# STAFF REPORT

Rule 3.22 Internal Combustion Engines

Date of Release: February 26, 2009

Schedule of Meetings Rule 3.22 Workshop: April 16, 2009 Public Hearing: June 1, 2009

### STAFF REPORT

Stationary Internal Combustion Engines 

### Date of Release: February 26, 2009 Scheduled Date of FRAQMD Adoption: June 1, 2009 Feather River AQMD, 938 14 th 

### Street, Marysville, California 95901

Contents Page Executive Summary..................................

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1. Purpose............................................

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2. Background.........................................

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3. Legal Mandate ......................................

................................................... ..........2

4. Proposed Rule Requirements.........................

................................................... .3

5. Socioeconomic Impact...............................

................................................... .....4

6. Effectiveness of Control Measures .................. ..................................................5

7. Estimated Cost Impact ..............................

................................................... ......9

8. Environmental Review and Compliance ................ .........................................10

9. Required Findings..................................

................................................... .......11

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Attachment A. Rule Analysis

Attachment B. Public Notice Attachment C. Comments and Responses- 1 - 

### Rule 3.22 STAFF REPORT Executive Summary

Feather River Air Quality Management District (Dist rict) is a Bi-County district that administers loca l, state and federal air quality management programs f or Yuba and Sutter Counties. Under the provisions of the California Clean Air Act (CCAA) of 1988, Yub a County and the northern portion of Sutter County have been designated as “moderate” non-attainment a reas for failing to meet the state ozone standard. The southern portion of Sutter County is designated as “serious” non-attainment for failing to meet th e state ozone standard. Yuba and Sutter Counties are also designated “moderate” non-attainment for failing to meet the state particulate matter standa rd.

Ozone is formed when volatile organic compounds (VO Cs) react with nitrogen oxides (NOx) in the presence of sunlight, and is one component of “smog ”. Ozone is a strong irritant that attacks the respiratory system, leading to damage of lung tissu es. Exposure to ozone aggravates asthma, bronchiti s and other respiratory diseases, as well as cardiova scular diseases. Reductions of NOx and VOCs are necessary to attain and maintain the state ambient air quality standard for ozone.

Particulate matter consists of very fine liquid and solid particles suspended in the air. Particles sm aller
than 10 microns in size are known as PM10, while th e very smallest particles less than 2.5 microns in size

are known as PM2.5. Particulate matter becomes entr ained in the air due to paved road dust, wood burning, motor vehicles, diesel engines, and other combustion sources. Reducing particulate matter air pollution is one of the California’s highest public health priorities because it is linked to increase d frequency and severity of asthma attacks, pneumonia and bronchitis, and even premature death in people with pre-existing cardiac or respiratory disease. R eductions of PM10 and PM2.5 are necessary to attain and maintain the state ambient air quality standard s.

The 2003 Air Quality Attainment Plan requires the N orthern Sacramento Valley Air Basin (NSVAB) to adopt rules and regulations deemed necessary to att ain and maintain the state ambient air quality standard for criteria pollutants at the earliest p ractical date. Senate Bill 656 addressed multiple c ontrol measures that would help reduce the particulate mat ter concentrations in the air. Rule 3.22, Stationa ry Internal Combustion Engines has been developed to f ulfill the commitment made by the District and to help attain the state ambient air quality standards for ozone and particulate matter.



### 1.0 Purpose:

The purpose of Rule 3.22 is to limit emissions of n itrogen oxides (NOx), carbon monoxide (CO) and volatile organic compounds (VOCs) from stationary i nternal combustion engines with rated break horsepower greater than or equal to fifty (>50 hp). This rule would also bring about reductions in the particulate matter emitted from the engines.



### 2.0 Background:

Stationary IC engines are typically used as either primary or backup engines to generate electricity o r power pumps and compressors. IC engines are fueled by diesel, natural gas, propane (LPG), refinery fue l gas, digester gas, and landfill gas. Some final pro ducts of combustion include oxides of nitrogen (NOx ), carbon monoxide (CO), volatile organic compounds (V OC), and fine particulate matter (PM-10), which are all discharged into the atmosphere. Oxides of n itrogen and volatile organic compounds are recogniz ed as precursors to ground-level ozone formation, and reductions in NOx and VOC are necessary to attain- 2 -

and maintain the state ambient air quality standard for ozone. Ozone can result in reduced lung functi on, increased respiratory symptoms, increased airway hy peractivity, and increased airway inflammation. Emissions of VOCs also react in the atmosphere to f orm PM10 and PM2.5. Inhalation of PM10 and PM2.5 deep into the lungs reduces human pulmonary f unction.

Staff proposed to adopt Rule 3.22 to achieve reason able emission reductions from stationary internal combustion engines to help attain the state and fed eral ambient air quality standards for ozone and particulate matter. The proposed rule will also be consistent among the NSVAB Districts, where

emission standards are based on the CARB’s Determin ation for Reasonable Available Control Technology (RACT) and Best Available Retrofit Contr ol Technology (BARCT) for stationary internal combustion engines.



### 3.0 Legal Mandate:

State Mandates: Yuba County and the northern area of Sutter County is designated as “moderate” nonattainment for the state ozone standard. The southe rn area of Sutter County, also known as the Sacramento Federal Non-attainment Area (SFNA), is d esignated “serious” non-attainment for the state ozone standard. The California Clean Air Act (CCAA ) requires areas designated as non-attainment for ozone to adopt control measures required in Section 40918 & 40919 of California Health and Safety Code (CH&S). CH&S Code, Section 40918 requires the Distr ict to adopt a control measure that will use reasonable available control technology (RACT) for all existing stationary sources in the “moderate” n onattainment area. CH&S Code, Section 40919 requires the District to adopt a control measure that will use Best Available Retrofit Control Technology for all existing stationary sources in the “serious” nonattainment area. The CCAA also requires the Distric t to develop a plan to achieve California’s ambient air quality standard by the earliest practical date (CH &S Code Section 40913).

Yuba and Sutter Counties are also designated as “mo derate” non-attainment for the state PM10 standard. In 2003, the Legislature passed Senate Bill 656 to reduce public exposure to PM10 and PM2.5. The legislation requires the ARB, in consultation with local air pollution control and air quality managem ent districts, to adopt a list of the most readily avai lable, feasible, and cost effective control measure s that could be implemented by air districts to reduce PM1 0 and PM2.5. Pursuant to SB 656, the Board of Directors of the Feather River Air Quality Manageme nt District passed and adopted the Particulate Matt er Control Measure Implementation Schedule at a meetin g on August 1, 2005. Rule 3.22 was included on this implementation schedule. Measures adopted as p art of SB656 will complement and support those required for the State attainment plan as well as f or State ozone plans. This will ensure continuing f ocus on PM reduction and progress towards attaining Cali fornia’s more health protective standards.

Federal Mandates: In 2004, EPA designated the Sacramento region as on e of the nation’s four worst 8-hour ozone nonattainment areas. This region, called the Sacram ento Federal Nonattainment Area, includes all of Sacramento and Yolo counties and portions of Placer , El Dorado, Solano, and Sutter counties. Federal law and regulations set specific planning requireme nts for adopting and implementing a plan to meet reasonable further progress goals and demonstrate a ttainment of the 1997 federal ozone standard as expeditiously as practicable, but no later than our attainment deadline. This State Implementation Pla n (SIP) contains a list of control measures which wil l help the area meet federal Clean Air Act planning requirements for the 1997 health based standards fo r 8-hour ozone. Rule 3.22 was included on the list as a feasible control measure.

All Feasible Measures Requirements: California Health and Safety Code Section 40914 re quires the District’s plan to demonstrate that the plan includ es “every feasible measure" to control emissions.- 3 -

Accordingly, the District must adopt an effective c ontrol measures to limit NOx emissions from interna l combustion engines. The District has evaluated the standards in the rule against similar requirements recently adopted by other districts. The District h as determined that the standards are feasible and h ave been achieved in practice.



### 4.0 Proposed Rule Requirements:

4.1 Applicability

Rule 3.22 applies to all internal combustion engine s with rated break horsepower greater than or equal to fifty (>50 hp) used in industrial, institu tional, and commercial operations that operate

within the boundaries of the District.

4.2 Standards

All internal combustion engines shall not be operat ed above the emission limitations according to the area of designation and fuel type, as shown in Table 1 and 2.

Table 1: North FRAQMD Emission Limits

NOx (ppmv at 15% O2) VOC (ppmv at 15% O2) CO (ppmv at 15% O2)

Spark Ignited

Rich Burn 90 250 4000

Spark Ignited

Lean Burn 150 750 4000

Compression Ignited 600 750 4000

Table 2: South FRAQMD Emission Limits

NOx (ppmv at 15% O2) VOC (ppmv at 15% O2) CO (ppmv at 15% O2)

Spark Ignited

Rich Burn 25 250 4000

Spark Ignited

Lean Burn 65 750 4000

Compression Ignited 80 750 4000- 4 -

4.3 Compliance Schedule

The owner or operator of one or more stationary int ernal combustion engines subject to this rule shall choose one of the following compliance schedu les:

4.3.a For each engine to be permanently removed from ser vice and replaced with an

electric motor: (1) Submit a statement to the Air Pollution Control Off icer identifying the engine

to be removed no later than six months after Distri ct adoption of the rule; (2) Replace the engine with an electric motor no later three years after District adoption of the rule;

4.3.b For all other engines subject to this determinatio n:

(1) Have all required applications for permits to cons truct submitted to the Air Pollution Control Officer no later than one year af ter District adoption of the rule; (2) Have each engine demonstrate compliance with the em ission limits no later than two years after District adoption of the rule;

4.4 Monitoring and Recordkeeping

The owner or operator of one or more stationary int ernal combustion engines subject to this rule shall meet the following requirements:

4.4.a To demonstrate on-going compliance, a unit will b e source tested once every five years. During any year in which a source test is no t performed, a portable analyzer shall be used to take emission readings to verify compliance with the emission limits.

4.4.b All emission readings shall be taken at an engine ’s actual peak load and under the engine’s typical duty cycle. The analyzer shall be calibrated, maintained and operated in accordance with the manufacturer’s specifications a nd recommendations or a protocol approved by the Air Pollution Control Officer. An i nstrument reading in excess of the emission compliance values shall not be considered a violation, so long as the engine is brought into compliance within 15 days of the initi al out of compliance reading.

4.4.c All records shall be maintained for at least five years and made available for inspection by the Air Pollution Control Officer or the Officer 's designee.



### 5.0 Socioeconomic Impact:

Yuba and Sutter counties have a combined population less than 500,000 persons. The Required Assessment in subsection (d) of the California Heal th and Safety Code (Section 40728.5) states, “This section does not apply to any district with a popul ation of less than 500,000 persons.” A socioeconomi c impact analysis is not required.- 5 -



### 6.0 Effectiveness of Control Measures:

The reduction of NOx emissions from process equipme nt, such as internal combustion engines, is mainly accomplished through pre-combustion modifications a nd/or post-combustion exhaust controls. The application of a specific technique will depend on the type of engine, the characteristic of its prima ry fuel, and method of firing. Table 3 presents a summary of these technologies and other feasible options that includes affected engine type, approximate effectiv eness over uncontrolled emissions, cost estimates, and a general description.

6.1 Pre-combustion Modifications

Pre-combustion modifications affect the way fuel is combusted or “burned.” Some of these techniques include changing the air to fuel ratio, reducing the peak combustion temperature, shortening the residence time at high temperatures, or adjusting the ignition or injection timing.

1. Air/Fuel Ratio Changes

Stoichiometry is achieved when the air/fuel ratio i s such that all the fuel can be fully oxidized with no residual oxygen remaining. NOx formation is highest when the air/fuel ratio is slightly on the lean side of stoichiometric. At this point, bot h CO and VOC are relatively low. Adjusting the

air/fuel ratio toward either leaner or richer mixtu res from the peak NOx formation air/fuel ratio

will reduce NOx formation.

In the case of leaner mixtures, the excess air acts as a heat sink, reducing peak temperatures,

which results in reduced NOx formation. The excess air also allows more oxygen to come into contact with the fuel, which promotes complete comb ustion and reduces VOC and CO emissions. As the mixture continues to be leaned out, the redu ced temperatures may result in a slight increase in CO and VOC emissions. Operating the eng ine on the lean side of the NOx formation peak is often preferred over operating rich because of increased fuel efficiencies associated with lean operation. However, use of very lean air/fuel ratios may result in ignition problems. For this reason, techniques designed to improve ignition are often combined with lean air/fuel ratios to

control NOx emissions and avoid increases in VOC em issions.

NOx formation will also decrease if the mixture is richened from the peak NOx air/fuel ratio. However, a mixture richer than stoichiometric will result in incomplete combustion. Nearly all the oxygen will then combine with the fuel and emis sions of CO and VOC will increase.

2. Turbocharging and Aftercooling

Turbochargers compress the intake air of an engine before this air enters the combustion chamber. Due to compression, the temperature of thi s air is increased. This tends to increase peak temperatures, which increases the formation of NOx. However, the heat sink effect of the additional air in the cylinder, combined with the i ncreased engine efficiency from turbocharging or supercharging, generally results in a minor over all decrease in NOx emissions per unit of power output. On the other hand, turbocharging can significantly increase the maximum power rating of an engine, which increases the maximum ma ss emissions rate for NOx. Due to the high density of oxygen in the combustion chamber, turboc harging makes the combustion process more effective, which tends to reduce emissions of CO an d VOC.- 6 -

On turbocharged engines, the intake air temperature can be reduced by aftercooling (also known as intercooling or charge air cooling). An aftercoo ler consists of a heat exchanger located between the turbocharger and combustion chamber. Th e heat exchanger reduces the temperature of the intake air after it has been compressed by t he turbocharger. Cooling the intake air reduces peak combustion temperatures, and thereby reduces N Ox emissions. The cooling medium can be water, either from the radiator or from a source ou tside of the engine, or the cooling medium can be ambient air. The cooling effects of the aftercoo ler increases the density of the intake air, which results in a leaner air/fuel mixture in SI engines if no additional fuel is introduced. For engines already using lean air/fuel mixtures, this leaner m ixture will lower NOx emissions further.

6.2 Post-combustion Exhaust Control

Post combustion controls generally consist of catal ysts or filters that act on the engine exhaust to

reduce emissions. Post combustion controls also inc lude the introduction of agents or other

substances that act on the exhaust to reduce emissi ons, with or without the assistance of catalysts

or filters.

1. Non-Selective Catalytic Reduction (NSCR)

The NSCR catalyst promotes the chemical reduction o f NOx in the presence of CO and VOC to produce oxygen and nitrogen. The 3-way NSCR catalys t also contains materials that promote the

oxidation of VOC and CO to form carbon dioxide and water vapor. To control NOx, CO, and VOC simultaneously, 3-way catalysts must operate in a narrow air/fuel ratio band (15.9 to 16.1 for natural gas-fired engines) that is close to sto ichiometric. An electronic controller, which includes an oxygen sensor and feedback mechanism, i s often necessary to maintain the air/fuel

ratio in this narrow band.

When applying NSCR to an engine, care must be taken to ensure that the sulfur content of the fuel gas is not excessive. The sulfur content of pi peline-quality natural gas and LPG is very low, but some oil field gases and waste gases can contai n high concentrations. Sulfur tends to collect on the catalyst, which causes deactivation. This is generally not a permanent condition, and can be reversed by introducing higher temperature exhau st into the catalyst or simply by heating the catalyst.

The total installed cost of an NSCR system on an ex isting engine varies with the size of the engine. For an 80 horsepower engine, total costs fo r installation may range from $5,000 to $11,000. For an 1,100 horsepower engine, installed costs of $20,000 to $25,000 are typical.

2. Selective Non-Catalytic Reduction (SNCR)

SNCR reduces NOx by injecting ammonia or urea into the exhaust gas. The injected ammonia or urea reacts with the nitrogen oxides to produce nit rogen gas and water vapor. A drawback of SNCR is that it is highly dependent on temperature, which must be between the 1400 o F to 2000 o F range. If the temperature is below 1600 o F, chemical enhancers such as hydrogen may be requi red to help the reaction. If the temperature is above 2000 o F, the ammonia or urea tends to react with any available oxygen to form NO.

With SNCR, it is very important to control the exce ss un-reacted ammonia. The excess ammonia could react with other combustion by-products and f orm ammonia salts or may pass through the system and into the atmosphere. This is known as a n ammonia slip and it is sometimes visible in the plume from the stack. Due its environmental im pact, SNCR systems are restricted to not emit- 7 -

ammonia in excess of 20 ppmv at dry stack condition s adjusted to 3% oxygen into the atmosphere.

3. Selective Catalytic Reduction (SCR)

A Selective Catalytic Reduction unit is another pos t-combustion control measure and is operated similar to a SNCR. However, instead of injecting i nto a specific temperature zone, SCR injects ammonia into the flue gas over a catalyst bed. The catalyst bed allows the reaction to reduce NOx at a temperature range from 500 o F to 850 o F. Similar to SNCR, the ammonia slip must be regulated.

6.3 Engine Replacement

Rather than applying controls to the existing engin e, another viable option it is to replace it with either a new, low emissions engine or an electric m otor. However, in remote locations or where electrical infrastructure is inadequate, the costs of electrical power transportation and conditioning may be excessive.- 8 -Table 3: Summary of NOx Emission Control Technologies for Stationary IC EnginesControlTechnologyEngineTypesEffectivenessCapitalCostsDescriptionNon-SelectiveCatalytic Reduction(NSCR)Rich BurnEnginesNOx: >98%CO: >97%HC: >80%$50-200/bhpExhaust Control:Post combustion oxidation of HC & CO by O2 and NOxover acatalyst (usually a noble metal like platinum, rhodium, or palladium). The HC &CO are converted to CO2 and water, while the NOx isreduced to N2.Selective CatalyticReduction (SCR)Lean BurnEnginesNOx: >95%CO: >97%HC: >80%$135-510/bhpExhaust Control:Ammonia or urea injected in the exhaust before a catalyst. TheHC & CO are converted to CO2 and water, while the NOx is reduced to N2.Post CombustionOxidation &Selective NonCatalytic ReductionCI, Lean Burn,and Rich BurnEnginesNOx: >90%PM: 60%CO: <10 ppm$30-155/bhpExhaust Control:•Non-Catalytic Oxidation of HC, PM, CO•Exhaust heated to 1,400 to 1,550 °F through fuel introduction to exhaust•Urea injected to reduce NOx•Ammonia Slip (2 ppm)SCR with DieselParticulate FiltrationCI EnginesNOx: 95%PM: 89%$180-620/bhpExhaust Control:•Aqueous urea injected•Ammonia slip: 4.4 ppm with 30 ppm spikesLean + DeratingRich and LeanBurn EnginesNOx: >80%n/aCombustion Control:Increase the air-to-fuel ratio toward lean and derate, ordecrease the cylinder pressures and temperature which reduces the power outputof an engine. The lower pressure and temperature reduces NOx, but mayincrease HC & CO.Pre-StratifiedChargeRich and LeanBurn EnginesNOx: >80%$1250-1825/bhpCombustion Control:Small amounts of air are introduced to the intake manifoldcreate sequential fuel-rich and fuel-lean zones. This provides both a fuel-richignition zone and rapid flame cooling in the fuel-lean zone.Low-EmissionCombustionRich and LeanBurn EnginesNOx: >80%$285/bhpCombustion Control:Lean Burn combined with:•ignition system improvement,•turbocharging, aftercooling•air/fuel ratio controllerEngineReplacementCI, Lean Burn,and Rich BurnEngines60-100% VariableFor replacement with an electric motor, emissions are reduced 100 percent at theIC engine location. For replacement with a newer engine, emissions will dropdrastically.- 9 -



### 7.0 Estimated Cost Impact:

The proposed Rule 3.22 will require all units subje ct to this rule to meet the associated emissions standards. Some sources may need to install additio nal equipment such as operational tracking devices and/or emission control devices to be exempt from t he emission standards. The proposed rule will also require compliance testing to show compliance with the required emission standards. A summary of the estimated cost for equipment and testing is shown b elow in Table 4.

Table 4: Summary of Estimated Cost Capital Investment Cost (dollars)

Non-resettable Hour Meter

Fuel Flow Meter

Equipment Retrofit Air/Fuel Ratio & Engine Adjustments Turbocharging/Aftercooling

NSCR & Air/Fuel Ratio Controller

SCR

Portable Analyzer

Replace Unit $400 $1,500

$1,000 $5,000 to $40,000 $5,000 to $25,000 $90,000

$4,000 to $8,000

Variable

Compliance Cost (dollars)

Initial Compliance: Source Test On-going Compliance Program $2,000-$4,000/unit $500/unit

After one year of the date of adoption of the propo sed rule, all internal combustion engines which nee d to be modified for the exemption of this rule shall in stall either a non-resettable hour meter or a fuel flow totalizing meter to track the annual usage of each unit. The District anticipates most owners or oper ators will chose to install a non-resettable hour meter, which will cost about $400. The majority of the eng ines in the District already have these installed, so no further work will be required.

For each unit to be in compliance with rule 3.22, t he facility must show that the unit meets the emiss ions requirement. Most units can achieve the emission st andards by retrofitting the unit with a NSCR cataly tic converter, which ranges from $5,000 to $25,000, or simply by tuning the combustion controls, which costs around $1,000.

It is expected that around 40% of the engines in th e District will need some sort of modification to s atisfy the emissions limit. The majority of the engines wh ich need to be phased out are the older lean burn engines. Adding emission control devices to these e ngines tend to be expensive. It is expected that th e majority of these lean burn engines will be replace d with rich burn engines with NSCR catalytic

converters.

To show initial compliance, the proposed rule requi res the facility to perform a source test on the en gine or provide results verifying the engine meets the e missions limits. The cost of a source test is about- 10 -

$2,000-$4,000 per engine using a reference method s uch as ARB Method 100. Costs are less if multiple engines are tested at the same time. If the engine is already certified to the emission limits, there won’t be any additional costs to achieve initial compliance. It is expected that around 80% of the engines will need

to be source tested.

To show ongoing compliance, a hand-held portable NO x analyzer will be needed. The cost of an analyzer ranges from $4,000 to $8,000. Many engine operators who perform their own maintenance and maintain several engines already use portable analyzers. Sma ller operators generally contract out engine maintenance, and nearly all maintenance contractors already have analyzers. The expected cost of the o ngoing compliance program is around $500 per engine per year due to labor costs.

There are currently around 76 stationary prime inte rnal combustion engines larger than 50 bhp located within the District, which are summarized in Table 5. If left uncontrolled, these engines generally po llute between 3 to 10 tons per year of NOx depending on t he size of the engine. This corresponds to around 360 tons of NOx emissions per year within the Distr ict. However, about 60% of the engines already have NSCR catalytic converters. After the control techno logies are implemented for the remaining engines, t he engines are expected to pollute at least 70% less t han their current emission levels. This would decre ase NOx emissions within the District by 100 tons per y ear.

360 tons/yr * 40% needing modifications * 70% reduc tion = 100 ton/yr less pollution

Table 5: Summary of Prime Stationary Engines over 50 hp in Yuba and Sutter Counties

Fuel Number of Engines

Spark Ignited

Rich Burn 44

Spark Ignited

Lean Burn 21

Compression Ignited 11

Total 76



### 8.0 Environmental Review and Compliance:

The adoption of rule 3.22 is categorically exempt f rom the California Environmental Quality Act (CEQA) under Sections 15307 and 15308 of the State CEQA Gu idelines and no exceptions to these exemptions apply. This exemption is allowed when the rule will help improve air quality in Yuba and Sutter County

. California Public Resources Code (Section 21159) re quires an environmental analysis of the reasonably foreseeable methods of compliance. The District has concluded that no reasonably foreseeable adverse environmental impacts will be caused by adoption of the proposed rule.- 11 -



### 9.0 Required Findings:

The California Health and Safety Code, Division 26, Air Resources, requires local Districts to comply with a rule adoption protocol as set forth in Secti on 40727 of the Code. This section has been revise d through legislative mandate to contain 6 findings t hat the District must make when developing, amendin g, or repealing a rule. These findings and their defi nitions are listed in the following table.



### Table 6: Required Findings

FINDING DEFINITION REFERENCE Authority A district shall adopt rules and regulations

and do such acts as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the district by this division and other statutory provisions California Health and Safety Code, Sections 40000, 40001, and 40702 are provisions of law that provide air districts with the authority to adopt these proposed rules.

Necessity The District has demonstrated that a need

for the rule, or for rule amendment or repeal. It is necessary for districts to adopt these amendments to comply with state law and to ensure consistency with neighboring air

districts. Clarity The rule is written or displayed so that its

meaning can easily be understood by the persons directly affected by it There is no indication, at this time, that the proposed rules are written in such a manner that it cannot be easily understood by persons affected by the rule. Consistency This rule is in harmony with, and not in

conflict with or contradictory to, existing statutes, court decisions, or State or federal regulations. These rules are consistent with applicable statutory requirements.

NonDuplication The rule does not impose the same

requirements as an existing State or federal regulation, unless the District finds that the requirements are necessary and proper to execute the powers and duties granted to, and imposed upon, the district The proposed rule does not impose requirements that duplicate existing laws or regulations.

Reference Any statute, court decision, or other

provision of law that the district implements, interprets, or makes specific by adopting, amending, or repealing a regulation. The proposed rule has been developed to meet the requirements of the 2003 State Implementation Plan.

# ATTACHMENT A

Rule Analysis

# ATTACHMENT B

Public Notice

# ATTACHMENT C

Comments and Responses