Minimizing Overlap of New or Amended District Rules and Existing Requirements
A.B. 1061 (Machado) (Chapter 519)
Regulated businesses often face an overlapping array of federal, state and local air pollution requirements applicable to a single operation or source. Assembly Bill 1061 attempts to ensure that future local air district regulations are not duplicative of or inconsistent with existing requirements.
Each local air district is currently required to prepare annually a list of regulatory measures proposed for adoption in the coming year. The Act authorizes any person, within 60 days of a district's publication of the list, to inform that district of any existing federal or state, or proposed or existing district, air pollution control requirement or guideline that applies to the same equipment or source type in that district as a proposed new or amended district rule or regulation on the list. Health & Safety Code § 40727.2(b).
Existing law specifies findings that must be made when a local air district adopts or amends a rule or regulation. The Act requires that each local air district prepare a new written analysis to be considered in making the required findings. The written analysis must identify:
- All existing federal air pollution control requirements that apply to the same equipment or source type as the proposed rule or regulation;
- Any of the district's existing or proposed rules and regulations that apply to the same equipment or source type as the proposed rule or regulation; and
- Other air pollution control requirements or guidelines that apply to the same equipment or source type as the proposed rule or regulation, of which the district was informed following publication of its annual list of regulatory measures. Health & Safety Code § 40727.2(a).
The district's analysis must compare the following elements of the existing air pollution control requirements or guidelines with the corresponding element or elements of the district's proposed new or amended rule or regulation, and specifically note any differences in:
- Averaging provisions, units and any other pertinent provisions associated with emission
limits;
- Operating parameters and work practice requirements;
- Monitoring, reporting and recordkeeping requirements, including test methods, format, content, and frequency; and
- Any other element that the district determines warrants review. Health & Safety Code § 40727.2(c), (d).
For new and amended rules and regulations that do not impose new or more stringent emission limits or monitoring, reporting or recordkeeping requirements, or that are verbatim adoption of certain federal and state standards, the district's analysis need only demonstrate that the new or amended rule or regulation falls into one of those categories. Health & Safety Code § 40727.2(g).
Permit fees--nonvehicular sources
Assembly Bill 1583 (Ch. 713) extends the operation of the California Clean Air Act nonvehicular permit fee provisions until July 1, 1999. These fees fund Air Resources Board activities under the Act. The legislation specifies that, in expending the fee revenues, priority must be given to the following activities:
- Identifying air quality-related indicators to measure or estimate progress in attaining state ambient air quality standards;
- Establishing a uniform methodology for assessing population exposure to air pollutants;
- Updating the State's emission inventory;
- Identifying, assessing and establishing mitigation requirements for the effects of interbasin transport; and
- Updating ARB's guidance to local air districts on ranking stationary source control measures based on their cost effectiveness in reducing air pollution.
From now on, the ARB must report annually to the Governor, in addition to the Legislature, on the expenditure of permit fees collected from nonvehicular sources.
Permit fees--San Diego
Larger local air districts (including the San Diego County Air Pollution Control District) have been prohibited from increasing fees for authority-to-construct permits or permits to operate by more than 15% in any calendar year. Effective January 1, 1998, Assembly Bill 1310 (Ch. 406) allows the San Diego District to assess individual fees for those permits according to the District's actual costs. Starting January 1, 1999, the District may increase any individual permit fee by more than 15% in any fiscal year only if the aggregate increase in existing fees for permits does not exceed 15% in that fiscal year. The District retains this authority so long as specified conditions are met.
Air emission effects of electric utility restructuring
Senate Bill 1305 (Ch. 796) requires the California Energy Commission, the ARB and affected air districts to issue a report to the Legislature assessing the air emission effects of electric utility restructuring. A brief summary of this legislation is located in the Energy section of this Bulletin.
Monitoring fine particles
Assembly Bill 968 (Ch. 518) directs the ARB to develop and conduct an expanded air monitoring program for fine particles of 2.5 microns or smaller (PM2.5). The Act responds to EPA's recent adoption of national ambient air quality standards for PM2.5, and is intended to help ARB and the Legislature plan for future implementation of the federal standards in a manner that reflects the specific nature of California's fine particle air pollution problem. The program must be adequate to characterize population exposure, background conditions and transport influence, and meet other specified criteria.
Disinfectants and aerosol paints
Senate Bill 230 (Ch. 689) prohibits ARB from adopting before December 1, 2003 any regulation to reduce volatile organic compound emissions from disinfectants. The Act directs ARB to ensure that this delay in regulation does not result in loss of emission reductions required under the 1994 State Implementation Plan. Local air districts are absolutely prohibited from adopting regulations pertaining to disinfectants. Existing law requires ARB to adopt regulations to reduce volatile organic compound emissions from the use of aerosol paints by 60% from 1989 baseline emissions. The Act requires inclusion of 1989 acetone emissions in the calculation of the baseline level. In addition, the Act prohibits the adoption of regulations that would require eliminating an aerosol paint product form. The changes pertaining to aerosol paints were enacted in Senate Bill 987 (Ch. 568) and were incorporated into Senate Bill 230 so they would not be superseded.
Odors from compost operations
Under prior law, odors emanating from compost operations were exempt through October 16, 1997 from the general prohibition of air discharges that cause injury, detriment, nuisance or annoyance to, or endanger, the public. Senate Bill 675 (Ch. 788), an urgency measure effective October 8, 1997, extends this exemption until October 8, 2001. The Act also clarifies the provision requiring local air districts to refer complaints of compost operation odors as soon as feasible. The Act specifies that complaints must be referred within 24 hours, or by the next working day, to the local enforcement agency approved by the Integrated Waste Management Board. The Board is directed to convene a working group of local air districts and enforcement agencies to develop odor measurement thresholds, complaint response procedures and enforcement tools, and to implement the working group's recommendations as appropriate by January 1, 2000.
Vehicles--high polluter repair or removal
Assembly Bill 208 (Ch. 802) requires in part that, as of July 1, 1998, smog impact fee revenues be deposited in the High Polluter Repair or Removal Account, rather than the General Fund, and requires that funds in the Account be made available for:
- Assistance in the repair of high polluting vehicles;
- Voluntary accelerated retirement of high polluters; and
- Rulemaking, vehicle testing and other technical work required to implement and administer the repair assistance program operated by either the Department of Consumer Affairs or ARB.
One million dollars must be made available annually to evaluate the emission reduction effectiveness of the M-1 strategy of the 1994 SIP. All remaining funds in the Account must be made available to the program for repair assistance.
The Act also extends until December 31, 1998 the deadline for ARB to adopt a statewide program providing for light-duty vehicle emission reduction credits.
Smog check program
Assembly Bill 1492 (Ch. 803) requires in part that ARB and the Bureau of Automotive Repair design a new vehicle inspection and maintenance (smog check) program to replace the existing program, and submit a report to the Legislature on the program by January 1, 2003. The Inspection and Maintenance Review Committee must review the proposed program by July 1, 2003 and submit a proposed plan to the Legislature.
Amendments to the Connelly-Areias-Chandler Rice Straw Burning Act
Senate Bill 318 (Ch. 745) amends prior law by specifying the number, rather than the percentage, of acres of rice straw that may be burned in certain spring and fall months through the year 2000. Although the amendments allow an overall increase in the number of acres that may be burned, they limit the acreage that may be burned in the fall because of the greater impact on air quality during the fall months.
The definition of "administrative burning" is expanded to add to this exemption from the Rice Straw Burning Act's burn limits the burning of vegetative materials on rice research facilities that do not exceed 2,000 acres and are authorized by the county agricultural commissioner. The legislation also requires ARB to administer a demonstration program for the development of new rice straw technologies (alternatives to burning) through the awarding of grants and establishment of the Rice Straw Demonstration Project Fund.
Refrigerated trailers
In order to prevent confusion concerning whether refrigerated trailers are stationary sources when not in transit, and to prevent inconsistent regulation by local air districts, Assembly Bill 421 (Ch. 418) requires that refrigerated trailers be classified as mobile sources. The ARB must develop statewide regulations by January 1, 2000 to reduce emissions from refrigerated trailers.