fugitive dust sources. These sources include for example: agricultural, construction,

recreational off

- highway vehicle (OHV) and unpaved road s

.

The Regulation VIII rules were submitted for U.S. EPA approval into the Imperial County SIP on June 16, 2006. Subsequent ly , the Air District submit ted to the U.S. EPA

document ation for three days in 2006 and 2007 demonstrating that PM 10 exceedances on these days were caused by exceptional events (high winds)

. O n July 8, 2010, U.S.

EPA granted limited approval/disapproval to the Regulation VIII rules, based in part on its rejection of the Air District’s and the California A ir R esources B oard ’s (CARB) finding s that the 2006 and 2007 exceedanc es were caused by u ncontrollable natural high wind events

. On September 3, 2010, the Air District filed a petition with the Ninth

Circuit for review of U.S. EPA’s limited disapproval of the Regulation VIII rules. The petition sought to vacate U.S. EPA’s disapprova l of the rules, and reverse U.S. EPA’s rejection of the Air District’s d ocumentation for the 2006 and 2007 hig h wind events. After hearing oral argument s from the parties on February 15, 2012, the Ninth Circuit ordered the parties to mediation to determine if t he matter could be resolved before the Court issued a decision on the petition.

The mediation involved multiple sessions over several months until settlement was

reached by all parties

. As part of the settlement, t he Air District agreed to amend some of the Regulation VIII rules to further enhance BACM requirements. The settlement set out a path for U.S. EPA review and approval of a revised set of Regulation VIII rules and establishes a common basis for evaluating future high wind exceptional events

. The changes proposed in the Draft settlement Regulation VIII rules include the fundamental changes needed for these rules to be approved by U.S. EPA as BACM . However, where appropriate, additional changes to these rules have been inclu ded in this proposal to address changes requested by members of our community during the local public workshops. Once formally adopted by the Air District Board of Directors , the Regulation VIII rules will be forwarded to the C ARB for approval, and then to U.S. EPA for final approval and incorporation into the Imperial County SIP

.

II. CURRENT RULE AND PROPOSED AMENDMENTS

A. Current R egulation VIII

Current Regulation VIII was adopted on October 10, 1994 and revised on November 25,

1996 to comply with Reasonable Available Control Me a sures (RACM) to control fugitive

dust. On November 11, 2005 this rule was revised again to inc lude BACM and divided

in a series of seven individual rules . Regulation VIII contains BACM as required by the

Clean Air Act for PM 10 “serious” non

- attainment areas. Regulation VIII requires BACM for source categories such as: construction activities, disturbed open areas, paved roads and agricultural operations. Regulation V III prohibitory standards allows operators to determine the control techniques sufficient to limit visible dust emissions to 20 percent opacity and , if applicable to that source, to implement requirements for a stabilized surface. Dust control plans and r ecordkeeping are also required under the Regulation’s provisions. Regulation VIII also includes test methods and standards.Regulation VIII was developed based on assessment of BACM in other serious non

attainment areas. In order to simplify enforceabi lity of Regulation VIII, this regulation is divided into seven individual rules, according to the s ource type category. Regulation VIII is composed of the following rules:

a) Rule 800, General Requirements for Control of Fine Particulate Matter (PM10) b) Rul e 801, Construction and Earthmoving Activities c) Rule 802, Bulk Materials d) Rule 803, Carry

- Out and Track

- Out e) Rule 804, Open Areas f) Rule 805, Paved and Unpaved Roads g) Rule 806, Conservation Management Practices

A brief summary of current Regulation VIII rule s is as follows:

R ule 800, General Requirements for Control of Fine Particulate Matter (PM 10 )

Rule 800 contains the definitions, exemptions, general requirements, administrative requirements and test methods that are applicable to all Regulation VIII rule s. Section C of Rule 800 contains the definitions that are essential to understanding each specific

rule. Section D contains a compliance schedule for applicability of Regulation VIII rules and requires Bureau of Land Management (BLM) and Border Patrol (BP) to submit a dust control plan to mitigate fugitive dust for those areas and/or activities under their

control . Section E contains exemptions that apply to all Regulation VIII rules. Eac h rule contains additional exemptions that apply to each specific rule. Section F contains the general requirements provisions which establish basic guidelines for dust control materials(s), specifies requirements that the dust control material(s) must m eet District, State Water Quality, CARB , and U

. S

. EPA regulations, and contains guidelines for development of BLM and BP dust control plans. Section G contains administrative requirements for test methods. Section H contains recordkeeping an d record retention requirements. Appendi c es A and B contain the test methods for visual determination of opacity and d etermination of stabilization, respectively.

R ule 801, C onstruction and Earthmoving Activit ies

Rule 801 applies to construction or othe r earthmoving activities

. Section E contains exemptions for remodeling of single family d wellings and a provision for exemptions during high winds. Section E contains requirements to comply with 20 percent opacity and, if applicable, stabilized surface f or construction and earthmoving activities. This section contains requirements to develop a dust control plan for large residential and

non

- residential projects. Section F contains the BACM required for construction and earthmoving activities and guideli nes to develop dust control plans. Section G contains recordkeeping and record retention requirements.R ule 802, B ulk Materials

Rule 802 applies to the outdoor handling, storage and transport of bulk materials that

emit dust when stored or handled. Ru le 802 requires bulk handling and storage facilities to restrict dust from material transfer, and reduce emissions from transport material and storage piles that emit dust. Section D contains exemptions for material which would be damaged by application o f water/chemical stabilizers, outdoor storage and transport of small amounts of materials, and for transport/handling of materials when conducted within the boundaries of a premise. Section E contains requirements to comply with 20 percent opacity for bul k materials handling, storage, transport and

haul trucks. Section F contains BACM applicable to bulk material handl ing , storage, transport and haul truck s

. Section G contains recordkeeping and record retention requirements.

R ule 803 , C arry

- Out and Track

- Out

Rule 803 applies to the prevention and clean

- up of mud and dirt whenever it is deposited onto public paved roads or the paved shoulders of a paved public road. Section D contains exemptions from installation of track

- out prevention devices for agricultural operations subject to Rule 806 and short

- term operations. Section E

contains requirements for removing and prevention of carry

- out and track

- out onto paved roads. Section F contains BACM for removing of carry

- out and track

- out, and

threshold s for installation of track

- out prevention devices. Section G contains recordkeeping and record retention requirements.

R ule 8 04, O pen Areas

Rule 804 applies to any open area having 0.5 acres or more within urban areas, or 3

acres or more within rural a reas; and that contains at least 100 square feet of disturbed surface area. Section D contains an exemption for agricultural operation sites subject to

Rule 806. Section E contains requirements to apply BACM to limit V isible D ust

E mission (VDE) to 20 percent opacity and meet con ditions for stabilized surface, and to install barriers to prevent unauthorized vehicles access to stabilized areas. Section F contains BACM for open areas. Section G contains recordkeeping and record retention requirements.

R ule 805, P aved and Unpaved Ro ads

Rule 805 applies to any paved, unpaved road, or modified public or private road, street, highway, freeway, alley, access drive, access easement, canal roads and unpaved traffic areas. Section D contains exemptions for paved and unpaved driveways serv ing one single family residential dwellings and agricultural operation sites subject to Rule 806. Section E specifies the requirements whenever vehicle traffic reaches or ex ceeds specific thresholds by applying BACM to reduce VDE and, if applicable, compl iance with the conditions of a stabilized unpaved road. This section also prohibits construction of any new unpaved roads within any area with population of 500 or more unless it is atemporary unpaved road. In addition, this section allows each city or county agency to develop a compliance schedule for BACM applicability for unpaved roads. Section F contains BACM for unpaved roads, canal roads, unpaved traffic areas and new or modified paved roads. Section G contains recordkeeping and record retention

r equirements.

R ule 806, C onservation Management Practices (CMPs)

Rule 806 applies to all agricultural operation sites of forty (40) or more acres in size.

Section C contains additional definitions that are essential to understand the main terms

and Conservation M anagement P ractices (CMPs) proposed in this rule. Section D contains requirements for agricultural operation sites to implement at least one CMP for each land preparation and cultivation, harvest activities, un paved roads and unpaved

traffic areas. This section also contains guidelines for operators to develop alternative CMPs. In addition, this section requires the owner/operator to prepare a CMP plan and make it available upon request. Section E contains CM Ps for land preparation and cultivation, harvesting, unpaved roads, and unpaved traffic areas. Section F contains guidelines to develop a CMP plan. Section H contains recordkeeping and record retention requirements.

B. Proposed Amendments to Regulation VIII

O n February 23, 2010, U.S. EPA proposed limited approval/disapproval to the Regulation VIII rule s and finalized this proposal on July 8, 2010

. U.S. EPA’s proposal

identified deficiencies i n these rules to meet BA CM, 75 FR 8008: Feb 23, 2010

. On September 3, 2010, the Air District filed a petition with the Ninth Circuit for review of

U.S. EPA’s limited disapproval of the Regulation VIII rules. The petition sought to

vacate U.S. EPA’s disapproval of the rules, and reverse U.S. EPA’s rejection of the Air

District’s d ocumentat ion for the 2006 and 2007 hig h wind events. After hearing oral argument from the parties on February 15, 2012, the Ninth Circuit ordered the parties to

mediation to determine if the matter could be resolved before the Court issued a decision on the petiti on. Mediation took several months until a settlement was reached by all parties

. As part of the settlement, the Air District agreed to amend some of the Regulation VIII rules to further enhance BACM requirements. The changes proposed in

the Draft settlement Regulation VIII rules included the fundamental changes needed for these rules to be approved by U.S. EPA as BACM. However, additional changes to

these rules have been included , where appropriate, as requested by members of our community during the l ocal public workshops. The p roposed amended Regulation VIII rules contain additional changes to enhance BACM and to meet the deficiencies identified by U.S. EPA for open areas, unpaved roads and agricultural lands. The proposed amended Regulation VIII rules al l strengthen the rules and do not interfere or lessen any existing BACM requirements.

The proposed amendments to Regulation VIII include revisions to the following rules:

a) Rule 800, General Requirements for Control of Fine Particulate Matter (PM 10 )b) Ru le 804, Open Areas c) Rule 805, Paved and Unpaved Roads d) Rule 806, Conservation Management Practices

The full text of the proposed amendments can be found in Appendix A. U.S. EPA approved Rules 801, 802 and 803 as meeting BACM requirements; therefore, no

amendment s to these rules have been proposed at this time.

The proposed changes include the following changes:

RULE 800, GENERAL REQUIREMENTS FOR CONTROL OF FINE PARTICULATE MATTER (PM 10 )

The Distr ict is proposing to revise Rule 800 to include new or revised de finitions, clarification of applicability, and revised requirements (dust control plan contents, explicit list of certain BACM control measures, etc.) for recreational off road vehicle (OHV) use areas on public lands

. The revisions are as follows:

1. Section C, Definitions.

a) A new definition of Disturbed Surface Area is being added. This definition has been included per U.S. EPA’s request to correct a deficiency and enhance enforceability of Regulation VIII rules. This definition is substantially the same as

the definition in the San Joaquin Valley A ir P ollution C ontrol District (SJ V APCD)

, Rule 8011

. b) A new definition of DPR is being added to define abbreviation for the California Department of Parks and Recreation. This new abbreviation is used throughout Rule 800 to reference requirements in this rule for th is agency. c) A new definition of Off

- R oad Event and/or Competitions is being added. This definition has been included to clearly define and limit applicability of Rule 800 requirements for this source category. d) The definition of Off

- R oad Vehicle has been r eplaced by a new definition of Off Highway Vehicle (OHV) to make this term more consistent with the terminology

use d and specialized operation of this type of vehicles. e) The current definition of Open Area applies to un

- subdivided or undeveloped land adjoin ing a developed residential, industrial, institutional, governmental, or

commercial area. Per U.S. EPA’s request, this definition has been modified to expand applicability to un

- subdivided or undeveloped land whether or not it is adjoining a developed area. f) The definition of Recreational Use has been replaced by a new definition of

Recreational Off

- H ighway Vehicle (OHV) Use Area. The new definition is more consistent with the specific use and designation for this type of recreational

areas.2. Section D, Com pliance Schedule.

a) Section D.3 has been modified to expand applicability of compliance schedule to the California Department of Parks and Recreation (DPR)

. This addresses a BACM deficiency for State lands identified by U.S. EPA in 75 FR 8008: Feb 23,

2010 . Wi th this change, DPR will be required to develop and implement a Dust

Control Plan for recreational areas under their management which are open ed

for OHV activities. b) Sec tion D.3.c was added to require revision of the dust control plan to incorporate U.S. EPA an d CARB’s comments into the plan within two months after receiving comments.

3. Section E, Exemptions.

a) Section E .6 has been deleted to avoid confusion with the language in the rule

. OHV recreational areas, even those covered by a dust control plan, are required to comply with different sections in Regulation VIII rules, as applicable. b) New s ection E. 6 7 , formerly E.7, has been reviewed and new language was added to clarify that only those areas used for tactical training are exempted from compliance with Regulation VIII rules. W atering or any other type of mitigation on tactical training areas will affect the intended purpose of the training, to create

actual combat scenarios ; however, unpaved roads, sta ging areas, and parking lots which are not part of training are not exempt.

4. Section F, General Requirements.

a) Section F.5 has been modified to expand the requirement for submittal of a dust control plan to include the California Department of Parks and Recreation (DPR).

This addresses a BACM deficiency for State lands identified by U.S. EPA in 75 FR 8008: Feb 23, 2010

. b) Section F.5.b.1 has been modified to clarify that the requirement for reporting the

total miles of roads involves all the recreational OHV use areas and now includes

also the OHV recreational areas operated by the DPR

. c) New language was added in Section F.5.b.2 requir ing information concerning OHV area locations and extent (including maps, such as those require d by

California Public Resources Code section 5090.3 ). d) Section F.5.c has been deleted and new language was added to include specific BACM for unpaved roads and unpaved vehicle/equipment traffic areas with 50 average vehicle trips per day (such as can occur during certain holidays, events or competitions) . These areas are limited to 20 % opacity and required to

maintain stabilization. e) Section F.5.d has been deleted to avoid confusion with the language in the rule.

OHV recreational areas covered under a dus t control plan are required to apply BACM as specified in the plan and therefore not required to comply with Rules

804 and 805. f) New language was added in Section F.5. d e to include applicable soil and habitatconservation requirements in the dust control pl an, as well as, all monitoring and

corrective actions taken to reduce PM 10 emissions during OHV events on BLM and State lands. These measures generate additional PM 10 emissions reductions and were missing from the dust control plan but now will need to be

included. g) Section F.5.g was added to limit OHV recreational activities during the summer

months. This addresses a BACM deficiency for State lands identified by U.S.

EPA in 75 FR 8008: Feb 23, 2010

. h) Section F.6.c was deleted to avoid confusion with the lang uage in the rule. The Border Patrol does not own or ope rate any private or public roads. This

addresses a BACM deficiency identified by U.S. EPA in 75 FR 8008: Feb 23,

2010

. i) Section F.7 was added to include specific requirements to incorporate mitigation

measu res and avoid the impact of PM 10 emissions from new recreational OHV

use areas. All new recreational OHV areas with a potential to emit of 70 t o ns p er year (tpy) or more of PM 10 will be required to demonstrate during the public process that these emissions will not creat e new violations or interfere or delay

attainment of the PM 10 NAAQS.

RULE 801, CONSTRUCTION AND EARTHMOVING ACTIVITIES

This rule is already meeting BACM requirements, no amendments to this rule are proposed at this time.

RULE 802, BULK MATERIALS

.

This rule is already meeting BACM requirements, no amendments to this rule are proposed at this time.

RULE 803, CARRY

- OUT AND TRACK

- OUT

This rule is already meeting BACM requirements, no amendments to this rule are proposed at this time.

R ULE 804, OPEN AREAS

The District is proposing to revise Rules 804 to enhance BACM requirements and incorporate th is rule into the Air District’s State Implementation Plan. The proposed revisions to Rule 804 appear in different Sections of this rule. The rev isions are as

follows:

1. Section D, Exemptions

a) Section D.1 is an editorial change, the phrase “define in and” was deleted. b) Section D.2 has been added to clarify that this rule does not apply to any recreational OHV use areas complying with Rule 800 require ments. Since Rule800 already requires recreational OHV areas to apply BACM measure to mitigate fugitive dust , th is exemption is appropriate.

RULE 805, PAVED AND UNPAVED ROADS

The Air District is proposing to revise Rule 805 to enhance BACM requirements and incorporate th is rule into the Air District’s State Implementation Plan. The proposed revisions to Rule 805 appear in different Sections of this rule. The revisions are as

follows:

1. Section D, Exemptions

a) Section D. 2 is an editorial change, the phrase “d efine in and” was deleted. b) Section D. 3 has been added to clarify that this rule does not apply to any recreational OHV use areas complying with Rule 800 requirements. Since Rule 800 already requires recreational OHV areas to apply BACM measure to mitigate fugitive dust, this exemption is appr opriate.

2. Section E, Requirements.

a) Section E.7.b has been modi fied to incorporate the words “ and comply.” This purpose of this change is to clarify that the County Public Works Department is not only required to provide a compliance plan

, but also to mai ntain compliance with this plan. In addition, new language has been added to clarify that the County Public Works Department will maintain mitigation on the roads that have been stabilized during each year so that 100% of the roads have continuous mitigati on at the end of year 2015

. This addresses a BACM deficiency identified by U.S. EPA in 75 FR 8008: Feb 23, 2010

. b) Section E.7.c has been modified to incorporate new language requiring all public roads previously stabilized to comply with the requirements of a stabilized unpaved road by application and maintenance of BACM on these roads.

RULE 806, CONSERVATION MANAGEMENT PRACTICES (CMPs)

The Air District is proposing to revise Rules 806 to enhance BACM requirements and incorporate th is rule into the Air District’s S tate Implementation Plan. The proposed revisions to Rule 806 appear in different Sections of this rule. The revisions are as

follows:

1. Section A, Purpose

a) Section A, is an editorial change, the word “fine” was change to “coarse.”

2. Section B, Applicability

a) Section B, is an editorial change, the effective date will be updated to reflect afuture date of applicability of the updated rule.

3. Section C, Definitions

a) New definitions for Application Efficiencies, Bulk Material Control, Cropland

– Oth er, Crop Residue Management, Cross Wind Stripcro p ping, Field Windbreaks, Grinding/Chipping/Shredding, Ground Operation , Irrigation Power Units,

Reduce d Pruning, Ridge Roughness, Road Mix, Soil Amendments, Sulfur Reduction or Elimination, Surface Roughening, and Tillage Operation, have

been added

, as the CMP menus have been updated with more options. These

new CMPs specify how emissions reductions will b e achieved

. b) S everal definitions have been modified for editorial purposes and to specif y how emissions reductions will be achieved. The CMPs are the following : Alternative Tilling; Bailing Large Bales; Bed/Row Size or Spacing; Chemical/Fertigation, Chips /Mulches, Fallow Land, Organic Materials, Polymers, Road Oil and Sand; Combined Operation; Conservation Irrigation; Conservation Tillage; Organic
Practices; Cover Crops; Equipment C h anges/Technological Improvements; Gravel; Green Chop; Hand Harvesting; Inte grated Pest Management; Mulching; Night Farming; Night Harvesting; Non Tillage/Chemical Tillage; Organic
Practices; Precision Farming; Pre Harvest Soil Preparation; Restricted Access; Shed Packing; Shuttle System/Large Carrier; Speed Limits; Track

- Out Cont rol; Transgenic Crops; Water Application; and Wind Barrier. c) Definitions C5 to C38 were renumbered. d) Mechanical Pruning CMP was deleted.

4. Section D, Requirements for Agricultural Operation Sites

a) Section D.1 has been modified to require implementation of two new CMPs categories. The Cropland

- other and W indblown Dust Control categories have been included to enhance BACM for agricultural operations. The cropland

- other
category was included to make this rule consistent and comparable with BACM requirements i n other areas, such as SJVAPCD and G reat B asin U nified A ir

P ollution C ontrol D istrict (GBUAPCD)

. The windblown dust control category was

included to reduce windblown dust emissions from in

- between crop s parcel s and

perma nent fallowed fields

. b) Section D.1 requirements hav e been modified such that on acres where the Conservation Tillage CMP is used, persons do not need to select additional measures for the following categories: D.1a Land preparation and cultivation, D.1.b Harvest activities, or D.1. e Cropland

- Other CMPs, b ut do need to implement at least one CMP from the other D.1 categories. c) Section D.1 has been modified such that persons may select the same type of CMP for categories D.1.c Unpaved Roads and D.1.d Unpaved Traffic Areas, since they apply to different land, but must choose a unique and individual CMP for every other CMP category listed in D.1 (unless using Conservation Tillage CMP). d) Section s D.2 and D.3 have been added to require additional mitigation ofunpaved roads and unpaved equipment traffic areas durin g periods of high traffic, such as harvesting. Unpaved roads and equipment traffic areas at agricultural operations will be required to comply with opacity and stabilization standards during periods of high traffic to make the CMPs for unpaved roads and

u npaved equipment or traffic areas comparable with the BACM requirements in other areas, such as SJVAPCD. e) Section D.6 has been modified to include more specific criteria for the Air District to approve alternative CMPs.

5. Section E, Conservation Managemen t Practices for Fugitive Dust (PM

- 10)

a) Section s E.1 and E.2 have been modified for editorial purposes and to incorporate new language to specify requirements if the owner or operator

selects the fallow land CMP . A parcel that has been temporarily or permanently removed from production will be required to mitigate windblown dust by implementing one of the CMPs listed in E.6 of this rule. b) Sections E.3 and E.4 have been modified for editorial purposes and to

inco rporate new language to require additional mitigation of unpaved roads and unpaved equipment or traffic areas during periods of high traffic, such as harvesting. These sections list the menu of CMPs options for mitigation of unpaved roads and equipment tr affic areas at agricultural operations sites. c) Section E.5 has been added to incorporate new language with the list of CMPs options for the Cropland

- other category. The owner or operator will select at least one of the CMPs options and include it in the dust control plan to be implemented during the season. d) Section E.6 has been added to incorporate new language with the list of CMPs options for the windblown dust category. The owner or operator will select at

least one of the CMPs options and include it in the dust control plan . If the parcel will be permanently fallowed, the owner or operator will be required to develop a dust control plan including one of the CMPs listed in this category.

6. Section F, CMP Plan Preparation.

a) Section F has been modified to incorporate new language to clarify that the existing valid CMP plan will correspond to the crop s being grown during the

current season and the corresponding CMPs being implemented for those crops.

The CMP plan will need to be modified if a different crop will be grown at a particular parcel. b) Section F.5 has been modified to include new language to require that the CMP plan include and describe each of the CMPs to be implemented at each agricultural operat ion site in order to verify that implementation is consistent with

the CMP definitions in the rule

.

As noted above, the p roposed amended Regulation VIII rules contain additional changes to enhance BACM and address any deficiencies identified by U.S. EPA for open areas, unpaved roads and agricultural lands. A ppendix B summarizes how theproposed rule amendments resolve U.S. EPA’s cited deficiencies.

III BEST AVAILABLE CONTROL MEASURES (BACM) ANALYSIS

In order to identify and ev aluate the so urces that contribute to PM 10 exceedences and determine the appropriate level of BACM for Imperial County

, in 2005 the Air District contracted ENVIRON International Corporation (ENVIRON) to develop

, a s a Technical

Memorandum , a Regulation VIII BACM An alysis Report

. The Air District implement s BACM through the PM 10 control measures proposed in Regulation VIII amendments.

The 2005 amendments to Regulation VIII reflect ed the changes that were identified in

the 2005 BACM Analysis for significant and d e minim u s (DM) source categories

. BAC M

for PM 10 are defined (in 59 F R 42010, August 16, 1994) as techniques that achieve the maximum degree of emissions reduction from a source as determined on a case

- by

case basis considering technological and economic feasib ility.

U

. S

. EPA has established de minimu s (DM) criteria for source categories contributing to

PM 10 . Specifically, U

. S

. EPA has established a source category contribution level of 5 μg/m 3 based on the 24

- hour PM 10 NAAQS . If a source category contributes more than

th is level to measured ambient PM 10 concentrations in a serious nonattainment area, then BACM is required to be implemented for that source category. The 2005 BACM assessment of the level of BACM for Impe rial County required for significant source categories was based on a comparative analysis to the fugitive dust rules in other PM 10 serious non

- attainment areas. The most recent comparative analysis at that time was done b y SJV APCD as part of their 2003 PM 10 Attainment Plan. The “serious” non

attainment areas include San Joaquin Valley, Maricopa County (Phoenix area), Clark County (Las Vegas area), South Coast (Los Angeles Basin), and Coachella Valley (Palm Springs area). For each of the fugitive dust control categories, comparisons were

made between 2005 proposed Regulation VIII rules and similar rules or statutes applicable to the other serious non

- attainment areas.

In the 2005 BACM analysis, the Air District identified unpaved road dust, dust from agricultural tilling, and windblown dust from open non

- crop

- farm areas (e.g., federal and state open areas) and n on

- pasture agricultural lands as significant source categories requiring BACM. However, the 2009 Imperial County S tate Implementation Plan ( SIP ) and documentation high wind events in 2006

- 2007 demonstrated that windblown dust is not a significant source of PM 10 emissions in Imperial County. U.S. EPA did not concur

with the high

- wind exceptional event submittals; that was the ba sis for limited approval/limited disapproval of the Regulation VIII rules and BACM analyses

. As part of the settlement agreement related to a BACM assessment of open areas and related OHV activity, t he Air District contracted Environ International Corporat ion to develop a OHV Area BACM Assessment (Appendix C ) that includes the latest OHV BACM comparative analysis (Appendix C ).

The control effectiveness of measures within the 2005 Regulation VIII amendments

were based on previously published estimates, including those used in the 1993 Imperial Valley PM 10 SIP, the 2003 San Joaquin Valley PM 10 SIP and, wherenecessary, other serious PM 10 non

- attainment area SIPs and related technical

documents. Table 1 summarizes, for each 2005 proposed Regulation VIII rule, estimated emissions from sources covered by the proposed rule, the percentage of those emissions that are subject to control requirements, the composite control factor for those controls, and the estimated emission reduc tions at full implementation. Implementation of the 2005 Regulation VIII Rules reduces more than 16 tons per day (tpd) of PM 10 from the total annual average day PM 10 emission inventory of 284 tons/day.

Table 1 . Proposed 2005 Regulation VIII Emission Reduc tion Summary

Proposed Rule Emissions (tons/day) Applicability (percent) Composite

Control

Factor Emission

Reductions (tons/day)

801 (Construction) 1.91 100 0.12 0.23

802(Bulk Materials) 2.61 10 0.5 0.13

803 (Track

- out) 4.09 18.4 0.6 0.45 804 (Open Areas) 163.36 1 0.7 1.14

805 (Non

- Farm Unpaved Roads) 84.53 20 0.6 10.09

805 (Paved Roads) 4.09 1 0.8 0.03

806 (CMPs) 25.35 96.9 4.16

TOTAL 281.85 16.23

2012 Proposed Amendments: The p roposed amended Regulation VIII rules contain

additional changes to enhance BACM for open areas, unpaved roads and agricultural lands. The proposed amended Regulation VIII rules all strengthen the rules and do not interfere or lessen any existing BACM requirements. Section II described how proposed

amendments to Regulation VIII rules address U.S. EPA’s cited BACM deficiencies, including how many of the proposed amendments incorporate the latest rule language from other serious nonattainment areas. Based on the 2005 BACM assessment, 2009

PM 10 SIP BACM assessment (c.f., Section 4.3), settlement negotiations wit h U.S. EPA on proposed rule requirements and the OHV Area BACM Assessment (Appendix C ), proposed amended Regulation VIII requirements are as stringent or more stringent (c.f. Rule 800 F.7) as the most stringent BACM for other serious non

- attainment areas

. Because many of the proposed rule amendments were clarifications and/or more detailed descriptions of rule requirements, these amendments will ensure that emissions reductions identified in our BACM analysis will be met

. It is expected that agricultural operations, DPR and BLM will incur additional costs in meeting the amended requirements. DPR, BLM and/or users of their lands will incur costs related to the preparation of new and/or Dust Control Plans (per Rule 800 S ection F.5), meeting new requirements (if any) for large

- scale off

- road events and high

- trafficked unpavedroads/parking areas, and any Rule 800 F.7.b determinations and related interagency

consultation. Agricultural operations will incur costs to revise CMP plans and, if necessary, implement additional CMPs. At this time, such costs cannot be quantified, although it is expected that the cost

- effectiveness and cost of such actions would be

consistent with those described in the 2005 BACM assessment for sim ilar actions.

IV CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

Air District staff concluded that the proposed revisions to Rule 800, Rule 804, Rule 805 and Rule 806 are categorically exempt from the California Environmental Quality Act as

an action by a regulatory agency for the protection of the environment (Class 8 Categorical Exemption, Section 15308, State CEQA Guidelines). The Air District analysis determined that the proposed revisions do not require 1) the installation of pollution control e quipment, 2) a performance standard, or 3) a treatment requirement but in fact assure the maintenance, restoration, enhancement and protection of the environment by involving regulatory procedures (measures) for such protection of the

environment. The ana lysis further concluded that the proposed revisions do not cause or provide for a reasonable possibility of causing a significant effect on the environment resulting from unusual circumstances. Therefore, there is no reasonable possibility that

the activi ty in question may have a significant adverse effect on the environment (Section 15061(b)(3), State CEQA Guidelines) and is therefore categorically exempt.

V. RULE DEVELOPMENT PROCESS

The Air District conducted three public workshop s to collect comments on the pr oposed

rule s, two at the Farm Bureau in El Centro, on September 17 and September 20, 2012

and another one at the Sto c k me n’s Club of Imperial Valley in Brawley, on September
20, 2012 . Comments provided by the public during the workshop s were incorporated into the proposed revisions to Regulation VIII rules as appropriate.

Two p ublic notice s inviting the community to review and comment on the proposed r ules

w ere published in the Imperial County local newspaper of greatest circulation, th e Imperial Valley Press, on September 9, 2012 and September 15, 2012 and on the same day it was made available on the Air District website. In addition, th e public notice was published in Spanish in the Adelante Valley, a local weekly newspaper, on September
21, 2012. Along with the public notice, a copy of the proposed Regulation VIII rules and BACM Analysis report were submitted to U.S. EPA for final review and comments.

VI. RECOMMENDATIONS

A. APCD ADVISORY BOARD

The Air Pollution Control District Advisory Boar d met to discuss the proposed revisions

Rule 800, Rule 804, Rule 805 and Rule 806 on October 1, 2012

. The APCD Advisory

Board recommended by a majority vote the approval of the proposed revised rules, thestaff report, its findin gs, appendices and attachments

. The APCD Advisory Board discussed all issues including a comment letter submitted by Comit é C í vico del Valle.

B. STAFF RECOMMENDATION

Air District staff recommends the adoption of the proposed revisions to R ule 800, General Requirements for Control of Fine Particulate Matter (PM10); Rule 804, Open Areas; Rule 805, Paved and Unpaved Roads and Rule 806, Conservation Management

Practices ; Staff Report; OHV BACM Analysis; Attachments and Findings.

VII. DECLARATION OF FINDING

The Imperial County Air Pollution Contr ol District Board hereby finds as follows:

The adoption of the proposed revised rules for the Imperial County, is considered a project within the meaning of Section §21065 of the California Environmental Quality Act (CEQA).

The adoption of the staff rep ort, its findings, appendices and attachments are exempt from the requirements of Public Resources Code Section 21000 et seq. under the CEQA Guidelines, in the California Code of Regulations Section 15061 (b)(3).

The A ir District is a regulatory agency and the public agency with the principle responsibility for carrying out projects related to air pollution and the control thereof.

Clean air is a valuable and essential natural resource.

The proposed revised rules will serve to reduce the amount of attainment air pollutants

introduced into the ambient air.

The adoption of the proposed revised rules will serve to enhance and protect the environment by controlling air pollutant sources of attainment pollutants.

There has been no evidence presented to suggest that the impleme ntation of the proposed revised rules, the staff report, its findings or appendices will have an adverse

effect on the environment.

There has been no evidence presented to suggest that the implementation of the proposed revised rules, the staff report, its findings and appendices will lead to or result in cumulative adverse impacts

.

Health and Safety Code §40702 provides the authority to the Air District to enact and adopt the proposed revised Rules.The requirements of the proposed revised rules, the staff report, its findings and appendices are clear and capable of being understood by those persons directly affected by it.

The proposed revised rules, the staff report, it’s findings and appendices do not conflict with or contradict any existing statute, co urt decision, or state or federal regulation.

The requirements of the proposed revised rules, the staff report, its findings and appendices are not duplicative of any existing state or federal regulation.

The proposed revised rules, the staff report, it ’s findings and appendices described herein will not significantly affect air quality or emissions limitations and therefore is exempt from California Health and Safety Code section §40728.5 (d), which requires a socioeconomic impact analysis of the propo sed action to be performed.

The Imperial County has a population of less than 500,000 people.