6_Rule 433 CHSC Analysis.docx 1 

## G REAT 

## B ASIN 

## U NIFIED 

## A IR 

## P OLLUTION 

## C ONTROL 

## D ISTRICT
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 201 6.

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 “ Stipulat ed 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. Thi s 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.

Pr eviously , the District ordered the City to implement dust controls through a series of negotiat ed board orders. These board orders provided BA C M 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 ap provable 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, whi ch

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 f or adoption at the same time as this rule. Phillip L. Kiddoo

Air Pollution Control Officer6_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 Yes 1

BO 031113

- 01 (2003) Lake bed 16.5 sq. mi. BACM: Shallow flooding, gravel, managed vegetation Yes 1

BO 080128

- 01 (2008) Lake Bed 13.2 sq. mi. BACM: Shallow flooding, gravel, managed vegetation (with modified vegetation co ver requirements), and MDCE 2
BACM for the following areas:

Moat & Channel and selected

Shallow Flood areas. Yes 1

District Hearing Board

Order GB09

- 06 (2009) Lake Bed 2.0 sq. mi. Gravel BACM Yes 1

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

season s) and Brine. The gravel BACM requirement was modified to allow less gravel depth if the gravel has a geotextile fabric under layer. Yes 1

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%. Th e control efficiency target is determined for specific locations through a modeling analysis approved with the 2008
OVPA PM10 SIP

.