   
  
Staff Report

Amendments to
Rule 401  -  Visible Emissions



                                  Adopted on
                                August 26, 2019
                                       
                                       














Mojave Desert 
Air Quality 
Management District
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STAFF REPORT
TABLE OF CONTENTS
Rule 401  -  Visible Emissions 


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.	Nonduplication	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	5
e.	Public Hearing	5
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	6
1.	General	6
2.	Incremental Cost Effectiveness	6
D.	ENVIRONMENTAL ANALYSIS (CEQA)	6
E.	SUPPLEMENTAL ENVIRONMENTAL ANALYSIS	6
1.	Potential Environmental Impacts	6
2.	Mitigation of Impacts	7
3.	Alternative Methods of Compliance	7
F.	PUBLIC REVIEW	7
VI.    TECHNICAL DISCUSSION	7
A.	SOURCE DESCRIPTION	7
B.	EMISSIONS	7
C.	CONTROL REQUIREMENTS	7
D.	PROPOSED RULE SUMMARY	7
E.	FCAA 110(L) AND HEALTH & SAFETY CODE §42504 ANALYSIS	10
F.	SIP HISTORY	11
1.	 SIP History	11
a.	SIP in the San Bernardino County Portion of MDAQMD	11
b.	SIP in the Riverside County Portion of the MDAQMD	12
2.	SIP Analysis	12
Appendix A - 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




                               List of Acronyms


BACT 		Best Available Control Technology
BARCT	Best Available Retrofit Control Technology
CARB 		California Air Resources Board
CCAA		California Clean Air Act
CEQA		California Environmental Quality Act
FCAA 		Federal Clean Air Act 
H&S Code 	California Health & Safety Code
HSC		California Health & Safety Code
MDAB 	Mojave Desert Air Basin
MBUAPCD	Monterey Bay Unified Air Pollution Control District
MDAQMD	Mojave Desert Air Quality Management District
NANSR	Nonattainment New Source Review
NOX		Oxides of Nitrogen
NSR		New Source Review
SBCAPCD	San Bernardino County Air Pollution Control District
SCAQMD	South Coast Air Quality Management District
SDAPCD	San Diego Air Pollution Control District
SIP		State Implementation Plan
SJVUAPCD	San Joaquin Valley Unified Air Pollution Control District
SOX		Oxides of Sulfur
TAC		Toxic Air Contaminant
TCAPCD	Tehama County Air Pollution Control District
USEPA	U.S. Environmental Protection Agency
VOC		Volatile Organic Compounds

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STAFF REPORT
Rule 401  -  Visible Emissions 


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 
Mojave Desert Air Quality Management District (MDAQMD or District) Rule 401  -  Visible Emissions, was originally adopted May 7, 1976.  On February 1, 1977 CARB Executive Order adopted a rule book for non-South Coast Air Basin (SCAB) areas of Los Angeles, Riverside and San Bernardino Counties, and then finally on July 25, 1977, Rule 401 was readopted into the San Bernardino County Air Pollution Control District (SBCAPCD) rulebook.  Rule 401 currently addresses a single visible emission limitation.  This is not consistent with the current provisions contained in the Health and Safety Code (H&S Code), or current District practices.  MDAQMD Rule 401 is proposed for amendment to reflect provisions in the H&S Code §§ 41701.5, 41701.6, and 41704.  General opacity regulations as readopted in 1977 have not been modified, as they are more stringent than the H&S Code.  Equipment specific emissions limits have been added per the H&S Code, as well as exemptions, definitions and test methods.  All applicable provisions in the H&S Code are currently enforced by the MDAQMD, therefore no change in emissions or controls are anticipated.

III.	STAFF RECOMMENDATION 
The proposed amendments were reviewed by the Technical Advisory Committee (TAC) on May 23, 2019.  Staff has recommended that the Governing Board of the Mojave Desert Air Quality Management District (MDAQMD or District) amend proposed Rule 401 - Visible Emissions and approve the appropriate California Environmental Quality Act (CEQA) documentation.  This action is necessary to conform the Rule to various provisions of the H&S Code, which the MDAQMD enforces.IV.	LEGAL REQUIREMENTS CHECKLIST 
The findings and analysis as indicated below are required for the procedurally correct amendments to Rule 401  -  Visible Emissions.  Each item is discussed, if applicable, in Section V.  Copies of related documents are included in the appropriate appendices. 



FINDINGS REQUIRED FOR
RULES & REGULATIONS:

 X 	Necessity

 X 	Authority

 X 	Clarity

 X 	Consistency

 X 	Nonduplication

 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:

N/A	Elements as set forth in applicable Federal law or regulations.


CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CEQA):

N/A	Ministerial Action

N/A	Exemption

 X 	Negative Declaration

N/A	Environmental Impact Report

 X 	Appropriate findings, if necessary.

 X 	Public Notice & Comment


SUPPLEMENTAL ENVIRONMENTAL
ANALYSIS (RULES & REGULATIONS ONLY):

 X 	Environmental impacts of compliance.

 X 	Mitigation of impacts.

 X 	Alternative methods of compliance.


OTHER: 

 X 	Written analysis of existing air pollution control requirements

 X 	Economic Analysis

 X 	Public Review



V.	DISCUSSION OF LEGAL REQUIREMENTS 
A.	REQUIRED ELEMENTS/FINDINGS 	
This section discusses the State of California statutory requirements that apply to the proposed amendments to Rule 401.  These are actions that need to be performed and/or information that must be provided in order to amend 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 District Governing Board is required to make findings of necessity, authority, clarity, consistency, non-duplication, and reference based upon relevant information presented at the hearing.  The information below is provided to assist the Board in making these findings.
a.	Necessity:	
The amendments to Rule 401 are necessary to conform the Rule to various provisions of the H&S Code, which the MDAQMD enforces.
b.	Authority:	  
The District has the authority pursuant to California Health and Safety Code (H&S Code) §40702 to adopt, amend or repeal rules and regulations.
c.	Clarity:	  
The amendments to Rule 401 are clear in that they are written so that the persons subject to the rule can easily understand the meaning.  By reflecting provisions in the H&S Code, it clarifies that the District is bound by those regulations, and enforces visible emissions accordingly.
d.	Consistency:	  
The amendments to Rule 401 are in harmony with, and not in conflict with or contradictory to any state law or regulation, federal law or regulation, or court decisions in that they conform the California H&S Code.  
e.	Nonduplication:	
The amendments to Rule 401 do not impose the same requirements as any existing state or federal law or regulation.  The rule in and of itself as it has existed since 1977 implements more stringent emissions requirements than what the H&S Code requires.
f.	Reference:	  
The District 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 amendments to Rule 401 was published on 07/26/2019.  See Appendix "B" for a copy of the public notice once available.  See Appendix "C" for copies of comments, if any, and District 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 that requires the submittal.  The information below indicates which elements are required for the amendments to Rule 401 and how they were satisfied.  Rule 401 is currently approved in the California State Implementation Plan (SIP).  Rule 401 was readopted on 07/25/1977 was submitted to USEPA on 06/06/1977 and approved into the California SIP on 09/08/1978 (43 FR 40011).  
a.	Satisfaction of Underlying Federal Requirements:	  
The FCAA requires that certain large new or modified stationary sources of air pollutants obtain permits prior to construction or modification (42 USC §§7412(i)(1); 7475, 7502(b)(6); 7503, 7511a(a)(2)(C)).  The program covering pollutants for areas designated nonattainment for that pollutant is commonly referred to as NSR or NANSR and must be included as part of the area's State Implementation Plan (SIP).  Such programs must comply with the applicable implementing regulations which are primarily contained in 40 CFR 51.160 et seq.  
b.	Public Notice and Comment:	
Notice for the public hearing for the proposed amendments to Rule 401 was published on 07/26/2019.  See Appendix "B" for a copy of the public notice.  See Appendix "C" for copies of comments, if any, and District responses.
c.	Availability of Document:	
Copies of the proposed amendments to Rule 401 and the accompanying draft staff report has been made available to the public on or before 06/03/2019.  The proposed amendments were reviewed by the Technical Advisory Committee, a committee consisting of a variety of regulated industry and local governmental entities, on 05/23/2019.
d.	Notice to Specified Entities:	
Copies of the proposed amendments to Rule 401 and the accompanying draft staff report have been sent to all affected agencies.  The proposed amendments have been sent to CARB and USEPA on 06/03/2019.
e.	Public Hearing:	  
A public hearing to consider the proposed amendments to Rule 401 was conducted on 08/26/2019.
f.	Legal Authority to Adopt and Implement:	
The District 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 District by Division 26 of the H&S Code (commencing with §39000).  The District is also required to adopt and enforce rules and regulations to attain and maintain the NAAQS and SAAQS (H&S Code §40001(a)).
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 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 amendments to Rule 401 apply to all sources of air pollutant emissions in the District.  This rule expands upon the original rule, including language directly from the H&S Code to clarify how visible emissions have always been enforced in the District.  It does not in and of itself mandate specific control strategies.  Instead it is used to procedurally place permit conditions upon each new or modified piece of equipment or source type to implement the specific air pollution control requirements applicable to such equipment or source type.  Therefore, as a rule implementing federal programs rather than providing specific control requirements, this analysis is not necessary.
C.	ECONOMIC ANALYSIS	
1.	General	
Rule 401 has been in force since July 25, 1977.  Proposed amendments will not impose any additional costs to applicants.
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 (CCAA) requirements for Best Available Retrofit Control Technology (BARCT) or "all feasible measures" to control volatile compounds (VOCs), oxides of nitrogen (NOx) or oxides of sulfur (SOx).  The proposed amendments to Rule 401 reflects language in the H&S Code, and practices already in place.  Therefore Rule 401 does not require additional control measures on particular types of equipment and thus this analysis is not required.  
D.	ENVIRONMENTAL ANALYSIS (CEQA)	
Through the process described below the appropriate CEQA process for the proposed amendments to Rule 401 was determined.
1.	The proposed amendments to Rule 401 meet the CEQA definition of "project".  They are not "ministerial" actions.
2.	The proposed amendments to Rule 401 are exempt from CEQA Review because the proposed action is the amendment of a procedural rule designed to protect the environment.  Specifically, the proposed amendment of Rule 401 provides more clarity, and reflects provisions in the H&S Code, or is more stringent than the H&S Code.  Copies of the documents relating to CEQA can be found in Appendix "D".
E.	SUPPLEMENTAL ENVIRONMENTAL ANALYSIS	
1.	Potential Environmental Impacts	
The potential environmental impacts of compliance with the proposed amendments to Rule 401 should not have any additional environmental consequences.  The proposed amendments are primarily procedural in nature and are designed to reflect provisions already in the H&S Code and enforced by the District.
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	
Rule 401 applies to all sources located within the MDAQMD.  No changes in applicability are anticipated, because the applicable provisions in the H&S Code are already enforced. 
B.	EMISSIONS	
No changes in emissions are anticipated, as the provisions which already exist in the H&S Code are already enforced, in the case of general emissions requirements of the rule, the District is more stringent than the H&S Code, and general emissions requirements have been in effect since MDAQMD Rule 401 was readopted in 1977.
C.	CONTROL REQUIREMENTS	
The proposed amendments to Rule 401 reflect language in the H&S Code, and practices already in place.  Therefore Rule 401 does not require additional control measures on equipment located within the District.
D.	PROPOSED RULE SUMMARY	
This section gives a brief overview of the proposed amendments to Rule 401.
Rule 401 has been rewritten to conform to the requirements set forth in H&S Code §§ 41701.5, 41701.6, 41704, as well as other SIP approved rules, while maintaining more stringent visible emission limitations in the current version of the rule, which was readopted on July 25, 1977. 
Section (A) outlines the purpose, applicability and severability of the rule.
Section (B) introduces definitions to the rule.
Subsection (B)(1) defines Observer.  Language derived from SJVUAPCD Rule 4101  -  Visible Emissions, 2005.  At the request of our TAC, language was modified to allow to additional certification options rather than restricting to those offered by CARB.
Subsection (B)(2) defines Opacity.  Language derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012.
Subsection (B)(3) defines Ringelmann Chart.  Language derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012.
Subsection (B)(4) defines Visible Emissions.  Language derived from SJVUAPCD Rule 4101  -  Visible Emissions, 2005
Section (C) is written to reflect the General Visible Emission Limitations as outlined in the H&S Code §41701, with the exception that the H&S Code allows up to No. 2 on the Ringelmann Chart, where the District maintains No 1 on the Ringelmann Chart as adopted in previous iterations of this rule and as approved into the SIP.
Subsection (C)(2)(a) outlines equipment-specific visible emissions limitations for abrasive blasting, reflecting the provisions of § 92000 et seq. of Title 17 of the California Code of Regulations.  Derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012.
Subsection (C)(2)(b) outlines equipment-specific visible emissions limitations for drinking water systems, reflecting the provisions of H&S Code § 41701.6.  Derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012.
Subsection (C)(2)(c) outlines equipment-specific visible emissions limitations for gas turbines.  Derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012.
Subsection (C)(2)(d) outlines equipment-specific visible emissions limitations for diesel pile-driving hammers, reflecting the provisions of H&S Code § 41701.5.  Derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012.
Subsection (C)(2)(g) outlines equipment-specific visible emissions limitations as they relate to equipment subject to 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63.  Equipment subject to the above Federal regulations shall comply with those emissions limitations.  Derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012.
Subsection (D)(1)(a) outlines an exemption for open burning that is in compliance with District Rule 444, reflecting the provisions of H&S Code § 41704 (a), (b), (c), and (e).
Subsection (D)(1)(b) outlines an exemption for distributing agricultural aids via aircraft  reflecting the provisions of H&S Code § 41704 (d).  Derived from TCAPCD, Rule 4:1  -  Visible Emissions, 2007.
Subsection (D)(1)(c) outlines an exemption for distributing agricultural aids via aircraft  reflecting provisions of H&S Code § 41704 (d).  
Subsection (D)(1)(d) outlines an exemption for Agricultural Operations necessary for the growing of crops or raising of fowl or animals reflecting the H&S Code § 41704 (g) and (h) provisions.  
Subsection (D)(1)(e) outlines an exemption for the use of visible emission generating equipment in training sessions conducted by governmental agencies necessary for certifying persons to evaluate visible emissions for compliance with applicable District Rules and Regulations, reflecting the H&S Code § 41704 (l) provisions.  
Subsection (D)(1)(f) outlines an exemption for emissions from vessels using steam boilers during emergency boiler shutdowns for safety reasons, safety and operational tests required by governmental agencies, reflecting the provisions of H&S Code § 41704 (j).  
Subsection (D)(1)(g) outlines an exemption for fugitive dust emissions from rock crushing facilities, where the facilities were in existence prior to January 1, 1970, at a location where the population density is less than 10 persons per square mile in each square mile within a seven-mile radius of the facilities; provided, however, that under no circumstances shall the emissions cause a measurable degradation of the ambient air quality or create a nuisance.  This subdivision does not apply to any rock crushing facilities which:
            (i)	Process in excess of 100 tons of rock in any 24-hour period, averaged over any period of 30 consecutive days;
            (ii)	Have 25 or more employees;
            (iii)	Fail to operate and maintain in good working order any emission Control equipment installed prior to January 1, 1978, or; 
            (iv)	Undergo a change of ownership after January 1, 1977 {H&S Code § 41704 (i)}., 
This subsection reflects the provisions of H&S Code § 41704 (i).  
Subsection (D)(1)(h) outlines an exemption for emissions during a breakdown condition, as long as the discharge is reported in accordance with District requirements, reflecting the H&S Code § 41704 (k) provisions.  
Subsection (D)(1)(i) outlines an exemption for emissions from teepee burners during the disposal of forestry and agricultural residues or forestry and agricultural residues with supplementary fossil fuels when the emissions result from the Startup or Shutdown of the combustion process or from the malfunction of emission Control Equipment, reflecting the H&S Code § 41704 (m) provisions.  
Subsection (D)(1)(j) outlines an exemption from burners used to produce energy and fired by forestry and agricultural residues with supplementary fossil fuels when the emissions result from the Startup or Shutdown of the combustion process or from the malfunction of emission Control Equipment, reflecting the H&S Code § 41704 (n) provisions.  
Subsection (D)(1)(k) outlines an exemption from methanol fuel manufacturing plants which manufacture not more than 2,000,000 gallons of methanol fuel per day from wood, Agricultural Waste, natural gas, or coke (exclusive of petroleum coke), reflecting the provisions of H&S Code § 41704 (o).  
Subsection (D)(1)(l) outlines an exemption from the use of an obscurant for the purposes of training military personnel and the testing of military equipment by the United States Department of Defense on any military reservation, reflecting the provisions of H&S Code § 41704 (p).  
Subsection (D)(1)(m) outlines an exemption from fugitive dust emissions generated for the purposes of training military personnel and the testing of military equipment by the United States Department of Defense on any military reservation, within the boundaries of said military reservation.  Military reservations located in the MDAQMD can sometimes produce fugitive dust in excess of allowed emissions for mission critical training exercises.  This exemption allows the facility to complete mission critical training exercises necessary to create realistic conditions similar to those that troops might encounter in combat situations.  Exemptions would be allowed within the military reservation, and visible emissions crossing that boundary would be subject to Visible Emissions limitations as set forth elsewhere in Rule 401.  This exemption is consistent with the Department of Defense exemption specific to obscurants, and has the same limitations.  The District believes this exemption is necessary to enable our military facilities to perform realistic training..  
Subsection (D)(1)(o) outlines an exemption from the use of an orchard, field crop, or citrus grove heater which does not produce unconsumed solid carbonaceous material at a rate in excess of that allowed by State law, which is 1 gram per minute of unconsumed solid carbonaceous material, reflecting the H&S Code § 41704 (f) provisions.  
Section (E) outlines the Federal test methods for compliance verification.
E.	FCAA 110(L) and Health & Safety Code §42504 Analysis	
FCAA §110(l) (42 U.S.C. §7410(l)) requires that any SIP amendment which might potentially be construed as a relaxation of a requirement provide a demonstration that the proposed change does not interfere with any FCAA requirements concerning attainment or Reasonable Further Progress (RFP).  In addition, California Law (H&S Code §§42500 et seq.) requires a similar analysis when amendments are proposed to a nonattainment NSR program to show that the proposed changes are not less stringent than the FCAA provisions and implementing regulations which were in existence as of December 30, 2002 (H&S Code §42504).  
Proposed Rule 401 in not less stringent than the currently existing SIP rule.    Proposed Rule 401 provides definitions of commonly used terms in visible emissions, it also provides clarity in situations where the current rule is silent, preventing loose interpretation of the rule.  Test methods have also been outlined for verification of compliance.  Rule 401, as proposed, also aligns with provisions in the H&S Code and therefore is already effectively being enforced by the District.  Therefore, the proposed amendments to Rule 401 are effectively more stringent than those currently in the SIP.  The proposed amendments to Rule 401 do not relax any NSR related requirements.  
F.	SIP HISTORY	
1.	SIP History.	
a.	SIP in the San Bernardino County Portion of MDAQMD	
Rule 401 was originally adopted on May 7, 1976 by the Southern California Air Pollution Control District (So.Cal.APCD) which 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 South Coast Air Quality Management District (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 areas remained under the So. Cal. APCD.  Also on February 1, 1977 the California Air Resources Board (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 G-73 rulebook on behalf of the "county" districts and these rule books included Rule 401.  
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 SoCal.APCD's rules in effect upon the date of dissolution.  Thus, as of February 22, 1977 the version of Rule 401 for the San Bernardino County APCD (SBCAPCD) reverted from the G-73 (1977) CARB version back to the original So.Cal.APCD May 7, 1976 version.
On July 25, 1977 the SBCAPCD readopted its rulebook including Rule 401.
On July 1, 1993 the MDAQMD was formed pursuant to statute.  Pursuant to statute it also retained all the rules and regulations of the SBCAPCD until such time as the Governing Board of the MDAQMD wished to adopt, amend or rescind such rules.  The MDAQMD Governing Board, at its very first meeting, reaffirmed all the rules and regulations of the SBCAPCD.  Rule 401 has not been amended since July 25, 1977, and therefore is the SIP Version (43 FR 40011, 9/8/78) for the San Bernardino County portion of the MDAQMD.  
b.	SIP in the Riverside County (Blythe/Palo Verde Valley) Portion of the MDAQMD	
One of the provisions of the legislation which created the MDAQMD allowed areas contiguous to the MDAQMD boundaries and within the same air basin to leave their current air district and become a part of the MDAQMD.  On July 1, 1994 the area commonly known as the Palo Verde Valley in Riverside County, including the City of Blythe, left the (SCAQMD) and joined the MDAQMD.  
Since USEPA adopts SIP revisions in California as effective within the jurisdictional boundaries of local air districts, when the local 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.  Upon annexation of the Blythe/Palo Verde Valley the MDAQMD acquired the SIP prior to July 1, 1994 that was effective in the Blythe/Palo Verde Valley.  Therefore, the SIP history for the Blythe/Palo Verde Valley Portion of the MDAQMD is based upon the rules adopted and approved for that portion of Riverside County by SCAQMD.
Rule 401 was originally adopted on May 7, 1976 by the Southern California Air Pollution Control District (So.Cal.APCD) which 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 South Coast Air Quality Management District (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).  The SCAQMD re-adopted this version of Rule 401 on February 4, 1977 and subsequently amended the rule on April 1, 1977, August 4, 1978, September 7, 1979, February 1, 1980, July 11, 1980, October 15, 1982, March 2, 1984, February 5, 1988 and April 7, 1989.  The SIP approved version of Rule 401 is the March 2, 1984 version (50 FR 3906, January 29, 1985).
2.	SIP Analysis.	
The District requests that CARB submit the proposed amendments to Rule 401 to replace the SIP versions in effect in the San Bernardino County portion of the MDAB and the Blythe/Palo Verde Valley portion of Riverside County. This submission is necessary because it provides a method to ensure that the new provisions of the rule, while already in the H&S Code, are properly incorporated into new and modified permits.
Since there are previously existing SIP submissions for this category the District requests that they be superseded.  In order to replace existing SIP rules the District is required to show that the proposed amendments are not less stringent than the provisions currently in the SIP.  
Proposed Rule 401 in not less stringent than the currently existing SIP rules.  Proposed Rule 401 provides definitions of commonly used terms in visible emissions, it also provides clarity in situations where the current rule is silent, preventing loose interpretation of the rule.  Test methods have also been outlined for verification of compliance.  Rule 401, as proposed, also aligns with provisions in the H&S Code and therefore is already effectively being enforced by the District.  Therefore, the proposed amendments to Rule 401 are effectively more stringent than those currently in the SIP.

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Appendix "A"
Rule 401  -  Visible Emissions 
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.	Underlined 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 rule which remains unchanged by the adoption of the proposed amendments.

4.	[Bracketed italicized text] is explanatory material that is not part of the proposed language.  It is removed once the proposed amendments are adopted.


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RULE 401
Visible Emissions
(A)	General Description
(1)	Purpose:
            The purpose of the Rule is to provide limits for the Visible Emissions from sources within the District.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
(2)	Applicability:
            The provisions of this Rule shall apply to all sources of air pollutant emissions in the District [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
	(3)	Severability:
            If any portion of this Rule shall be found to be unenforceable, such finding shall have no effect on the enforceability of the remaining portions of the Rule, which shall continue to be in full force and effect.
(B)	Definitions
      The definitions contained in District Rule 102  -  Definition of Terms shall apply unless a term is otherwise defined herein.  Terms that are defined within this rule, have been capitalized for ease of recognition.
 Observer - A certified and trained human observer or an in-stack Opacity monitoring system calibrated in accordance with the test method specified in Section (E).  [originally derived from SJVUAPCD, Rule 4101  -  Visible Emissions, 2005.  At the request of our TAC language was  modified to allow to additional certification options rather than restricting to those offered by CARB]
 Opacity - The degree to which light is prevented from passing through an emission plume.  Its measure is expressed as one (1.0) minus the optical transmittance of a smoke plume, screen target, etc. as determined by the test methods in Section (E) below.  Dark plumes are expressed as numbers 1 through 5 on the Ringelmann Chart, while light plumes are expressed as equivalent percentages.  Thus, Ringelmann 1 corresponds to 20% opacity, Ringelmann 2 corresponds to 40% opacity, Ringelmann 3 to 60% opacity, Ringelmann 4 to 80% opacity, and Ringelmann 5 corresponds to 100% opacity.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
 Ringelmann Chart - The chart used to designate shades of darkness of emissions as published by the United States Bureau of Mines.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
 Visible Emissions - Any Particulate or gaseous matter which can be detected by the human eye.  [derived from SJVUAPCD, Rule 4101  -  Visible Emissions, 2005]
(C)	Requirements
      A person shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminant for a period or periods aggregating more than three minutes in any one hour which is:
(a) 	As dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, or
(b) 	Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a) of this rule.  [Original language from the Rule as approved on July, 25, 1977]
(1)	General Visible Emission Limitations
A Person shall not discharge into the Atmosphere from any emission source whatsoever any air contaminant for a period or periods aggregating more than three minutes in any one hour, which is as observed using the appropriate test method referenced in Section (E):
                  (a)	As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines; or 
                  (b)	Of such Opacity as to obscure an Observer's view to a degree equal to or greater than 20% Opacity, or as described in Subsection (C)(1)(a) above.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012, and HSC §41701]
(2)	Equipment-Specific Visible Emission Limitations
(a)	Abrasive Blasting
                  Notwithstanding the requirements of Subsection (C)(1) above, Abrasive Blasting operations shall not exceed Visible Emissions limits set by Sections 92000 et seq. of Title 17 of the California Code of Regulations, which are 20% Opacity (or equivalent Ringelmann 1) for indoor operations using noncertified Abrasive Blasting material and 40% Opacity (or equivalent Ringelmann 2) for more than 3 minutes in any hour for outdoor operations using the following methods: wet Abrasive Blasting,  hydroblasting, vacuum blasting, or Abrasives Certified for Permissible Dry Outdoor Blasting.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
(b)	Drinking Water Systems
                  Notwithstanding the requirements of Section (C)(1), emissions of Visible Emissions from any diesel auxiliary engine or generator used exclusively to operate a drinking water system shall not exceed Ringelmann 2 (or equivalent 40% Opacity), when operated under emergency circumstances, or operated not more than 30 minutes each week, or two hours each month, under non-emergency circumstances.  {HSC § 417016}  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
(c)	Gas Turbines
                  Notwithstanding the requirements of Section (C)(1), Visible Emissions from gas-fired combustion turbines during Startup and Shutdown may exceed Ringelmann 1 (or equivalent 20% Opacity) for a period of not more than two hours, provided that visible emissions during such Startup and shutdown periods shall not exceed Ringelmann 2 (or equivalent 40% Opacity) for a period or periods aggregating more than three minutes in any one hour.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
(d)	Pile Drivers
                  Notwithstanding the requirements of Section (C)(1), Visible Emissions from pile driver operations shall not exceed Ringelmann 1 (or equivalent 20% Opacity) for no more than 4 minutes per pile, or Ringelmann 2 (or equivalent 40% Opacity) for no more than 4 minutes per pile if operating on kerosene, smoke suppressing additives and synthetic lubricating oil.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012 and Health and Safety Code § 41701.5]
(e)	Federally Regulated Industries
                  In addition to the general visible emission limits of Section (C)(1) above, industries subject to any visible emission limit codified in 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63 shall comply with those limits. [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
(D)	Exemptions
(1)	The provisions of this Rule shall not apply to the following:
(a)	Any open burning performed in compliance with Rule 444 [California Health and Safety Code (HSC) § 41704 (a), (b), (c), and (e)];
(b)	Visible Emissions which result from an Equipment Breakdown, contingent upon emissions event qualifying as a Breakdown, and contingent on timely reporting in accordance with District Rule 430  -  Breakdown Provisions; [derived from TCAPCD, Rule 4:1  -  Visible Emissions, 2007]
(c)	Use of any aircraft to distribute seed, fertilizer, insecticides, or other agricultural aids over lands devoted to the growing of crops or raising of fowl or animals [HSC § 41704 (d)];
(d)	Agricultural Operations necessary for the growing of crops or raising of fowl or animals [HSC § 41704 (g) and (h)];
(e)	The use of Visible Emission generating Equipment in training sessions conducted by governmental agencies necessary for certifying Persons to evaluate visible emissions for compliance with applicable District Rules and Regulations [HSC § 41704 (l)];
(f)	Emissions from vessels using steam Boilers during emergency Boiler Shutdowns for safety reasons, safety and operational tests required by governmental agencies, and where maneuvering is required to avoid hazards [HSC § 41704 (j)];
(g)	Fugitive Dust emissions from rock crushing facilities, where the facilities were in existence prior to January 1, 1970, at a location where the population density is less than 10 Persons per square mile in each square mile within a seven-mile radius of the facilities; provided, however, that under no circumstances shall the emission cause a measureable degradation of the ambient air quality or create a nuisance.  This subdivision does not apply to any rock crushing facilities which:
 Process in excess of 100 tons of rock in any 24-hour period, averaged over any period of 30 consecutive days;
 Have 25 or more employees;
 Fail to operate and maintain in good working order any emission Control Equipment installed prior to January 1, 1978, or; 
 Undergo a change of ownership after January 1, 1977 [HSC § 41704 (i)]. 
(h)	Emissions from vessels during a Breakdown condition, as long as the discharge is reported in accordance with District requirements [HSC § 41704 (k)];
(i)	Smoke emissions from teepee burners during the disposal of forestry and agricultural residues or forestry and agricultural residues with supplementary fossil fuels when the emissions result from the Startup or Shutdown of the combustion process or from the malfunction of emission Control Equipment.  This exemption does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24 hour period, nor to emissions which result from the failure to operate and maintain in good working order any emission Control Equipment [HSC § 41704 (m)];
(j)	Smoke emissions from burners used to produce energy and fired by forestry and agricultural residues with supplementary fossil fuels when the emissions result from the Startup or Shutdown of the combustion process or from the malfunction of emission Control Equipment.  This exemption does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24 hour period, nor to emissions which result from the failure to operate and maintain in good working order any emission Control Equipment [HSC § 41704 (n)];
(k)	Emissions from methanol fuel manufacturing plants which manufacture not more than 2,000,000 gallons of methanol fuel per day from wood, Agricultural Waste, natural gas, or coke (exclusive of petroleum coke).  As used in this Subsection, "manufacturing plant" includes all necessary support systems, including field operations Equipment that provide feedstock.  However, this exemption shall be available to only one methanol fuel manufacturing plant in the District, and is effective only when the District is designated as an "attainment area" pursuant to the Federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) This exemption shall remain in effect with respect to a plant until five years after construction of the plant and shall have no force and effect with respect to the plant on and after that date [HSC § 41704 (o)];
(l)	The use of an obscurant for the purposes of training military personnel and the testing of military Equipment by the United States Department of Defense on any military reservation [HSC § 41704 (p)];
(m)	Fugitive Dust emissions generated for the purposes of training military personnel and the testing of military Equipment by the United States Department of Defense on any military reservation, within the boundaries of said military reservation;
(n)	The use of an orchard, field crop, or citrus grove heater which does not produce unconsumed solid carbonaceous material at a rate in excess of that allowed by State law, which is 1 gram per minute of unconsumed solid carbonaceous material. [HSC § 41704 (f) and 41860].


(E)	Test Methods for Compliance Verification
(1)	Except for any Visible Emission limits codified in 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63, all Visible Emissions determinations shall be in accordance with EPA Method 9 (Visual Determination of the Opacity of Emissions from Stationary Sources) except for the data reduction procedures.  Data reduction shall consist of counting the number of observations above the applicable standard and multiplying that number by 0.25 to determine the minutes of emissions above an applicable standard.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]
(2)	Visible Emissions for any Visible Emission limit codified in 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63 shall be observed in accordance with the observation procedure contained within EPA Method 9 or Method 22 (Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares), as applicable, codified as Appendix A of 40 CFR Part 60.  [derived from MBUAPCD, Rule 400  -  Visible Emissions, 2012]













See SIP Table at http://www.mdaqmd.ca.gov/ 



Appendix "B"
Public Notice Documents


1.	Proof of Publication  -  Daily Press
2.	Proof of Publication  -  Riverside Press Enterprise 

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                      Reservered for Proof of Publication
                           For San Bernardino County
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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.	Draft Notice of Exemption, San Bernardino County has been posted.
2.	Draft Notice of Exemption, Riverside County has been posted.
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Appendix "E"
Bibliography

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

1.	CARB Health and Safety Code, 2019
2.	MBUAPCD, Rule 400  -  Visible Emissions, 2012
3.	SJVUAPCD, Rule 4101  -  Visible Emissions, 2005
4.	SDAPCD, Rule 50  -  Visible Emissions, 1998
5. 	TCAPCD, Rule 4:1  -  Visible Emissions, 2007


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