Antelope Valley 

Air Quality Management District 

Final Staff Report 

Rescission and Federal Negative Declaration of 

Rule 1101 – Secondary Lead Smelting/Sulfur Oxides

Adopted on 

February 21, 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, 10/2/2012 

STAFF REPORT 

TABLE OF CONTENTS 

Rescission and Federal Negative Declaration of Rule 1101 – Secondary Lead 

Smelting/Sulfur Oxides 

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

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

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

Appendix A – Federal Negative Declaration and Rule 1101 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 
AVAQMD Rule 1101 – Secondary Lead Smelting/Sulfur Oxides 1

Final Staff Report, 10/2/2012 

STAFF REPORT 

Rescission and Federal Negative Declaration of Rule 1101 - Secondary Lead 

Smelting/Sulfur Oxides

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 Health & Safety (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). 

The SCAQMD rules in effect within the jurisdiction of the AVAPCD remained in effect until the 

AVAPCD Governing Board superceded, amended or rescinded them. 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. Once again the rules in effect at the time of the change 

remained in effect until the AVAQMD Governing Board superceded, amended or rescinded them. The 

SCAQMD adopted Rule 1101 on October 7, 1977 and is the current version in the rule book. 

The provisions of Rule 1101 apply to the operation of secondary lead smelting equipment. The 

AVAQMD has determined that there are no secondary lead smelting operations located within the 

District and none are anticipated in the future. The AVAQMD is therefore proposing to rescind Rule 

1101 and adopt a Federal Negative Declaration (FND). Since Rule 1101 was submitted as part of the 

State Implementation Plan (SIP) and a FND is also required to be a part of the SIP, the rescission and

adoption need to be submitted to the United States Environmental Protection Agency (USEPA) as a 

SIP revision. 

III. STAFF RECOMMENDATION 

Staff recommends that the Governing Board of the AVAQMD adopt, after conducting a public hearing, 

a resolution approving the rescission of Rule 1101 – Secondary Lead Smelting/Sulfur Oxides and 

adoption of a Federal Negative Declaration. 

The Governing Board of the AVAQMD rescinded Rule 1101 – Secondary Lead Smelting/Sulfur 

Oxides and adopted a Federal Negative Declaration on February 21, 2012.
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IV. LEGAL REQUIREMENTS CHECKLIST 

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

Rule 1101 - Secondary Lead Smelting/Sulfur Oxides and the adoption of a FND. 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 

 X 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 

N/A 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: 

 X Written analysis of existing air 

pollution control requirements 

 N/A Economic Analysis 

 X Public Review
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Final Staff Report, 10/2/2012 

V. DISCUSSION OF LEGAL REQUIREMENTS 

A. REQUIRED ELEMENTS/FINDINGS 

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

rescission of Rule 1101 and the adoption of a FND. These are actions, that need to be 

performed, and/or information, that must be provided in order to rescind 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 Governing Board in making these 

findings. 

a. Necessity: 

The proposed rescission of Rule 1101 and the adoption of a FND are necessary 

because there are currently no sources within the jurisdiction of the AVAQMD 

subject to the provisions of the rule and none are anticipated in the future.

b. Authority: 

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

repeal rules and regulations. 

c. Clarity: 

The proposed rescission of Rule 1101 and the adoption of a FND are clear in 

that no current sources that are covered by the rule exist. 

d. Consistency: 

The proposed rescission of Rule 1101 and the adoption of a FND 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 there are currently no 

sources within the jurisdiction of the AVAQMD subject to the provisions of 

Rule 1101 and none are anticipated in the future. 

e. Non-duplication: 

The proposed rescission of Rule 1101 and the adoption of a FND do not impose 

the same requirements as an existing state or federal law or regulation because 

there are currently no sources within the jurisdiction of the AVAQMD subject to 

the provisions of Rule 1101 and none are anticipated in the future. 
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Final Staff Report, 10/2/2012 

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 rescission of Rule 1101 and the 

adoption of a FND was published January 20, 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 

rescission of Rule 1101 and the adoption of a FND and how they were satisfied. 

a. Satisfaction of Underlying Federal Requirements: 

Since Rule 1101 was submitted as part of the State Implementation Plan (SIP) 

and a FND is also required to be a part of the SIP, the rescission and FND must 

be submitted to the USEPA as a SIP revision. 

b. Public Notice and Comment: 

Notice for the public hearing for the proposed rescission of Rule 1101 and the 

adoption of a FND was published January 20, 2012. See Appendix “B” for a copy 

of the public notice. 

c. Availability of Document: 

Copies of the proposed rescission of Rule 1101 and the adoption of a FND and 

the accompanying draft staff report were made available to the public on January 

11, 2012. 

d. Notice to Specified Entities 

Copies of the proposed rescission of Rule 1101 and the adoption of a FND and 

the accompanying draft staff report were mailed to all affected agencies, 

including but not limited to the California Air Resources Board (CARB) and 

USEPA on January 11, 2012. 

e. Public Hearing: 
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Final Staff Report, 10/2/2012 

A public hearing to consider the proposed rescission of Rule 1101 and the 

adoption of a FND was held on February 21, 2012. 

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 proposed rescission of Rule 1101 and the 

adoption of a FND will eliminate a rule for which there are no sources within the jurisdiction of 

the AVAQMD and none are anticipated in the future. Therefore the preparation of a written 

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

type is not required. Any potential future sources would be accounted for by the current 

Standards of Performance for New Stationary Sources (NSPS; AVAQMD Rule 900) and those 

standards and practices determined by the Maximum Available Control Technology (MACT; 

40 CFR 63 Subpart X).

C. ECONOMIC ANALYSIS 

1. General 

No economic impact is anticipated by the rescission of Rule 1101 and the adoption of a 

FND. There are currently no sources within the jurisdiction of the AVAQMD subject to 

Rule 1101 and none are anticipated in the future. 

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

sulfur. 

The proposed rescission of Rule 1101 and the adoption of a FND are 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 rescission of Rule 1101 and the adoption of a 

FND. 

1. The proposed rescission of Rule 1101 and the adoption of a FND meet the 

CEQA definition of “project.” They are not “ministerial” actions. 

2. The proposed rescission of Rule 1101 and the adoption of a FND are exempt 

from CEQA review because there are currently no sources within the jurisdiction 

of the AVAQMD subject to the provisions of Rule 1101 and none are 

anticipated in the future, and there is not potential that the rescission might cause 

the release of additional air contaminants or create any adverse environmental 

impacts, a Class 8 categorical exemption (14 Cal. Code Reg. §15308) applies. 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS 

1. Potential Environmental Impacts 

There are currently no sources within the jurisdiction of the AVAQMD subject to Rule 

1101 and there is not potential that the rescission and adoption of a FND might cause 

the release of additional air contaminants or create any adverse environmental impacts. 

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 
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Final Staff Report, 10/2/2012 

Rule 1101 was adopted by the SCAQMD on October 7, 1977 to achieve the ambient air 

standards for sulfur dioxide emissions from secondary lead smelters. The AVAQMD assumes 

the rule was adopted because there was a major source in this source category operating within 

the SCAQMD. This rule was submitted by SCAQMD for inclusion into the SIP, which at that 

time included the area now known as the AVAQMD. Because this rule is in the AVAQMD 

SIP, and the AVAQMD has identified that it does not have any sources of the type covered by 

the provisions of Rule 1101 and is anticipating none in the future, the AVAQMD is proposing 

to rescind Rule 1101 and to adopt a FND. 

There are no USEPA Control Techniques Guidelines (CTG) or Alternative Control Technology

(ACT) guidance documents for this source category. However, regulations for this source 

category do exist as outlined in Standards of Performance for New Stationary Sources (NSPS; 

AVAQMD Rule 900; 40 CFR 60 Subpart L) and by those standards and practices determined 

by the Maximum Available Control Technology (MACT; 40 CFR 63 Subpart X). Although no 

sources are anticipated in the future, the NSPS and MACT standards will be applicable to any 

new sources that do arise. 

B. EMISSIONS 

There are currently no sources subject to Rule 1101; therefore no environmental impacts are 

anticipated from the rescission of the rule and the adoption of a FND. 

C. CONTROL REQUIREMENTS 

There are currently no sources subject to Rule 1101; therefore, no additional emission control 

methods are required. 

D. PROPOSED RULE SUMMARY 

The AVAQMD has identified that it does not have any sources of the type covered by the 

provisions of Rule 1101 and is anticipating none in the future. Therefore, the AVAQMD is 

proposing to rescind Rule 1101 and to adopt a FND. 

E. SIP HISTORY 

1. SIP History. 

Prior to 1975 the original air district for the Antelope Valley region was the Los Angeles 

County APCD that had jurisdiction covering the entire county of Los Angeles. In 1975, 

the Southern California Air Pollution Control District (So. Cal. APCD) was created. 

The So. Cal. APCD was created by a Joint Powers Agreement (JPA) between Los 

Angeles, Orange, Riverside and San Bernardino Counties to replace the previous 

countywide air pollution control districts for those counties. On February 1, 1977, 

pursuant to statute (Cal. Stats. 1976, Ch 324 p. 815) the SCAQMD was created with an 

initial jurisdiction that only included areas of Los Angeles, Orange, Riverside and San 

Bernardino Counties contained within the South Coast Air Basin (SCAB). Outlying 
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areas remained under the So. Cal. APCD (The legislation was thereafter amended to 

allow non SCAB areas to “opt in”. Los Angeles County exercised this option and thus 

the Antelope Valley became a part of SCAQMD. Also on February 1, 1977 the CARB 

issued Executive Order G-73 (1977) which adopted a “rule book” for those non-SCAB 

areas of Los Angeles, Riverside and San Bernardino Counties. CARB submitted the G73 rulebook on behalf of the “county” districts. 

By its terms Executive Order G-73 (1977) was only effective until the non-SCAB areas 

took other action. On February 22, 1977 the JPA forming the So. Cal. APCD was 

formally dissolved. By the terms of the JPA upon dissolution each county would regain 

its county air pollution control district with a jurisdiction of the non-SCAB areas of the 

county and the applicable rules being the So. Cal. APCD’s rules in effect upon the date 

of dissolution. On July 1, 1997 the Antelope Valley Air Pollution Control District 

(AVAPCD) replaced the SCAQMD as the agency with jurisdiction over the Los 

Angeles County portion of the Mojave Desert Air Basin (MDAB). On January 1, 2002 

the AVAPCD was replaced by the AVAQMD. Pursuant to both statutory changes, the 

rule and regulations of the predecessor district were retained until the Governing Board 

adopted, amended or rescinded them. At the first meeting of the both the AVAPCD and 

the AVAQMD, the respective Governing Boards reaffirmed all the rules and regulations 

in effect at the time the agency changed. 

The jurisdiction of the AVAPCD and the AVAQMD were specified in the statutes as 

the portion of the Los Angeles County contained within the MDAB. The MDAB was 

formerly known as the Southeast Desert Air Basin (SEDAB). In 1997 the SEDAB was 

split into the MDAB and the Salton Sea Air Basin. Descriptions of these air basins can 

be found in 17 Cal. Code Regs. §§60109 and 60144. Since USEPA adopts SIP 

revisions in California as effective within jurisdictional boundaries of local air districts, 

when the local air district boundaries change the SIP as approved by USEPA for that 

area up to the date of the change remains as the SIP in that particular area. Thus, upon 

creation of the AVAPCD on July 1, 1997 the AVAPCD acquired the SIP applicable to 

the Antelope Valley portion of the SCAQMD that was effective as of June 30, 1997. 

Likewise the AVAQMD acquired the SIP that was effective in the jurisdiction of the 

AVAPCD as of December 31, 2001. Therefore, the SIP history for this region is based 

upon the rules adopted, effective, and approved for the Antelope Valley by SCAQMD. 

Rule 1101 was originally adopted on October 7, 1977 by the SCAQMD. This version is 

the version in the SIP for the AVAQMD at 46 FR 43969, 40 CFR 52.220(c)(70)(i)(B), 

September 2, 1981 

2. SIP Analysis. 

The District will request that CARB request Rule 1101 to be removed from the SIP and 

replaced with a Federal Negative Declaration. 
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APPENDIX "A"

Federal Negative Declaration 

and 

Rule 1101 – Secondary Lead Smelting/Sulfur Oxides 

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. Shaded 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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Secondary Lead Smelters/Sulfur Oxides 

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RULE 1101 

Secondary Lead Smelters/Sulfur Oxides 

(a) A person shall not discharge into the atmosphere from any lead melting furnace such as 

described in Section (b) below, effluent process gas containing sulfur oxides in excess of the 

concentration and mass flow rate indicated by both subsections (a)(1) and (a)(2): 

(1) 200 ppm of sulfur oxides expressed as sulfur dioxide, measured at the point of emission 

to the atmosphere, and calculated on a dry basis averaged over a minimum of 15 

consecutive minutes, and 

(2) 2.1 kilograms of sulfur oxides per metric ton of process weight 

(4.2 pounds of sulfur oxides per short ton of process weight) expressed as sulfur 

dioxide. 

(b) This rule shall apply only to furnaces used to recover lead from the following: 

(1) Automotive batteries, and/or 

(2) Slag and dross resulting from the melting of automotive batteries. 

[SIP: Approved 9/2/81, 46 FR 43969, 40 CFR 52.220(c)(70)(i)(B)] 
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APPENDIX "B" 

PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing – Antelope Valley Press, January 20, 2012 
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2.
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APPENDIX "C" 

PUBLIC COMMENTS AND RESPONSES

No comments received at this time. 
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APPENDIX "D" 

CALIFORNIA ENVIRONMENTAL QUALITY ACT 

DOCUMENTATION

1. Notice of Exemption – Los Angeles County, Posted 2/29/2012 
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APPENDIX "E" 

BIBLIOGRAPHY

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

rescission of Rule 1101: 

1. 46 FR 43969, 40 CFR 52.220(c)(70)(i)(B) 09/02/81 (SCAQMD SIP approval) 

2. NSPS 40 CFR 60 Subpart L 

3. MACT 40 CFR 63 Subpart X 
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