceed. Amendments to Rule 1186 were not included in the 2008 AQMD Rule Development Calendar; however, such amendments have been determined necessary to preserve the original intent of the adopted rule by ensuring sweeper performance relative to pick-up efficiency.
 

AQMP and Legal Mandates

Rule 1186 was originally adopted to implement control measure BCM-01 from the 1994 AQMP. There are no legal mandates to implement amendments to Rule 1186; however, the amendments are intended to address an implementation issue and preserve the original intent of the rule.
 

Implementation and Resources

District staff resources are sufficient to implement the proposed amendments to Rule 1186.
 

Attachments (exe 119 kb)

A. Summary of Proposal
B. Rule Development Process
c. Key Contacts List
D. Key Issues
E. Resolution
F. Rule Language
G. Staff Report
H. Notice of Exemption