# Antelope Valley Air Quality Management District

Final 

# Staff Report

Amendment of



# Rule 7 01

– Air Pollution Emergency Contingency

Actions

A dopt ed on May 20 , 2014

43301 D IVISION 

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### 206,

L ANCASTER



### , C ALIFORNIA 

### 93535

- 4649

P HONE 

### (661) 723

- 8070

FAX (661) 723

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### STAFF REPORT

TABLE OF CONTENTS

Rule 701

– Air Pollution Emergency Contingency Actions

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 F indings Required for Adoption of Rules & Regulations

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

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

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

c. Clari ty

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

................................ ................................ .......................... 3 e. Nonduplication

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

f. Reference

................................ ................................ .............................. 3 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. Gen eral

................................ ................................ ................................ ............. 5

2. Incremental Cost Effectiveness

................................ ................................ ...... 5

D. ENVIRONMENTAL ANALYSIS (CEQA)

................................ ................................ .. 5

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

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

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

................................ ................................ ...................... 6 3. Alternative Methods of Compliance

................................ ................................ 6

AVAQMD Rule 701 TC

- 1

Fina l Staff Report 0 8 / 21 /14F. PUBLIC REVIEW

................................ ................................ ................................ .......... 6

VI. TECHNICAL DISCUSSION

................................ ................................ ............................... 6

A. SOURCE DESCRIPTION

................................ ................................ ............................. 6

B. EMISSIONS

................................ ................................ ................................ ................... 6

C. CONTROL REQUIREMENTS

................................ ................................ ..................... 6

D. PROPOSED RULE SUMMARY

................................ ................................ .................. 7

E. SIP HISTORY

................................ ................................ ................................ ................ 7 1. SIP History

................................ ................................ ................................ ....... 7 2. SIP Analysis

................................ ................................ ................................ ..... 8

Appendix A

– Rule 701 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

TC

- 2 AVAQMD Rule 701

Final Staff Report , 0 8 / 21 /14

### STAFF REPORT

Rule 701

- Air Pollution Emergency Contingency Actions

I. PURPOSE OF STAFF REP ORT

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 t he 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 o f the approval or adoption of the document.

II. EXECUTIVE SUMMARY

The Antelope Valley Air Pollution Control District (AVAPCD) was created by statute on July 1, 1997, with a jurisdiction of the Los Angeles County por tion of the South Coast Air Quality Management District (SCAQMD) that was not within the South Coast Air Basin. SCAQMD rules in effect in the AVAPCD remained in effect until the AVAPCD Governing Board superseded or amended them. On January 1, 2002 the AV AQMD was formed pursuant to statute (Health & Safety Code §§41300 et seq.) to replace the AVAPCD. The rules of the AVAPCD also remain in effect until the AVAQMD Governing Board supersedes or amends them

.

The proposed amendments to Rule 701 Air Pollution Emergency Contingency Actions will provide administrative cleanup of this rule by repl acing out

- of

- date references, updating rule format and adjusting Episode Criteria for PM.

This action was previously noticed by publication December 20

, 2013 but no action was taken. This item was noticed again for the April 15, 2014 Governing Board meeting. The Governing Board did not take action on this item and deferred it to the next regularly scheduled meeting of May 20, 2014.

III. STAFF RECOMMENDATION

Staff recommends that the Governing Board of the AVAQMD adopt, after conducting a public hearing, a resolution approving amendments to Rule 701 Air Pollution Emergency Contingency

Actions. The proposed amendments are administrative in nature and such action is necessary to provide current terminology, formatting , and adjusting Episode Criteria for PM

.

The Governing Board of the AVAQMD amended Rule 701 Air Pollution Emergency Contingency

Actions on May 20, 2014.

AVAQMD Rule 701 1

Final Staff Report 0 8 / 21 /14IV. LEGAL REQUIREMENTS C HECKLIST

The findings and analysis as indicated below are required for the procedurally correct amendment to

Rule 701

- Air Pollution Emergency Contingency Actions

. 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 Nonduplication

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

A NALYSIS (RULES & REGULATIONS ONLY):

X Environmental impacts of compliance.

N/A Mitigation of impacts.

N/A Alternative methods of compliance.

OTHER:

X Written analysis of existing air pollution control requirements

X Economic Analysis

X Public Review

2 AVAQMD Rule 701

Fi na l Staff Report

, 0 8 / 21 /14V. DISCUSSION OF LEGAL REQUIREMENTS

A. REQUIRED ELEMENTS/FI NDINGS

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

amendment to Rule 701

. These are actions, that need to be performed, and/or inform ation, 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, amend ing, or repealing a rule or regulation, the AVAQMD Governing Board is required to make findings of necessity, autho rity, clarity, consistency,

non duplication, and reference based upon relevant information presented at the hearing.

The information below is provided to assist the Board in making these findings.

a. Necessity:

The amendment to Rule 701 Air Pollution Emergency Contingency Actions provide s administrative cleanup of this rule by repl acing out

- of

- date references, upda ting rule format and adjusting Episode Criteria for PM.

b. Authority:

AVAQMD has the authority pursuant to California Health and Safety Code (H & S Code) §40702 to adopt, amend or repeal rules and regulations.

c. Clarity:

The amendment is clear in that they are written so that the persons subject to the Rule can easily understand the meaning.

d. Consistency:

The amendment t o Rule 701 is in harmony with, and not in conflict with or contradictory to, any s tate law or regulation, federal law or regulation, or court

decisions because the amendment will provide administrative clean

- up of this

rul e by replacing out

- of

- date references, updating rule formatting and adjusting Episode Criteria for PM

.

e. Nonduplication:

The amendment to Rule 701 do es not impose the same requirements as an existing s tate or federal law or regulati on.

f. Reference:

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

.
AVAQMD Rule 701 3

Final Staff Report, 0 8 / 21 /14g. Public Notice & Comment, Public Hearing:

This action was previously noticed by publication December 20

, 2013 but no

action was taken.

Notice for the public hearing for the proposed amendment to Rule 701 was published March 14, 2014 for the April 15, 2014 meeting

. The Governing Board did not take action on this item and deferred it to the next regularly scheduled meeting of May 20, 2014. 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 va rious 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

amendment to R ule 701 and how they were satisfied.

a. Satisfaction of Underlying Federal Requirements:

The adoption of the amendment to Rule 701 is subject to all the requirements for

a SIP submittal be cause this rule is in the SIP.

b. Public Notice and Comment:

This action was previously noticed by publication December 20, 2013 but no

action was taken.

Notice for the public hearing for the proposed amendment to Rule 701 was published March 14, 2014 for the April 15, 2014 meeting

. The Governing Board did not take action on this item and deferred it to the next regularly scheduled meeting of May 20, 2014. See Appendix “B” for a copy of the public notice.

c. Availability of Document:

Copies of the proposed amendment to Rule 701 and the accompanying draft staff

report was made available to the public on or before March 3, 2014

.

d. Notice to Specified Entities

Copies of the proposed amendment to Rule 701 and the accompanying draft

staf f report was mailed to all affected agencies, including but not limited to

CARB and USEPA.

e. Public Hearing:

This action was previously noticed by publication December 20, 2013 but no

action was taken.

4 AVAQMD Rule 701

Final Staff Report , 0 8 / 21 /14A public hearing t o consider the proposed amendment to Rule 701 was set for April 15 , 2014

. The Governing Board did not take action on this item and deferred it to the next regularly scheduled meeting of May 20, 2014.

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 exe cute 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 foll owed. 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 REQUIREMENT S

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 proposed amendment to Rule 701 is

administrative in nature . 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

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.

The proposed amendment to Rule 701 is not subject to incremental cost effectiveness

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

D. ENVIRONMENTAL ANALYS IS (CEQA)

AVAQMD Rule 701 5

Final Staff Report, 0 8 / 21 /14Through the process described below, it was determined that a Notice of Exemption would be the appropriate C EQA process for the proposed amendment to Rule 701

.

1. The proposed amendment to Rule 701 meet s the CEQ A definition of "project." They are not "ministerial" actions.

2. The proposed amendment to Rule 701 is exempt from CEQA review because it

is administrative in nature , and there is no potential that the amendments 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 amendments to Rule 701 are administrative in nature. No environmental impacts are anticipated from the p roposed amendments hence no analysis of mitigation measures or alternative methods of compliance are necessary.

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

This rule specifies the measures to be taken during air pollution episodes. The proposed

amendments to Rule 701 are administrative in nature and will have no effect on sources within

the District.

B. EMISSIONS

The proposed amendment to Rule 701 does not cause the release of additional air contaminants or create any adverse environmental impacts.

C. CONTROL REQUIREMENTS

The proposed amendment to rule 701 does not require the imposition of control requirements.

6 AVAQMD Rule 701

Final Staff Report , 0 8 / 21 /14D. PROPOSED RULE SUMMAR Y

The proposed amendments to Rule 701 Air Pollution Emergency Contingency Actions will provide administrative cleanup of this rule by replacing out

- of

- d ate references, updating rule format and adjusting Episode Criteria for PM.

E. SIP HISTORY

1. SIP History.

The jurisdiction of the current AVAQMD covers the area of Los Angeles County that is

n ot within the South Coast Air Basin (SCAB). This area commonly known as the Antelope Valley has been governed by a variety of local air districts most, if not all, of which have made State Implementation Plan (SIP) submittals.

Prior to 1975 the area wa s under the jurisdiction of the Los Angeles County APCD (Old LACAPCD) that had a jurisdiction covering the entire Los Angeles County. The Old LACAPCD adopted the original rules and regulations for the area. In 1975 the Boards of Supervisors of Los Angele s, Orange, Riverside and San Bernardino Counties entered into a Joint Powers Agreement creating the Southern California Air Pollution Control District (SoCalAPCD) that had a jurisdiction consisting of the entirety of all four

counties. The SoCalAPCD inher ited the existing rule books of the existing county APCD’s. The SoCalAPCD amended these rules and then made a variety of SIP submissions, including many of the initial submissions for the area now under the jurisdiction of the AVAQMD. On February 1, 19 7 7 the South Coast Air Quality Management District (SCAQMD) was formed pursuant to statute (Cal. Stats. 1976 Ch. 234 pg. 815) . The SCAQMD’s original jurisdiction only included areas within the

SCAB. The rules in effect in the SoCalAPCD became the initial rules of the SCAQMD. For areas not within the SCAB

, the California Air Resources Board (CARB) adopted the SoCalAPCD rule book with minor amendments via Executive

Order G

- 73 and submitted it on June 6, 1977 as a SIP revision under the name of the Los Angel es County APCD (LACAPCD). In 1978 the legislation creating SCAQMD

was amended to allow the non

- SCAB areas of Los Angeles, Riverside and San Bernardino Counties to “opt in” to the SCAQMD. Los Angeles County did so and thus the Antelope Valley area became a part of SCAQMD. SCAQMD made a variety of SIP submissions that were effective within the Antelope Valley region.

On July 1, 1997 the AVAPCD was formed, pursuant to statute (former Health & Safety Code §40106, Ch. 542 Stats. 1996), with a jurisdiction o f the Los Angeles County portion of SCAQMD that was not within the SCAB. The SCAQMD rules in effect in the AVAPCD remained in effect until the AVAPCD Governing Board superseded or amended them. On January 1, 2002 the AVAQMD was formed pursuant to statute to replace the AVAPCD (Health & Safety Code §§41300 et seq.). The rules of the AVAPCD remained in effect until the AVAQMD Governing Board superseded or amended them. Any rules that were approved into the SIP which were approved for a

AVAQMD Rule 701 7

Final Staff Report, 0 8 / 21 /14predecessor agency and effective within the current jurisdiction of the AVAQMD are therefore part of the SIP for the AVAQMD.

Rule 701 was originally adopted on May 6, 1 977 by the SCAQMD and subsequently

amended on June 2, 1978, April 4, 1980, July 7, 1982, September 8, 1995, and June 13, 1997. The AVAPCD amended Rule 701 on January 20, 1998 and July 18, 2000. The amendment adopted on July 18, 2000 and approved March 7, 2003 (68 FR 10966 ) is the rule version that is in the SIP for AVAPCD and the AVAQMD thereafter

.

2. SIP Analysis.

The amendments to R ule 701 are primarily procedural in nature. They are intended to revise terminology to re flect the current name, status and structure of the AVAQMD.

The amendment will also adjust Episode Criteria for PM. T he AVAQMD will request

that the amendment to Rule 70 1 b e submitted as a SIP revision

.

8 AVAQMD Rule 701

Final Staff Report , 0 8 / 21 /14

### APPENDIX "A"

Rule 701

- Air Pollution Emergency Contingency Actions

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.

AVAQMD Rule 701 A

- 1

Final Staff Report , 0 8 / 21 /14This page intentionally left blank.

A

- 2 AVAQMD Rule 701

Final Staff Report , 0 8 / 21 /14( Adopted: 5/6/77; Amended: 6/2/78; Amended: 4/4/80;

Amended: 7/9/82; Amended: 9/8/95; Amended: 6/13/97; Amended:
1/20/98; Amended: 07/18/00: Amended xx/dd/yy)



## RULE 701 Air Pollution Emergency Contingency Actions

(A) General

(1) Purpose The purpose of this rule is to: [updated to current rule format throughout ]

(a) The purpose of this rule is to:

( a i ) D d efine air pollution Episode criteria;

( b ii ) P p rovide for Episode notification to the public;

( c iii ) R r ecommend precautionary actions to be taken during Episodes; and

( d iv ) P p revent or reduce the severity of Episodes.

(2) Applicability

(a) This rule shall apply to all persons within the jurisdi ction of Antelope Valley Air

Pollution Control Di strict (AVAPCD) Quality Management District (AVAQMD) and shall also specify the measures to be taken by AVA QMD PCD during air pollution Episodes

. [ Amends the incorrect reference to the Antelope Valley Air Pollution Control District and replaces it with Antelope Valley Air Quality Management District ; this change will be made throughout the rule ]



### (B) Definitions

For the purpose of this rule, the foll owing definitions apply:

(1) “Air Contaminant or Air Pollutant”

- A a ny discharge, release, or other propagation into the atmosphere and includes, but is not limited to, smoke, charred paper, dust, soot, grime, carbon, fumes, gases, odors, particulate matte r, acids or any combination thereof.

(2) “Air Pollution Control Officer” (APCO)

– T t he person appointed to the position of Air

Pollution Control Officer of AVA QMD PCD pursuant to the provisions of California Health & Safety Code §40750, and his or her desig nee.

(3) “Air Quality Index” (AQI)

- T t he uniform reporting system established by the U.S. Environmental Protection Agency (USEPA) to make air pollution reports more easily

AVAQMD Rule 701 701

- 1

Air Pollution Emergency Episodes

D2a 04/03/14understood by the public. The AQI simplifies information by converting units of air pollution measurement into a uniform scale from 0 to 500.

(4) “Declared Episode”

- e xists whenever the APCO determines:

(a) that any of the applicable Episode criteria levels specified in this rule have been attained

or,

(b) that it is likely that any of the applicable Episode criteria levels specified in this rule is imminent to be attained that day.

( 4 5 ) “Child Day Care Facility”

- A a State licensed child day care, pre

- school, or after

- school

program.

(5) “Declared Episode”

- Exists whenever the APCO det ermines:

(a) T hat any of the applicable Episode criteria levels specified in this rule have been attained ; or

(b) T hat it is likely that any of the applicable Episode criteria levels specified in this rule is imminent to be attained that day. [Corrected al phabetization]

(6) “Electric Power Generating System”

- A a ll boiler and approved alternative resources owned or operated by, and approved alternative resources and replacement units under contract to sell power to, any one of the following: Southern Califo rnia Edison, Los Angeles Department of Water and Power, or any of their successors.

(7) “Employee”

– A a ny person employed by a person(s), firm, business, educational institution, non

- profit agency or corporation, government or other entity. The term exempts seasonal employees, temporary employees, volunteers, field personnel, field construction workers, and independent contractors.

(8) “Episodes”

- T t he intermediate levels between the National Ambient Air Quality Standard and the Level of Significant Harm for Air Pollutants at which some pollution abatement or health notification action must be taken. The applicable Episode criteria, by pollutant and averaging period established by the USEPA and the California Air Pollution Emergency Plan, are presente d in Attachment 2.

(9) “ Essential Public Service ” :

(a) A a sewage treatment facility which is publicly owned and operated consistent with an approved regional growth plan;

(b) A a prison;

(c) P p olice or fire fighting operations;

701

- 2 AVAQMD Rule 701 Air Pollution Emergency Episodes

D2a 04/03/14(d) Schools, hospitals, or ambulance operations;

(e) C c onstruction and operation of a landfill gas control or processing facility;

(f) W w ater delivery operations;

(g) P p ublic or private utility operations responding to public emergencies or utility outages, excluding routine mainten ance,

(h) P p ublic transit; or

(i) U.S. Postal Service Operations.

(10) “Fleet Vehicles”

- M m otor vehicles as defined by the Motor Vehicle Code Division 1, Section 415 of the State of California Vehicle Code and operated from one business

address.

(11) “Fo rce Majeure Natural Gas Curtailment”

- A a n interruption in natural gas service due to unforeseeable failure, malfunction, or natural disaster, not resulting from an intentional or negligent act or omission on the part of the owner or operator of a boiler, or a supply restriction resulting from California Public Utility Commission (CPUC) priority allocation system of CPUC Rule 23, such that the daily fuel needs of a boiler cannot be met with the natural gas available.

(12) “News Media”

- T t he written press, television, radio, and other mass media of

communication such as on

- line computer information services.

(13) “Outdoor Activity Curtailment Actions”

- M m easures, as presented in Attachment 1, to reduce outdoor activities by children during periods when air quality exceeds the Health Advisory Episode level for ozone or the Stage 1 Episode for all other pollutants for

which E e pisode criteria are defined.

(14) “Predicted Episode”

- E e xists whenever the APCO determines that it is likely that any

of the E e pisode levels specified in this Rule will be reached during the following day.

(15) “School”

- P p ublic and private educational institutions for children ranging from grades Kindergarten through 12.

(16) “Upset of Production”

- A a situation in which the process th roughput or production rate is reduced by more than 20 percent of normal daily operations as a direct result of reducing emissions in order to comply with this regulation for Stage 2 or Stage 3 Episodes.

(17) “Volatile Organic Compound” (VOC)

– Any compoun d of carbon which may participate in such atmospheric photochemical reactions and contribute to the formation of photochemical smog, excluding carbon monoxide, carbon dioxide, carbonic acid,

AVAQMD Rule 701 701

- 3
Air Pollution Emergency Episodes

D2a 04/03/14metallic carbides or carbonates, ammonium carbonate and those exe mpt compounds listed in 40 CFR 51.100(s)(1).

(18) “Wildland Vegetative Management Burning”

- T t he use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly c overed with chaparral, trees, grass or standing brush as defined by Title 17, California Administrative Code, Section 80100.



### (C) Facility Requirements

(1) The following actions are required for the owner or operator of any facility which has

actual emissio ns of 91 metric tons (100 tons) or more per year of either VOCs, oxides of nitrogen (NO

x ), or oxides of sulfur (SO

x ), and are encouraged for all other emitters of these pollutants:

(a) Upon notification of a predicted Stage 2 or Stage 3 E e pisode either fro m the APCO or via the News Media, reduce combined emissions for VOCs, NO

x , and

SO

x , by at least 20 percent of normal weekday operations.

(b) Upon notification by the APCO of the declaration of an air pollution state of emergency by the Governor, take the a pplicable actions which the Governor requires.

(2) The following actions are required for any facility having 100 or more Employees:

(a) Upon notification of a predicted Stage 2 or 3 Episode either from the APCO or via the News Media, post at least one sig n in a conspicuous place designating the Predicted Episode stage and requesting ridesharing and telecommuting.

(b) Upon notification of a predicted Stage 2 or Stage 3 E e pisode either from the APCO or via the News Media, reduce Fleet Vehicle miles traveled by at least 20 percent of normal week day operations.

(c) Upon notification by the APCO of the declaration of an air pollution state of emergency by the Governor, take the applicable actions which the Governor requires.

(3) All facilities subject to subsec tions (C)(1) or (C)(2) are encouraged to develop and maintain an internal plan to meet the specified requirements.

(4) Upon a predicted Stage 2 or Stage 3 Episode, an owner or facility shall maintain a log of the actions taken to meet the requirements in s ubsections (C)(1) or (C)(2).

701

- 4 AVAQMD Rule 701 Air Pollution Emergency Episodes

D2a 04/03/14(5) Facilities required to implement Stage 2 or Stage 3 actions shall implement such actions by at least just after midnight (00:01 hours standard time) or upon commencement of normal business hours on the day for which an Epis ode is predicted.

(6) Liquid or solid fossil fuel shall not be burned in Electric Power Generating Systems on predicted or declared Stage 2 or Stage 3 E e pisode days of ozone, sulfur dioxide, sulfur dioxide plus ozone, or sulfates in combination with ozone unless a Force Majeure

Natural Gas Curtailment is in effect.



### (D) AVA QMD PCD Requirements

(1) Measurements

(a) The APCO shall maintain air monitoring stations throughout AVA QMD PCD so that air quality can be monitored on a continuous basis and air pollution

E pisodes can be measured and predicted. Air quality information will be reported daily using the AQI.

(2) Episode Notifications by the APCO

(a) The APCO shall notify the California Air Resources Board and the News Media (e.g. those media in each county det ermined to be most likely to result in widespread public knowledge) whenever an E e pisode is predicted, declared, or

terminated.

(b) The APCO may notify directly or shall otherwise rely on the News Media to disseminate to the following whenever an E e pisode is predicted, declared, or

terminated:

(i) School officials; (ii) Local and state law enforcement agencies; (iii) Public safety personnel who have responsibilities for or interest in air pollution control; (iv) All facilities or activities subject to subse ctions paragraphs (C)(1) or (C)(2).

(c) The APCO shall announce the prediction of an Episode not later than 2:00 pm (4:30 pm for sulfate portion of ozone/sulfate Episode) of the day before the Episode is predicted to occur.

(d) A declared or Predicted Epis ode shall be terminated whenever the Air Contaminant which caused the Episode has been verified by the APCO to be below the applicable Episode criteria set forth for the calling of such Episode and the available scientific and meteorological data indicate that the concentration of such Air Contaminant will not likely increase again within the next hour so as to reach the previously attained Episode.

AVAQMD Rule 701 701

- 5
Air Pollution Emergency Episodes

D2a 04/03/14(e) The notice of an Episode shall include the following:

(i) Stage level and predicted duration. (ii) The af fected source and receptor areas. (iii) Air Contaminants for which the E e pisode is declared. (iv) The AQI value for the Air Pollutant with the highest predicted or actual AQI reading and associated health message.

(3) Upon the declaration of any Predicted or attained Episode, the APCO shall take the following actions:

(a) For Ozone Health Advisories Only:

(i) Recommend as part of the notification required by subsection (D)(2) that Schools and Child Day Care Facilities take the actions specified in

Attachme nt 1, paragraph (b); (ii) Recommend as part of the notification required by subsection (D)(2) to the public that individuals with special health problems follow the precautions recommended by their physicians or health officials; (iii) By means of a teleph one recorded message, notify members of the public

who contact the AVA QMD PCD

.

(b) For Stage 1 Episodes:

(i) Recommend as part of the notification required by subsection (D)(2) that Schools and Child Day Care Facilities take the actions specified in

Attach ment 1, paragraph (c); (ii) Take the actions specified in subsections (D)(3)(a)(ii) and (iii); (iii) Encourage the public to reduce unnecessary driving; (iv) Encourage the public to ride share; (v) Encourage employers to limit the amount of time their E e mployees work outdoors to the degree practicable.

(c) For Stage 2 and Stage 3 Episodes:

(i) Recommend as part of the notification required by subsection (D)(2) that Schools and Child Day Care Facilities take the actions specified in Attachment 1, parag raph (d); (ii) Take the actions specified in subsections (D)(3)(b)(ii) through (v); (iii) Within the receptor area(s) of the Episode:

a. Recommend the suspension of programs which involve the physical exertion by participants using public parks or publi c recreation facilities;

b. Recommend that all non

- emergency driving be discontinued as soon as possible.

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D2a 04/03/14(iv) The APCO shall implement source inspections upon a Predicted Episode.



### (E) Special Actions for Wildland Vegetative Management Burning

(1) Upon d eclaration of any predicted Stage 2 or Stage 3 Episode, all Wildland Vegetative Management Burning is prohibited.

(2) Upon the declaration of any attained Stage 2 or Stage 3 E e pisode, all Wildland Vegetative Management Burning, if already ignited, shall be terminated.



### (F) Interdistrict Coordination

Upon request of an air pollution control officer in an adjoining air basin for action to abate Stage 2 or Stage 3 Episodes occurri ng within that district, the APCO shall make a determination, and if the need for action is confirmed, direct the implementation of the actions required in this Rule for any significant source area identified within the District which

contributes to the on going Episode in the adjoining district. Sources in that area shall comply as though an Episode has been declared in their area.



### (G) Exemptions

(1) Percentage emissions reductions or percentage reductions in vehicle miles traveled lower than those specifi ed in section (C) shall be allowed by the APCO:

(a) I i f the facility submits a letter to the APCO, not later than 30 days following a predicted Stage 2 or Stage 3 Episode, demonstrating at least one of the following

conditions:

(i) T t hat meeting the stated percentage reductions jeopardizes public health or safety, (ii) T t hat meeting the stated percentage reductions damages equipment or creates an Upset of Production, or

(b) t T he facility or activity is an Essential Public Service.

(2) Buses, commuter van pool vehicles or other vehicles, used exclusively for multi

passenger commuting between home and the place of work or School are excluded from the Fleet Vehicle reduction provisions of subsection (C)(2)(b).

Programs that include adult participants in sche duled athletic events with paid attendance are exempted from subsection (D)(3)(c)(iii)a..

[SIP: Approved 03/07/03 68 FR 10966, 52.220(c)(285)(i)(D)(1); Approved 3/18/99, 64 FR 13351, 40 CFR 52.220(c)(256)(i)(D)(1); Approved 9/16/97, 62 FR 48483, 40 CFR 52.220(c)(229)(i)(A)(2);

AVAQMD Rule 701 701

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Air Pollution Emergency Episodes

D2a 04/03/14Approved 6/3/80, 45 FR 37428, 40 CFR 52.220(c)(39)(iii)(E); Approved ________, ________, 40 CFR 52.220(c)(38)(i)]

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

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### ATTACHMENT 1

OUTDOOR AC TIVITY CURTAILMENT ACTIONS

State and federal guidance identifies the following actions that Schools and Child Day Care Facilities can take to curtail outdoor activities to reduce or minimize children's exposure to air pollution:

(a) For periods of unhea lthful air quality (exceeding the federal clean air standards):

(1) Susceptible individuals, e.g. children with heart or lung disease: Minimize outdoor activity.

(2) Healthy individuals with a noticeable adverse health response to existing conditions: Minimize outdoor activity.

(b) For Health Advi sory Episodes (applies only to O o zone and PM 2.5 ): [Clarification added pursuant to EPA letter dated 04/02/14] (1) All children: Discontinue prolonged, vigorous outdoor exercise lasting longer than one hour.

(2) Susceptible persons, such as those with heart or lung disease: Avoid outdoor activity.

(3) Examples of the kinds of outdoor activities that should be avoided are calisthenics, basketball, running, soccer, football, tennis, swimming laps, water polo.

(c) For Stage 1 Episodes:

(1) All children: Discontinue all vigorous outdoor activities regardless of duration.

(2) Outdoor physical education (PE) classes, sports practices, and athletic competitions

should be re

- scheduled or canceled if practicable.

(d) For Stage 2 or Stage 3 Episodes:

(1) All children:

Discontinue all outdoor activities.

AVAQMD Rule 701 701

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### ATTACHMENT 2

EPISODE CRITERIA

For the purpose of Rule 701, the following E e pisode criteria shall apply:

Air Contaminant Averaging

Time Health Advisory Stage

1 Stage

2 Stage

3

Ozone 1 Hour 0.15 ppm 0.20 ppm 0.35 ppm 0.50 ppm

Ozone, In Combination w / ith Sulfur

Dioxide 1 Hour 0.20 ppm* 0.35 ppm* 0.50 ppm*

Carbon Monoxide 1 Hour 40 ppm 75 ppm 100 ppm**

8 Hours*** 15 ppm 30 ppm 40 ppm

Sulfur Dioxide 1 Hour 0.5 ppm 1.0 ppm 2.0 ppm

24 Hours*** 0.2 ppm 0.6 ppm 0.8 ppm

Sulfate, in Combination with Ozone 24 Hours*** (Sulfate) 25 ug/m 3

1 Hour (Ozone) 0.20 ppm

Nitrogen Dioxide 1 Hour 0.6 ppm 1.2 ppm 1.6 ppm

24 Hours*** 0.15 ppm 0.3 ppm 0.4 ppm

Fine Particulate Matter (PM 2.5 10 ) 24 Hours*** 35.5

μ g/m 3 350 ug/m 3

55.5 μg/m 3 420 ug/m 3

150.5 μg/m 3 500 ug/m 3 250.

5 μg/m 3

* These levels shall apply when the ozone concentration and the sulfur dioxide concentration each exceeds 0.10 ppm, one

- hour average, and shall be determined by adding the ozone and sulfur dioxide concentration.** For one hour and predicted to persist for one additional clock hour. *** Averaging

t ime is based on a running clock hourly average

. (Updated to comply with recommendation from Patrick Au, ARB comment letter dated 12/16/2013)

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### APPENDIX "B"

PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing

– Antelope Valley Press , March 14, 2014

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### APPENDIX "C"

PUBLIC COMMENTS AND RESPONSES

1. ARB Staff Rule Review Comments, December 16, 2013

2. ARB Staff Rule Review Comment, March 19, 2014

3. US EPA Region IX Rule Review Comment, April 2 , 2014

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Final Staff Report , 0 8 / 21 /141. The district originally chose to amend AV Rule 701 at the January 21, 2014 Governing Board meeting. This action was published on December 20, 2013. The District took no action at the time on the proposed amendment. After further review, the District has decided to incorporate the ARB

comment into the Rule and proceed with the amendment. Attachment 2 has been modified to reflect the PM criteria as developed by OEHHA and others for the Wildfire Smoke Guide.

1. District response to ARB Staff Rule Review Comments

AVAQMD Rule 701 C

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Final Staff Report , 0 8 / 21 /142. No response necessary. 2. District response to ARB Staff Rule Review Comments

AVAQMD Rule 701 C

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, 0 8 / 21 /14From: Steckel, Andrew

Sent: Wednesday, April 02, 2014 6:04 PM

To: eheaston@mdaqmd.ca.gov ; Mike Guzzetta

Cc: Drake, Kerry; Law, Nicole Subject: EPA comment on Antelope Rule 701

United States Environmental Protection Agency Region IX

75 Hawthorne Street San Francisco, CA 94105

- 3901

April 02, 2014

Transmittal of EPA Rule Review Comments

To: Eldon Heaston, Antelope Valley Air Quality Management District; eheaston@mdaqmd.ca.gov

Mike Guzzetta, California Air Resources Board mguzzett@arb.ca.gov

Fr om: Andrew Steckel, Rulemaking Office Chief steckel.andrew@epa.gov

Re: Draft Rule 701, Air Pollution Emergency Contingency Actions, dated February 12, 2014

We are providing comments based on our preliminary review of the draft rule identified above. We support the District's efforts to update the rule and lower the thresholds for episode criteria for particulate matter. Please direct any questions about our comments to me at (415) 947

- 4115 or to Nicole Law at (415) 947

- 4126.

- In Attachment 1 to the Rule on page 701

- 9, paragraph (b) should be edited to read that the health advisory

episode applies only to Ozone and PM2.5 since the District is introducing a health advisory level for PM2. 5 in Attachment 2 Episode Criteria.

Saved as draft: 03/25/2014 03:15 PM

Submitted for review: 04/02/2014 04:46 PM Review Completed/Ltr sent out: 04/02/2014 05:54 PM

Reviewer: Nicole Law 3. US EPA Region IX Rule Review Comment

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Final Staff Report , 0 8 / 21 /14

### 1

. After further review, the District has decided to incorporate the US EPA comment into the Rule and proceed with the amendment. Attachment 1 has been modified to reflect the requested

clarification in paragraph (b)

. 3. District Response to US EPA Region IX

Comment Letter

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### APPENDIX "D" CALIFORNIA ENVIRONMENTAL QUALITY ACT

DOCUMENTATION
(to be included as available)

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

amendment to Rule 701 :

1. 

### United States Environmental Protection Agency Air Division Technical Support Document, August 2002

2. Office of Environmental Health and Hazards Ass essment (OEHHA) and others for the Wildfire Smoke Guide, http://oehha.ca.gov/air/risk_assess/wildfirev8.pdf

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