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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 addition 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).
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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2) No longer applicable.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 implementation.

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.
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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.
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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 806 D.1 has been modified to include a new 

CMP category – Windblown Dust Control that 

specifies measures to reduce windblown dust from 

fallowed areas. Rule 806 E.6 incorporates specific 

CMPs for windblown dust on any field.