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## APPENDIX B

REGULATION VIII AMMENDMENTS TO ADDRESS

EPA’S CITED DEFICIENCIES IN 75 FR 8008: FEB 23, 2013.

Source category EPA cited deficiency (February 2010 proposal) Summary of resolution of cited deficienc(ies) in Proposed Amendments to Regulation VIII rules (see Staff Report for more details)

Unpaved non

- farm

roads 1. EPA claimed that the schedule of mitigation for high

- traffic roads was

not a best

- effort schedule.

2. EPA claimed that R805 Section E.7 requirements (county unpaved road stabilization) not adequately

enforceable 1) Modification of Rule 805 E.7.b (addition of “comply”)

2) Modification of Rule 805 E.7.c (clarification of mitigation maintenance required on previously stabilized roads)

Unpaved farm roads

& traffic areas 1. EPA claimed that ICAPCD has not demonstrated BACM for unpaved

farm roads & traffic areas.

2. EPA argued about specificity issues

for CMPs. 1) Rule 806 D.2 and D.3 have been added to require

BACM to be implemented during high

- traffic days

, on farms greater than 40 acres , in additio n to the required all year around CMPs for these two categories.

2) Rule 806 D.2 and D.3 now directly refers to specific CMPs (defined in Rule 806 , Section C )

.Page 2 of 4 Source category EPA cited deficiency (February 2010 proposal) Summary of resolution of cited deficienc(ies) in Proposed Amendments to Regulation VIII rules (see Staff Report for more details)

Border patrol roads 1. It’s still unclear whether BP own or operates roads, and if they don’t, the exclusion can simply be removed

2. ICAPCD has not given any explanation/evidence to support its contention that R805 requirements are inconsistent with BP’s authority

and/or mission 1) Previous Rule 800 F.6.c was deleted as confusing

– the Border Patrol does not operate or own any public or private roads.

2) No longer applicable.

Agricultural tilling and harvesting

(Conservation Management Practices or CMPs) 1. EPA argues about specificity and enforceability issues for the CMPs

2. Based on regulations in SCJAPCD, EPA argues that ICAPCD needs 1 more CMP for agricultural tilling and harvesting (specifically, for cropland). 1) Numerous revisions to Rule 806 are proposed to increase specificity and improve enforceability. These include new and modified definitions, modified requirements (two new CMP categories and unpaved road/area requirements), revised CMP language, and clarifications on CMP plan preparation and implemen tation.

2) Rule 806 now includes two new CMP categories. The Cropland

- Other category is consistent with San Joaquin Valley and Great Basin air district regulations.Page 3 of 4 Source category EPA cited deficiency (February 2010 proposal) Summary of resolution of cited deficienc(ies) in Proposed Amendments to Regulation VIII rules (see Staff Report for more details)

OHV open areas 1. EPA claims that OHV areas on BLM lands are subject to Dust Control Plan (DCP) requirements that aren’t

BACM

2. EPA request to provide an analysis of potential BACM controls for OHV

recreational areas.

3. EPA request evaluation of feasibility and impacts of additional restrictions

in recreational OHV areas.

4. “Disturbed surface” not defined 1) Numerous revisions to Rule 800 are proposed to clarify DCP requirements and implementation. These include new definitions (Department of Parks and Recreation (DPR), Off

- Highway Vehicle

- related terms, open areas), clarification of compliance

schedule for DPR, revisions of the E.6 exemptions for clarification, and a number of modifications to the General Requirements (Section F.5) to clarify BACM requirements (within and separate from DCPs).

a) A novel requirement for new recreation OHV use

areas was included (Rule 800 F.7).

2) See Off

- Highway Vehicle (OHV) Area Best Available Control Measures (BACM) Assessment
report.

3) See Off

- Highway Vehicle (OHV) Area Best Available Control Measures (BACM) Assessment report, section 3.1.1, only 11% of federal land and 28% or state lands are open to OHV activity.

4) See new definition of Disturbed Surface Area (new C.15), which is substantially the same as in

SJVAPCD Rule 8011.Page 4 of 4 Source category EPA cited deficiency (February 2010 proposal) Summary of resolution of cited deficienc(ies) in Proposed Amendments to Regulation VIII rules (see Staff Report for more details)

Windblown dust from agricultural lands 1. EPA claims that windblown controls

are not BACM. EPA claims that

since SJVAPCD does not have a regular and repeated windblown dust problem, BACM must be MORE stringent in IC than R4550. 1) Rule 80 6 D.1 has been modified to include a new CMP category

– Windblown Dust Control that specifies measures to reduce win dblown dust from

fallowed areas. Rule 80 6 E.6 incorporates specific CMPs for windblown dust on any field.