6_Rule 433 CHSC Analysis.docx 1 

 

GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT

157 Short Street, Bishop, California 93514-3537

760-872-8211 Fax: 760-872-6109

Analysis of Proposed District Rule 433 Under CH&SC § 40727.2 (a) 

February 5, 2016 

Duane Ono

When adopting new rules, California Health and Safety Code §40727.2(a) requires an analysis of 

existing requirements applicable to the same source or equipment. The following is the District’s 

analysis of District Rule 433 – Control of Particulate Emissions at Owens Lake, which is proposed for 

adoption in 2016. 

District Rule 433 applies to dust control requirements at Owens Lake, CA. The purpose of this rule is to 

provide a regulatory mechanism under the federal Clean Air Act to attain the National Ambient Air 

Quality Standards and to implement the “Stipulated Judgment” between the Great Basin Unified Air 

Pollution Control District (“District”) and the City of Los Angeles (“City”) dated December 30, 2014 

and entered by the Superior Court of the State of California, County of Sacramento. This rule sets the 

requirements for the Best Available Control Measures (“BACM”) and defines the areal extent of these 

controls at Owens Lake required in order to meet the NAAQS. 

Previously, the District ordered the City to implement dust controls through a series of negotiated board 

orders. These board orders provided BACM options for use at Owens Lake, locations of ordered dust 

source areas, deadlines for completion, and other provisions as agreed to by the parties. Proposed 

District Rule 433 includes the control requirements from these previous board orders and incorporates 

terms from the 2014 Stipulated Judgment, which adds more areas for control, but also provides 

additional BACM options. The rule includes provisions that can be federally approved by the US EPA 

and removes discretionary provisions that were agreed to through the Stipulated Judgment and prior 

Board Orders negotiated by the parties. 

Rule 433 does not include portions of District board orders that control the same sources of air pollution 

from the Owens Lake bed. The excluded portions pertain to BACM requirements that were revised, 

discretionary provisions that are not federally approvable in a SIP, and agreements between the District 

and the City that do not affect lake bed dust control requirements. Otherwise, the requirements of the 

rule are duplicative of the requirements in other Board Orders applicable to the same source, which 

includes: areas for control, emission reduction requirements, operating parameters, work practices, and 

monitoring, reporting and record keeping requirements. 

Table 1 summarizes the list of District rules and board orders that apply to dust controls at Owens Lake. 

There are no federal or state regulations specific to dust control requirements at Owens Lake. 

Additional information on Rule 433 can be found in the draft 2016 Owens Valley Planning Area State 

Implementation Plan, which will be considered for adoption at the same time as this rule.

Phillip L. Kiddoo

Air Pollution Control Officer
6_Rule 433 CHSC Analysis.docx 2 

Table 1. List of District Rules and Board Orders that regulate the same source as Rule 433. 

Rule/Board Order

(Adoption Year) 

Area Ordered 

for Control Method of Control Included in Rule 433? 

400 – 20% Opacity (1974) General Prohibitory rule. No

401 – Fugitive Dust (1974) General Take reasonable precautions to 

prevent dust from leaving 

property.

No

402 – Nuisance (1974) General Prohibitory rule. No

BO 981116-01 (1998) Lake bed 

13.5 sq. mi. 

BACM: Shallow flooding, gravel, 

managed vegetation

Yes1

BO 031113-01 (2003) Lake bed

16.5 sq. mi.

BACM: Shallow flooding, gravel, 

managed vegetation 

Yes1

BO 080128-01 (2008) Lake Bed

13.2 sq. mi. 

BACM: Shallow flooding, gravel, 

managed vegetation (with 

modified vegetation cover

requirements), and MDCE2

BACM for the following areas: 

Moat & Channel and selected 

Shallow Flood areas.

Yes1

District Hearing Board 

Order GB09-06 (2009)

Lake Bed

2.0 sq. mi.

Gravel BACM Yes1

2014 Stipulated Judgment

(2014) 

3.4 sq. mi.,

and up to 

4.8 sq. mi. 

(contingency 

areas)

Modifies BACM for Shallow 

Flood (SF) to provide options that 

use SF BACM as a back-up 

method if the surface becomes 

emissive. This includes the use 

of Tillage, Dynamic Water 

Management (shorter dust control 

seasons) and Brine. The gravel 

BACM requirement was modified 

to allow less gravel depth if the 

gravel has a geotextile fabric 

under layer.

Yes1

 

1 Rule 433 omits portions of the District board orders that control the same sources of air pollution from the

Owens Lake bed. The omitted portions include BACM requirements that were revised, discretionary provisions 

that are not federally approvable in a SIP, and agreements between the District and the City that do not pertain to 

lake bed dust control requirements. Otherwise, the requirements of the rule are duplicative of the requirements in 

other Board Orders pertaining to the same source, which includes: areas for control, emission reduction 

requirements, operating parameters, work practices, and monitoring, reporting and record keeping requirements.

2 Minimum Dust Control Efficiency (MDCE) BACM is a control measure that has less than the 99% control 

efficiency required for the other BACM options. The minimum control efficiency level ranges from 53-98%. The 

control efficiency target is determined for specific locations through a modeling analysis approved with the 2008 

OVPA PM10 SIP.