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 clea nup. Eight unnecessary or obsolete rules are proposed to be repealed.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 Copies of the rule amendments, and the rules to be repealed, are on file with the Clerk of the Board.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 ar e 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 Safe ty 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 d ecisions, 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