Antelope Valley 

Air Quality Management District 

Final 

Staff Report 

Adoption of 

Rule 107 – Certification of Submissions 

and Emission Statements

Adopted on 

May 15, 2012 

43301 DIVISION ST., SUITE 206,

LANCASTER, CALIFORNIA 93535-4649 

PHONE (661) 723-8070 

FAX (661) 723-3450 
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Final Staff Report, 06/15/12 

STAFF REPORT 

TABLE OF CONTENTS 

Rule 107 – Certification of Submissions and Emission Statements 

I. PURPOSE OF STAFF REPORT ...........................................................................................1 

II. EXECUTIVE SUMMARY....................................................................................................1 

III. STAFF RECOMMENDATION ............................................................................................1 

IV. LEGAL REQUIREMENTS CHECKLIST...........................................................................2 

V. DISCUSSION OF LEGAL REQUIREMENTS ...................................................................3 

A. REQUIRED ELEMENTS/FINDINGS...........................................................................3 

1. State Findings Required for Adoption of Rules & Regulations ......................3 

a. Necessity ..............................................................................................3 

b. Authority..............................................................................................3 

c. Clarity...................................................................................................3 

d. Consistency..........................................................................................3 

e. Non-duplication ...................................................................................3 

f. Reference..............................................................................................4 

g. Public Notice & Comment, Public Hearing.........................................4 

2. Federal Elements (SIP Submittals, Other Federal Submittals)........................4 

a. Satisfaction of Underlying Federal Requirements ...............................4 

b. Public Notice and Comment................................................................4 

c. Availability of Document.....................................................................4 

d. Notice to Specified Entities .................................................................4 

e. Public Hearing.......................................................................................4 

f. Legal Authority to Adopt and Implement ............................................5 

g. Applicable State Laws and Regulations Were Followed.....................5 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS.........................................5 

C. ECONOMIC ANALYSIS ..............................................................................................5 

1. General.............................................................................................................5 

2. Incremental Cost Effectiveness.......................................................................5 

D. ENVIRONMENTAL ANALYSIS (CEQA) ..................................................................6 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS .................................................6 

1. Potential Environmental Impacts.....................................................................6 

2. Mitigation of Impacts.......................................................................................6 

3. Alternative Methods of Compliance................................................................6 
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F. PUBLIC REVIEW ..........................................................................................................6 

VI. TECHNICAL DISCUSSION ...............................................................................................6 

A. SOURCE DESCRIPTION .............................................................................................6 

B. EMISSIONS ...................................................................................................................7 

C. CONTROL REQUIREMENTS......................................................................................7 

D. PROPOSED RULE SUMMARY...................................................................................7 

E. SIP HISTORY.................................................................................................................8 

1. SIP History.......................................................................................................8 

2. SIP Analysis.....................................................................................................8 

Appendix A – Rule 107 Iterated Version ....................................................................................A-1 

Appendix B - Public Notice Documents .....................................................................................B-1 

Appendix C - Public Comments and Responses .........................................................................C-1 

Appendix D - California Environmental Quality Act Documentation ........................................D-1 

Appendix E - Bibliography..........................................................................................................E-1 
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STAFF REPORT 

Rule 107 - Certification of Submissions and Emission Statements

I. PURPOSE OF STAFF REPORT 

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and 

background material to the members of the Governing Board. This allows the members of the 

Governing Board to be fully informed before making any required decision. It also provides the 

documentation necessary for the Governing Board to make any findings, which are required by law to 

be made prior to the approval or adoption of a document. In addition, a staff report ensures that the

correct procedures and proper documentation for approval or adoption of a document have been 

performed. Finally, the staff report provides evidence for defense against legal challenges regarding

the propriety of the approval or adoption of the document. 

II. EXECUTIVE SUMMARY 

On July 1, 1997 the Antelope Valley Air Pollution Control District (AVAPCD) was created pursuant to 

statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and assumed all air 

pollution control responsibilities from the South Coast Air Quality Management District (SCAQMD) 

for the area of Los Angeles County outside the South Coast Air Basin (SCAB). On January 1, 2002 the 

Antelope Valley Air Quality Management District (AVAQMD) was created pursuant to statute (H&S 

Code §41300 et seq.) to replace the AVAPCD. 

The proposed adoption of Rule 107 – Certification of Submissions and Emission Statements will 

implement the requirements of the Federal Clean Air Act (FCAA) Section 182 (a)(3)(B)(i) which 

requires that states with areas designated as nonattainment for ozone require emissions data from 

sources of oxides of nitrogen and volatile organic compounds (VOCs) located in the nonattainment 

areas. The District also has the authority pursuant to the California Health and Safety (H&S) Code §§

40702, 41511, 42303, 30607 and 44340 to require the owners or operators of facilities which operate 

under District permits to submit emission statements. 

The AVAQMD currently requests and collects emission statements pursuant to reporting requirements. 

This rule merely formalizes the current procedure in rule format to meet the FCAA requirement. 

III. STAFF RECOMMENDATION 

Staff recommends that the Governing Board of the Antelope Valley Air Quality Management District 

adopt, after conducting a public hearing, a resolution approving the adoption of Rule 107 – 

Certification of Submissions and Emission Statements. This rule will formalize the request for, and 

collection of, emission statements pursuant to FCAA requirements. 

The Governing Board of the Antelope Valley Air Quality Management District adopted Rule 107 – 

Certification of Submissions and Emission Statements on May 15, 2012. 
2 AVAQMD Rule 107 

Final Staff Report, 06/15/12

IV. LEGAL REQUIREMENTS CHECKLIST 

The findings and analysis as indicated below are required for the procedurally correct adoption of Rule 

107 - Certification of Submissions and Emission Statements. Each item is discussed, if applicable, in 

Section V below. Copies of documents are included in the appropriate Appendix. 

FINDINGS REQUIRED FOR 

RULES & REGULATIONS 

 X Necessity 

 X Authority 

 X Clarity 

 X Consistency 

 X Non-duplication 

 X Reference 

 X Public Notice & Comment 

 X Public Hearing 

REQUIREMENTS FOR STATE 

IMPLEMENTATION PLAN 

SUBMISSION (SIP): 

 X Public Notice & Comment 

 X Availability of Document 

 X Notice to Specified Entities (State, 

Air Districts, USEPA, Other States) 

 X Public Hearing 

 X Legal Authority to adopt and 

implement the document. 

 X Applicable State laws and 

regulations were followed. 

ELEMENTS OF A FEDERAL 

SUBMISSION 

N/A Elements as set forth in applicable 

Federal law or regulations. 

CALIFORNIA ENVIRONMENTAL 

QUALITY ACT REQUIREMENTS 

(CEQA):

N/A Ministerial Action 

 X Exemption 

N/A Negative Declaration 

N/A Environmental Impact Report 

 X Appropriate findings, if necessary. 

 X Public Notice & Comment 

SUPPLEMENTAL ENVIRONMENTAL 

ANALYSIS (RULES & REGULATIONS 

ONLY): 

 X Environmental impacts of 

compliance. 

N/A Mitigation of impacts. 

N/A Alternative methods of compliance. 

OTHER: 

N/A Written analysis of existing air 

pollution control requirements 

N/A Economic Analysis 

 X Public Review 
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V. DISCUSSION OF LEGAL REQUIREMENTS 

A. REQUIRED ELEMENTS/FINDINGS 

This section discusses the State of California statutory requirements that apply to the proposed 

adoption of Rule 107. These are actions, that need to be performed, and/or information, that 

must be provided in order to amend the rule in a procedurally correct manner. 

1. State Findings Required for Adoption of Rules & Regulations: 

Before adopting, amending, or repealing a rule or regulation, the AVAQMD Governing 

Board is required to make findings of necessity, authority, clarity, consistency, nonduplication, and reference based upon relevant information presented at the hearing. The 

information below is provided to assist the AVAQMD Governing Board in making 

these findings. 

a. Necessity: 

The proposed adoption of Rule 107 is necessary to formalize the request for, and 

collection of, emission statements pursuant to FCAA requirements.

b. Authority: 

The AVAQMD has the authority pursuant to H&S Code §40702 to adopt, 

amend or repeal rules and regulations. 

c. Clarity: 

The proposed new rule is clear in that it is written so that the persons subject to 

the rule can easily understand the meaning. 

d. Consistency: 

The proposed adoption of Rule 107 is in harmony with, and not in conflict with 

or contradictory to, any state law or regulation, federal law or regulation, or court 

decisions because it formalizes the request for, and collection of, emission 

statements pursuant to FCAA requirements. 

e. Non-duplication: 

The proposed adoption of Rule 107 does not impose the same requirements as 

an existing state or federal law or regulation because it formalizes the request 

for, and collection of, emission statements pursuant to FCAA requirements. 
4 AVAQMD Rule 107 

Final Staff Report, 06/15/12

f. Reference: 

AVAQMD has the authority pursuant to H&S Code §40702 to adopt, amend or 

repeal rules and regulations. 

g. Public Notice & Comment, Public Hearing: 

Notice for the public hearing for the proposed adoption of Rule 107 was

published April 2, 2012. See Appendix “B” for a copy of the public notice. See 

Appendix C for copies of comments, if any, and AVAQMD responses. 

2. Federal Elements (SIP Submittals, Other Federal Submittals). 

Submittals to USEPA are required to include various elements depending upon the type 

of document submitted and the underlying federal law which requires the submittal. 

The information below indicates which elements are required for the proposed adoption 

of Rule 107 and how they were satisfied. 

a. Satisfaction of Underlying Federal Requirements: 

The adoption of proposed new Rule 107 is subject to all the requirements for a 

SIP submittal because the FCAA requires that states with areas designated as 

nonattainment for ozone require emission statement data from sources of oxides 

of nitrogen and volatile organic compounds (VOCs) in the nonattainment areas, 

regardless of the classification. Therefore the AVAQMD will request that Rule 

107 be included in the SIP. The criteria for determining completeness of SIP 

submissions are set forth in 40 CFR Part 51, Appendix V, 2.0. 

b. Public Notice and Comment: 

Notice for the public hearing for the proposed adoption of Rule 107 was published 

April 2, 2012. See Appendix “B” for a copy of the public notice. 

c. Availability of Document: 

Copies of proposed new Rule 107 and the accompanying draft staff report was 

made available to the public on March 27, 2012. 

d. Notice to Specified Entities 

Copies of proposed new Rule 107 and the accompanying draft staff report will 

be mailed to all affected agencies, including but not limited to CARB and 

USEPA on March 27, 2012. 

e. Public Hearing: 

A public hearing to consider the proposed adoption of Rule 107 was conducted 

on May 15, 2012. 
AVAQMD Rule 107 5

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f. Legal Authority to Adopt and Implement: 

The AVAQMD has the authority pursuant to H&S Code §40702 to adopt, 

amend, or repeal rules and regulations and to do such acts as may be necessary 

or proper to execute the duties imposed upon the AVAQMD. 

g. Applicable State Laws and Regulations Were Followed: 

Public notice and hearing procedures pursuant to H&S Code §§40725-40728 

have been followed. See Section (V)(A)(1) above for compliance with state 

findings required pursuant to H&S Code §40727. See Section (V)(B) below for 

compliance with the required analysis of existing requirements pursuant to H&S 

Code §40727.2. See Section (V)(C) for compliance with economic analysis 

requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for 

compliance with provisions of the California Environmental Quality Act 

(CEQA). 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS 

H&S Code §40727.2 requires air districts to prepare a written analysis of all existing federal air 

pollution control requirements that apply to the same equipment or source type as the rule 

proposed for modification by the District. The FCAA requires that states with areas designated 

as nonattainment for ozone require emission statement data from sources of oxides of nitrogen 

and volatile organic compounds (VOCs) in the nonattainment areas, regardless of the 

classification. The proposed adoption of Rule 107 will formalize the request for, and collection 

of, emission statements pursuant to FCAA requirements. This is an administrative rule, and 

does not impose any pollution control requirements. Therefore the preparation of a written 

analysis of existing pollution control requirements that apply to the same equipment or source 

type is not required. 

C. ECONOMIC ANALYSIS 

1. General 

Proposed new Rule 107 will not have an adverse economic impact on the entities 

subject to the proposed rule. The AVAQMD currently requests and collects emission 

statements pursuant to reporting requirements. This rule simply formalizes the current 

procedure in rule format to meet the FCAA requirement. 

2. Incremental Cost Effectiveness 

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are 

required for rules and regulations which are adopted or amended to meet the California 

Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) 

or “all feasible measures” to control volatile compounds, oxides of nitrogen or oxides of 

sulfur. 
6 AVAQMD Rule 107 

Final Staff Report, 06/15/12

The proposed adoption of Rule 107 is not subject to incremental cost effectiveness 

calculations because this rule does not impose BARCT or “all feasible measures”. 

D. ENVIRONMENTAL ANALYSIS (CEQA) 

Through the process described below, it was determined that a Notice of Exemption would be 

the appropriate CEQA process for the proposed adoption of Rule 107. 

1. The proposed adoption of Rule 107 meets the CEQA definition of “project.” 

They are not “ministerial” actions. 

2. The proposed adoption of Rule 107 is exempt from CEQA review because this 

rule is administrative in nature, and there is no potential that the adoption might 

cause the release of additional air contaminants or create any adverse 

environmental impacts. Therefore, a Class 8 categorical exemption (14 Cal. 

Code Reg. §15308) applies. 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS 

1. Potential Environmental Impacts 

The proposed adoption of new Rule 107 does not have any potential impact because the 

rule is administrative in nature and specifies certification of documents and submission 

requirements of emissions statements. Therefore, this rule does not have any impact 

upon the emission of air contaminants. 

2. Mitigation of Impacts 

N/A 

3. Alternative Methods of Compliance 

N/A 

F. PUBLIC REVIEW 

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix B. 

VI. TECHNICAL DISCUSSION 

A. SOURCE DESCRIPTION 

Rule 107 applies to all official documents submitted to the District. All official documents 

shall contain a certification signed and dated by a responsible official of the company, which 

attests that the information contained in the submitted documents is accurate to the best 

knowledge of the individual certifying the submission. The District currently requires 

certification consistent with the proposed rule on documents submitted, including, but not 

limited to: permit applications; cancellation documents; response documents from the notice to 
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Final Staff Report, 06/15/12

comply and notice of violation compliance program; test reports; emission statements; and, 

submissions for the variance program. 

Rule 107 also requires the owner or operator of a stationary source that emits or may emit 

oxides of nitrogen and VOCs provide the APCO with a written statement showing the actual 

emissions of oxides of nitrogen and VOCs from that source, pursuant to the requirements of 

FCAA § 182 (a)(3)(B)(i). At a minimum, the emission statement shall be submitted as 

specified in the transaction format detailed in the CARB “California Emission Inventory 

Development and Reporting System.” The existing inventory program is consistent with the 

proposed rule, and no additional statements will be required as a result of the rule adoption. 

Any class of stationary sources which emit less than 25 tons per year of oxides of nitrogen or 

VOCs may be exempted from submitting an emission statement if the District provides CARB 

with an inventory of sources emitting greater than 10 tons per year of nitrogen oxides or VOCs. 

B. EMISSIONS 

Rule 107 is an administrative rule, and as such, will have no effect on emission or emission 

limits and will merely specify certification of documents and submission requirements of 

emissions statements. 

C. CONTROL REQUIREMENTS 

Rule 107 is an administrative rule specifying certification of submissions and submission 

requirements of emission statements. Rule 107 does not impose any control requirements. 

D. PROPOSED RULE SUMMARY 

This section gives a brief overview of proposed new Rule 107. 

Section (A) – Submission Certification 

All official documents shall contain a certification signed and dated by a responsible 

official of the company, which attests that the information contained in the submitted 

documents is accurate to the best knowledge of the individual certifying the submission. 

Section (B) – Emission Statement 

The owner or operator of a stationary source that emits or may emit oxides of nitrogen 

and VOCs provide the APCO with a written statement showing the actual emissions of 

oxides of nitrogen and VOCs from that source, pursuant to the requirements of FCAA § 

182 (a)(3)(B)(i). At a minimum, the emission statement shall be submitted as specified 

in the transaction format detailed in the CARB “California Emission Inventory 

Development and Reporting System 2.5 (CEIDARS2.5) Transaction Format,” 

September 1, 2005 found at http://www.arb.ca.gov/ei/drei/maintain/database.htm 
8 AVAQMD Rule 107 

Final Staff Report, 06/15/12

Any class of stationary sources which emit less than 25 tons per year of oxides of 

nitrogen or VOCs may be exempted from submitting an emission statement if the 

District provides CARB with an inventory of sources emitting greater than 10 tons per 

year of nitrogen oxides or VOCs. 

E. SIP HISTORY 

1. SIP History. 

Rule 107 is a new rule. 

2. SIP Analysis. 

The AVAQMD will request that CARV submit Rule 107 – Certification of Submissions 

and Emission Statements as a new rule for inclusion in the State Implementation Plan. 
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APPENDIX "A"

Rule 107 - Certification of Submissions and Emission Statements

Iterated Version 

The iterated version is provided so that the changes to an existing rule may be easily found. The manner 

of differentiating text is as follows: 

1. Underlined text identifies new or revised language. 

2. Lined out text identifies language which is being deleted. 

3. Normal text identifies the current language of the current rule which will remain unchanged by the 

adoption of the proposed amendments. 

4. Italicized text identifies explanatory material that is not part of the proposed language. 
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(Adopted mm/dd/yy) 

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RULE 1071

Certification of Submissions and Emission Statements 

(A) Submission Certification 

(1) All official documents submitted to the Antelope Valley Air Pollution Control District 

(District) shall contain a certification signed and dated by a responsible official of the 

company. This certification must attest that the information contained in the submitted 

documents is accurate to the best knowledge of the individual certifying the submission. 

The requirements of this Section apply to, but are not limited to, the emissions 

statements required in Section (B)(1). 

(B) Emission Statement 

(1) In accordance with the requirements of the 1990 Clean Air Act (Section 182 

(a)(3)(B)(i)), the owner or operator of any stationary source that emits or may emit 

oxides of nitrogen or Volatile Organic Compounds (VOCs) shall provide the Air 

Pollution Control Officer (APCO) with a written statement showing actual emissions of 

oxides of nitrogen and reactive organic compoundsVOCs from that source. At a 

minimum the emission statement shall be submitted as specified in the transaction 

format detailed in the California Air Resources Board’s “California Emission Inventory 

Development and Reporting System.” The emission statement shall contain emission 

data for the time period specified by the APCO. Emission statements shall be submitted 

annually. [Derived from 42 U.S.C. §7511a.] 

(2) The APCO may waive the requirements of Section (B)(1) for any class or category of 

stationary sources which emit less than 25 tons per year of oxides of nitrogen or reactive 

organic compounds. The waiver is contingent on the District providing the California 

Air Resources Board with an inventory of sources emitting greater than 10 tons per year 

of nitrogen oxides or VOCs based on the use of emission factors acceptable to the 

California Air Resources Board and the United States Environmental Protection 

Agency. [Derived from FCAA §182(a)(3)(B)(i). “USEPA” added in response to 

USEPA comment email of 04/19/12.]] 

See SIP Table at http://www.avaqmd.ca.gov/Modules/ShowDocument.aspx?documentid=921

 

1

 This Rule is derived from Mojave Desert Air Quality Management District Rule 107 as adopted 

09/17/92 unless otherwise noted. 
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APPENDIX "B" 

PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing – Antelope Valley Press, published April 2, 2012 
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APPENDIX "C" 

PUBLIC COMMENTS AND RESPONSES

1. Transmittal of ARB Staff Rule Review Comments, April 6, 2012 

2. Los Angeles County Sanitation Department email, April 12, 2012 

3. United States Environmental Protection Agency email, April 19, 2012 
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1. Comment Letter 1 
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1

2
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1. Key to Appendix “A” has been updated to properly reflect current conventions of 

differentiating new and amended rule text in draft rules. 

2. Appendix “E” bibliography updated to reflect complete document name and web address. 

1. District Response to Comment Letter 1 
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1

2

2. Comment email 2 
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1. Usage of term “reactive organic compounds” has been changed to VOC in section (B)(2) 

for consistency. 

2. The proposed rule language is derived from a very similar emissions statement rule adopted 

in the Mojave Desert AQMD in the 1990s. The clause in reference is a legacy of the state 

and local emissions inventory program from that era. In current practice as approved by the 

State of California, the District requires annual emission inventories from all major NOx 

and VOC sources (25 tons per year and greater), and many smaller sources (including some 

sources emitting less than 10 tons per year), often due to emissions other than NOx and 

VOC. There is no local, State or Federal clause or requirement limiting emissions 

inventories to 10 tons per year and more. 

2. District Response to Comment email 2 
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3. Comment email 3 

1 

2a 

3 

2b 
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1. This rule is intended to implement the requirements of the Federal Clean Air Act Section 

182(a)(3)(B). The AVAQMD currently requests and collects comprehensive emission 

statements including criteria and toxic air pollutants. This rule simply formalizes the current 

procedure in rule format to meet the FCAA requirement. 

2a. The District prepares and provides an Emission Inventory guideline with required submission 

information reflective of the CARB guidelines. 

2b. Currently, at the request of CARB, the AVAQMD requests CEIDARS reporting to be 

submitted by April 30. This submission date is subject to change, and the District does not 

wish to reopen the rule subject to changing submission date requirements. The District 

prepares and provides an Emission Inventory guideline with required submission dates 

reflective of the CARB guidelines. 

3. Section (B)(2) has been modified to read “...based on emission factors acceptable to the 

California Air Resources Board and the United States Environmental Protection Agency.” 

3. District Response to Comment email 3 
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APPENDIX "D" 

CALIFORNIA ENVIRONMENTAL QUALITY ACT 

DOCUMENTATION

1. Notice of Exemption – Los Angeles County 
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APPENDIX "E" 

BIBLIOGRAPHY

The following documents were consulted in the preparation of this staff report and the proposed 

adoption of new Rule 107: 

1. MDAQMD Rule 107 – Certification and Emission Statements, Adopted 09/14/92. 

2. 69 FR 29113, May 26, 2004 (MDAQMD, Proposed Rule) 

3. 69 FR 29880, May 26, 2004 (MDAQMD, Direct Final Rule) 

4. FCAA § 182 (a)(3)(B)(i) 

5. H&S Code, §§ 40702, 41511, 42303, 30607 and 44340 

6. California Emission Inventory Development and Reporting System 2.5 (CEIDARS2.5) 

Transaction Format, September 1, 2005 found at 

http://www.arb.ca.gov/ei/drei/maintain/database.htm
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