April 8, 2008 

Air Pollution Control Board 

800 South Victoria Avenue 

Ventura, CA 93009 

SUBJECT: PUBLIC HEARING TO ADOPT PROPOSED AMENDMENTS TO RULE 

74.29, SOIL DECONTAMINATION OPERATIONS, RULE 23, EXEMPTIONS 

FROM PERMIT, AND RULE 44, EXEMPTION EVALUATION FEE 

RECOMMENDED ACTIONS:

1. Approve CEQA Notice of Exemption for Proposed Amended Rule 74.29, Soil 

Decontamination Operations, Rule 23, Exemptions from Permit, and Rule 44, Exemption 

Evaluation Fee (Attachments 1, 2 and 3) 

2. Approve and adopt statutory findings related to Proposed Amended Rule 74.29, Soil 

Decontamination Operations, Rule 23, Exemptions from Permit, and Rule 44, Exemption 

Evaluation Fee (Attachments 4, 5 and 6). 

3. Approve and adopt proposed amendments to Rule 74.29, Soil Decontamination 

Operations, Rule 23, Exemptions from Permit, and Rule 44, Exemption Evaluation Fee 

(Attachments 7, 8 and 9). 

4. Direct the Clerk of the Board to forward two certified minute orders, and an affidavit of 

publication of the public hearing notice, for all proposed actions to the Air Pollution 

Control District. 

5. Direct Air Pollution Control Officer or his designee to file three Notices of Exemption 

pursuant to CEQA Guidelines Section 15062. 

FISCAL / MANDATES IMPACT:

Mandatory: Yes. Implements the provisions of Health and Safety Code section 40914(b)(2), 

"All Feasible Measures." 

Fiscal Impact: No impact; as proposed, revision to Rule 44 removes an exemption evaluation fee 

that is no longer required. 

STATEMENT OF MATTER FOR BOARD CONSIDERATION:
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April 8, 2008 

Background

Rule 74.29 was originally adopted on October 19, 1995, and revised on January 8, 2002. The 

rule applies to situations where gasoline, diesel fuel or jet fuel has leaked into soil. Usually, 

defective storage tanks or defective piping cause the leaks. The rule establishes procedures by 

which reactive organic compound (ROC) emissions are minimized during the aeration, treatment 

or removal of this petroleum fuel contaminated soil. 

In this revision, Rule 74.29 is being expanded to codify existing District policy requirements for 

the excavation, transportation, and handling of active and inactive petroleum fuel contaminated 

soil. The proposed amendments to Rule 74.29 are necessary because the District's Air Quality 

Management Plan is required to expeditiously implement "every feasible measure" to reduce 

ozone precursor emissions by at least 5 percent annually (including reactive organic compounds, 

or ROC) to attain the California ambient ozone standard. See Health and Safety Code 

§40914(b)(2). In addition, staff proposes to improve Rule 74.29 by clarifying language and 

adding definitions where necessary. 

Proposed Revisions

Revisions to Rule 74.29, Soil Decontamination Operations 

The main revisions to Rule 74.29 are summarized below: 

● Prohibit the aeration (on and off site) of soil containing gasoline, diesel fuel, or jet fuel, 

that emits reactive organic compounds (ROC), as measured by a certified organic vapor 

analyzer, in excess of 50 parts per million by volume (ppmv). In addition, a process for 

measuring ROC concentrations with a portable analyzer is added (Subsection B.1). 

● Prohibit excavation of an underground storage tank and/or transfer piping unless ROC 

emissions are monitored with a certified organic vapor analyzer at least once every 15 

minutes during the excavation period. Soil with emission measurements exceeding 50 

ppmv is considered contaminated. Provisions for the covering of inactive exposed 

contaminated soil is included (Subsection B.2). 

● Reword Subsection B.4 for clarity. 

● Amend Subsection B.5 to require notice for either storage tank or transfer piping 

excavation from any applicable storage tank operator. 

● Require that contaminated soil in active storage piles be kept visibly moist by water 

spray, treated with a vapor suppressant, or covered with continuous heavy duty (4 mils or 

greater) plastic sheeting or other covering. Similar requirements apply to inactive storage 

piles and excavated soil. Require the removal of contaminated soil within 30 days unless 

on-site treatment is initiated (Subsections B.6, B.7 & B.8). 

● Establish requirements for the transport of contaminated soil by truck (Subsection B.9). 
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April 8, 2008 

● Delete the exemption in Subsection C.2 for projects located further than 1,000 feet from 

the outer boundary of a school and with emissions of less than 200 pounds of ROCs per 

rolling twelve month period. This exemption has never been used. 

Revisions to Rule 23, Exemptions From Permit and Rule 44, Exemption Evaluation Fee 

As noted above, the exemption in Subsection C.2 of Rule 74.29 is proposed for deletion. As a 

result, Rule 23, Subsection F.23, must be revised to reflect the change. Also, it its proposed to 

revise the subsection to apply only to gasoline, diesel fuel and jet fuel. In addition, the fee in 

Rule 44, Subsection B.4, assessed to defray the cost of calculating compliance with the Rule 

74.29, Subsection C.2, exemption, is no longer necessary and is proposed for deletion. Finally, 

Rule 23, Subsection J.12, an exemption for nuclear activity, is being reworded and updated. 

Discussion

Throughout the rule, requirements for the use of an approved portable measurement device are 

being added. Certified organic vapor analyzers are subject to the provisions of EPA Method 21. 

Emission Reduction and Cost Effectiveness 

The proposed revisions to Rule 74.29 include requirements for the excavation, transportation, 

and handling of active and inactive soil. Most of the changes involve covering exposed 

contaminated soil. Because the concentration of ROC in contaminated soil varies considerably, 

emissions (and emission reductions) are difficult to predict. Staff estimates that an individual 

soil cleanup operation may take three years to complete and involve the destruction or treatment 

of a total of about 8,350 pounds of ROC (2,800 lb per year) per site. After making various 

assumptions, including an average of 36 decontamination sites per year, staff estimated that 50 

tons per year (tpy) of ROC will be reduced as a result of the proposed revisions to Rule 74.29. 

To determine cost effectiveness, the cost of plastic sheeting was estimated. Assuming that 

covers are changed four times a year, the total annual cost per site is $1,944. Assuming 36 sites 

per year, the total county-wide annual cost is $70,000. Therefore, the cost-effectiveness of 

covered piles is $1,400 per ton of ROC reduced. These results relate well to the District's Best 

Available Control Technology cost effectiveness threshold of $18,000 per ton of ROC reduced. 

Public Participation

Staff held a public workshop for the proposed revisions to Rule 74.29 on November 7, 2006. 

Section D was revised as a result of this meeting; additional information about the meeting is 

available on page 8 of the staff report. Written comments from the Boeing Company dated 

November 27, 2006, are addressed on pages 8 through 10 of the staff report. 

The Advisory Committee considered the rules on both January 23, 2007, and January 29, 2008. 

Staff considered suggestions from the 2007 meeting and revised the proposed revisions to Rule 

74.29. As a result, the Advisory Committee unanimously recommended adoption of proposed 

revisions to Rules 74.29, 23 and 44 at the 2008 meeting. 
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April 8, 2008 

PROPOSED FINDINGS:

Health and Safety Code Sections 40001(c), 40703, 40727, 40728.5 and 40920.6(a) direct that, 

prior to adopting the proposed revisions to Rule 74.29 and Rule 23, your Board adopt findings of 

necessity, authority, clarity, consistency, nonduplication, reference, cost-effectiveness, incremental cost-effectiveness, and socioeconomic impacts, based upon relevant information presented at 

the hearing. Health and Safety Code Section 40727.2 requires a written analysis, comparison, 

and consideration of existing air pollution regulations that apply to the same type of source. 

Therefore, if your Board approves the proposed revisions to Rule 74.29 and Rule 23, it is 

recommended that your Board also adopt the proposed findings set forth in Attachments 1 and 2. 

Health and Safety Code Section 40727 directs that, prior to adopting the proposed revision to 

Rule 44, your Board adopt findings of necessity, authority, clarity, consistency, nonduplication, 

and reference, based upon relevant information presented at the hearing. Therefore, if your 

Board approves the proposed revisions to Rule 44, it is recommended that your Board also adopt 

the proposed findings set forth in Attachment 3. 

The proposed revisions to Rule 74.29 have been determined to be categorically exempt from the 

requirements of the California Environmental Quality Act (CEQA) under Sections 15307 

(Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by 

Regulatory Agencies for Protection of the Environment) of the CEQA Guidelines. A Notice of 

Exemption with respect to this CEQA exemption is included as Attachment 4. 

Proposed revisions to Rule 23 and Rule 44 have been determined to be exempt from the 

requirements of the California Environmental Quality Act (CEQA) pursuant to Section 

15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no 

possibility that this change may have a significant effect on the environment. A Notice of 

Exemption with respect to this CEQA exemption is included as Attachments 5 and 6. 

This proposal has been reviewed by County Counsel. If you have any questions, please contact 

me at 645-1440 or Don Price at 645-1407. 

MICHAEL VILLEGAS 

Air Pollution Control Officer 

Attachments: 

 1. Proposed CEQA Notice of Exemption - Rule 74.29 

 2. Proposed CEQA Notice of Exemption - Rule 23 

 3. Proposed CEQA Notice of Exemption - Rule 44 

 4. Proposed Legislative Findings – Rule 74.29 

 5. Proposed Legislative Findings – Rule 23 

 6. Proposed Legislative Findings – Rule 24 

 7. Proposed Rule 74.29 (strikeout/underline, 2/29/08) 
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April 8, 2008 

 8. Proposed Rule 74.29 (clean version, 2/29/08) 

 9. Proposed Rule 23 (strikeout/underline, 1/18/07) 

 10. Proposed Rule 44 (strikeout/underline, 12/6/06) 

 11. Final Staff Report (2/29/08) 

 12. Advisory Committee Voting Record (1/23/07) 

 13. Advisory Committee Voting Record (1/29/08)