April 13, 2004

Air Pollution Control Board

800 South Victoria Avenue

Ventura, CA 93009

SUBJECT: SUBJECT: PUBLIC HEARING REGARDING PROPOSED REVISIONS TO

THE FOLLOWING RULES:

RULE 2, DEFINITIONS

RULE 5, EFFECTIVE DATE

RULE 50, OPACITY

RULE 51, NUISANCE

RULE 52, PARTICULATE MATTER – CONCENTRATION

RULE 53, PARTICULATE MATTER - PROCESS WEIGHT

RULE 68, CARBON MONOXIDE

RULE 102, SOURCE TESTS

AND

PROPOSED REPEAL OF THE FOLLOWING RULES:

RULE 42.K, CALIFORNIA CLEAN AIR ACT FEE

RULE 45.1, ECO PLAN FEES

RULE 55, EXEMPTIONS FROM EMISSION STANDARDS

RULE 60, NEW NON-MOBILE EQUIPMENT - SULFUR DIOXIDE,

NITROGEN OXIDES, AND PARTICULATE MATTER

RULE 62.3, HEXAVALENT CHROMIUM – COOLING TOWERS

RULE 62.4, ASBESTOS – SERPENTINE ROCK FOR SURFACING

RULE 62.5, DIOXINS – MEDICAL WASTE INCINERATORS

RULE 100, ANALYTICAL METHODS

RECOMMENDED ACTION:

1. Adopt the proposed findings (Attachment 1).

2. Adopt the proposed revisions to Rules 2, 5, 50, 51, 52, 53, 68, and 102 (Attachments 4

through 11 - on file with the Clerk of the Board).

3. Repeal Rules 42.K, 45.1, 55, 60, 62.3, 62.4, 62.5, and 100. (Attachments 12 through 19 - on

file with the Clerk of the Board).

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

publication of the public hearing notice for the proposed action to the Air Pollution Control

District.

FISCAL/MANDATES IMPACT:

Mandatory: No

Fiscal Impact: The proposed revisions and repeals will have no fiscal impact on the District.
Air Pollution Control Board

April 13, 2004

Page: 2

STATEMENT OF MATTER FOR BOARD CONSIDERATION:

APCD staff is proposing a general rulebook cleanup. Eight unnecessary or obsolete rules are

proposed to be repealed. Proposed revisions to eight other rules include the addition of

appropriate test methods, definitions, and exemptions. The amendments are described in detail

in Attachment 2. The proposed rule amendments will have no effect on regulated entities.

Copies of the rule amendments, and the rules to be repealed, are on file with the Clerk of the

Board.

Public Workshop and Advisory Committee Meeting

Because the proposed rule revisions and repeals are not controversial, District staff did not hold

a public workshop on this proposal. The APCD Advisory Committee unanimously

recommended adoption of this proposal at its January 27, 2004, meeting (see Attachment 3 for

voting record).

PROPOSED FINDINGS:

Health and Safety Code Section 40727 requires that, prior to adopting the proposed rule

revisions and repeals, your Board adopt findings based upon relevant information presented at

the hearing, of necessity, authority, clarity, consistency, nonduplication, and reference. 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 rule actions, it is recommended you also adopt the findings outlined in

Attachment 1.

The adoption of the proposed rule revisions and repeals has been determined to be exempt from

CEQA under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty

that there is no possibility that these changes may have a significant effect on the environment.

A finding with respect to this exemption is also included in Attachment 1.

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

at 645-1440 or Karl Krause at 645-1420.

MICHAEL VILLEGAS

Air Pollution Control Officer

Attachment 1 – Proposed Findings

Attachment 2 – Description of rule revisions and amendments.

Attachment 3 – Advisory Committee Voting Record

Attachments 4 through 11 - Proposed revised Rules 2, 5, 50, 51, 52, 53, 68, and 102 (On file

with the Clerk of the Board).

Attachments 12 through 19 - Proposed repealed Rules 42.K, 45.1, 55, 60, 62.3, 62.4, 62.5, and

100. (On file with the Clerk of the Board).
PROPOSED FINDINGS

Pursuant to Health and Safety Code Sections 40727 and 40727.2

1. NECESSITY: The revisions and repeals are necessary to add appropriate test methods and

definitions, remove obsolete requirements, and to make minor clarifications.

 2. AUTHORITY: California Health and Safety Code Division 26, Part 3, Section 40702

authorizes the District to adopt rules and regulations to execute the powers and duties granted to,

and imposed upon, the District by state law and other statutory provisions.

3. CLARITY: The proposed rules can be easily understood by the people who are directly

affected by them.

4. CONSISTENCY: The proposed rules are in harmony with, and not in conflict with or

contradictory to, existing statutes, court decisions, or state or federal regulations.

5. NONDUPLICATION: The proposed rules do not impose the same requirements as existing

state or federal regulations.

6. REFERENCE: The adoption of the proposed rule amendments and repeals implements

California Health and Safety Code Division 26, Part 3, Section 40702.

7. ANALYSIS OF AIR POLLUTION CONTROL REQUIREMENTS: The requirements of

Health and Safety Code Section 40727.2 are satisfied pursuant to Subsection 40727.2(g), as the

adoption of the proposed amendments does not impose new or more stringent emission limits or

standards.

PROPOSED FINDINGS

Pursuant to Section 15061(b)(3) of the

California Environmental Quality Act Guidelines

The adoption of the proposed rule revisions and repeals is exempt from the CEQA under Section

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

possibility that these changes may have a significant effect on the environment.

Attachment 1