Proposed Amendments to Regulation 2 - ADOPTED
The Board of Directors adopted the proposed amendments to Regulation 2 on December 19, 2012. PLEASE NOTE THAT THE AMENDMENTS TO THE NSR AND TITLE V PERMITTING RULES (Regulation 2, Rules 1, 2 and 6) WILL NOT BECOME EFFECTIVE UNTIL THEY ARE FINALLY APPROVED BY EPA. Until EPA approves the amendments, the existing NSR and Title V rules in Regulation 2, Rule 1 (General Requirements), Regulation 2, Rule 2 (New Source Review) and Regulation 2, Rule 6 (Major Facility Review) – i.e., the versions that were in effect prior to December 19, 2012 – will continue to be the effective and legally binding permitting rules of the Bay Area Air Quality Management District. The current effective versions of these rules are posted on the District’s Rules and Regulations web page at www.baaqmd.gov/Divisions/Planning-and-Research/Rules-and-Regulations.aspx. The amended versions, which will take effect upon final approval by EPA, are set forth below:
The amendments to the emissions banking rules in Regulation 2, Rule 4 are effective immediately, however. These amendments to Regulation 2, Rule 4 provide a mechanism for holders of existing banking certificates for banked particulate matter emission reduction credits to determine the amount of PM2.5 emissions and condensable particulate matter emissions reflected in their existing banked credits (among other elements). The amended Regulation 2, Rule 4 is currently in effect and is available on the District’s Rules and Regulations web page listed above.
When EPA approves the amendments, it will publish notice of such approval in the Federal Register and will specify the effective date of such approval. The District will be closely monitoring EPA’s approval process and will make every effort to update the District’s website in advance of the amendments to Regulation 2, Rules 1, 2 and 4 becoming legally effective. Interested members of the public are advised to monitor the Federal Register for definitive information on the status of EPA’s approval and the legal effectiveness of the amended regulations, however.
The information provided below on the rest of this page is historical information from the rule development process that resulted in the adoption of these amendments Regulation 2 by the Board of Directors. District Staff would like to thanks all members of the public who participated during the process.
Purpose
Regulation 2 specifies the requirements for permits issued by the Air District. These permitting programs protect public health and welfare from criteria pollutant and greenhouse gas emissions.
The proposed amendments to Regulation 2 are intended to:
- Incorporate new U.S. EPA requirements for particulate matter less than 2.5 micrometers (PM2.5) and Greenhouse Gases (GHG) in New Source Review (NSR) and Title V permitting.
- Help the District obtain an EPA- approved Prevention of Significant Deterioration (PSD) permitting program (including new nitrogen oxides (NO2) requirements).
- Increase the clarity and efficacy of the District’s NSR and Title V permitting rules.
- Implement Best Available Control Technology requirements for PM2.5 and public notice and comment requirements for NSR permits at more stringent levels than required by EPA.
Rules Affected
The amendments will affect major facilities in the Bay Area, such as refineries and power plants, as well as smaller facilities, like gas stations and dry cleaners, when applying for new or modified permits. The proposed revisions affect the rules outlined below:
- Rule 2-1: Permits - The purpose of Regulation 2 is to provide an orderly procedure for the review of new sources of air pollution, and of the modification and operation of existing sources, and of associated air pollution control devices, through the issuance of authorities to construct and permits to operate.
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Rule 2-2: New Source Review - This rule applies to all new and modified sources that are subject to the permitting requirements of Section 2-1-301 and/or 2-1-302. The purpose of this Rule is to implement the New Source Review provisions of the federal and California Clean Air Acts.
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Rule 2-4: Emissions Banking - The banking of emission reduction credits is intended to provide a mechanism for sources to obtain offsets under the New Source Review regulations contained in Regulation 2, Rule 2 of the Air District and is not intended to recognize any pre-existing vested right to emit air pollutants.
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Rule 2-6: Major Facility Review - The purpose of this rule is to implement the operating permit requirements of Title V of the federal Clean Air Act as amended in 1990. This rule applies to major facilities, Phase II acid rain facilities, subject solid waste incinerator facilities and any facility in a source category designated by the Administrator of the EPA in a rulemaking as requiring a Title V permit.
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No Comments Received for the Draft EIR
The comment period for the draft EIR ended on October 22, 2012. No comments were received on the Draft EIR.
Written Comments for the Final Proposed Amendments to Regulation 2 Received
The comment period for the final proposed amendments ended on October 26, 2012. The following are the comments that were received. The date indicated the date when the comments were received.
Staff has reviewed the comments and provided responses to these comments. The District's responses to comments document proceed the comments received correspondence. |
Public Hearing
Notice is hereby given that the Board of Directors of the Bay Area Air Quality Management District will conduct a public hearing on November 7, 2012 at
District Headquarters’ Board Room
939 Ellis Street, San Francisco, CA 94109
at approximately 9:45 a.m. to consider:
(1) adoption of proposed amendments to the following rules in District Regulation 2 Permits –
- Rule 1: General Requirements;
- Rule 2: New Source Review;
- Rule 4: Emissions Banking; and
- Rule 6: Major Facility Review; and
(2) adoption of a District Emissions Inventory for fine particulate matter (PM2.5) for year 2010.
The proposed amendments to Regulation 2 and the District Emissions Inventory will be submitted to the United States Environmental Protection Agency (EPA) to revise the California State Implementation Plan as required by the federal Clean Air Act, including sections 110 and 172, and Title 40 of the Code of Federal Regulations (CFR), Part 51. The proposed amendments relating to Title V of the Clean Air Act will be submitted to EPA for approval under 40 CFR Part 70.
Please see the document entitled “Notice of Public Hearing” below for more details.
COMMENT PERIOD
Written comments relating to the proposed amendments should be addressed to Ms. Carol Lee, Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109. Written comments also can be sent by fax to (415) 749-5030 or by e-mail to clee@baaqmd.gov. Written comments on the proposed amendments will be received during the period from Wednesday, September 26, 2012 until 5:00 p.m. on Friday, October 26, 2012.
| 9/26/2012 | Notice of Public Hearing(20 k PDF, 2 pgs) | Final Proposed Amendments to Reg. 2-1, Clean Copy(266 k PDF, 35 pgs)
Final Proposed Amendments to Reg. 2-1, Redline (318 k PDF, 40 pgs)
Final Proposed Amendments to Reg. 2-2, Clean Copy(243 k PDF, 19 pgs)
Final Proposed Amendments to Reg. 2-2, Redline Version(376 k PDF, 33 pgs)
Final Proposed Amendments to Reg. 2-4, Clean Copy(109 k PDF, 10 pgs)
Final Proposed Amendments to Reg. 2-4, Redline Version(112 k PDF, 10 pgs)
Final Proposed Amendments to Reg. 2-6, Clean Copy(242 k PDF, 21 pgs)
Final Proposed Amendments to Reg. 2-6, Redline Version(253 k PDF, 22 pgs)
Final Staff Report – September 26, 2012(1 Mb PDF, 147 pgs)
CAA 110(l) Exemption Analysis(360 k PDF, 14 pgs) |
Draft Environmental Impact Report
Notice is hereby given pursuant to California Public Resources Code §§ 21091, 21092, 21092.2, and 21092.3, and CEQA Guidelines §§ 15086 and 15087, that the Bay Area Air Quality Management District (BAAQMD or District), as lead agency, has prepared a Draft Environmental Impact Report (EIR) in connection with the project described in this notice.
The proposed amendments to the District’s NSR and Title V permitting programs in Regulation 2 are intended to and expected to benefit public health and the environment. In particular, the proposed amendments will add new permitting requirements for PM2.5 and GHGs, which will help implement regulatory efforts to reduce emissions of these important air pollutants. The District has evaluated the potential for the proposed amendments to result in any significant adverse environmental impacts in the Draft EIR. The Draft EIR concludes that the project will not cause any significant adverse environmental impacts.
COMMENT PERIOD
The District requests comments on the Draft Environmental Impact Report. Comments should be addressed to Ms. Carol Lee, Bay Area Air Quality Management District, 939 Ellis Street, San Francisco CA, 94109. Comments may also be sent via fax to 415-749-5030 or by e-mail to clee@baaqmd.gov. Comments must be received during the comment period from September 7, 2012 until 5:00 pm on October 22, 2012.
| 9/6/2012 | Notice of Completion(151 k PDF, 2 pgs) | Draft Environmental Impact Report - Table of Contents(148 k PDF, 5 pgs)
Draft Environmental Impact Report - Chapter 1(379 k PDF, 25 pgs)
Draft Environmental Impact Report - Chapter 2(594 k PDF, 21 pgs)
Draft Environmental Impact Report - Chapter 3(847 k PDF, 61 pgs)
Draft Environmental Impact Report - Chapter 4(234 k PDF, 10 pgs)
Draft Environmental Impact Report - Chapter 5(276 k PDF, 4 pgs)
Appendix A: Notice of Preparation and Initial Study(10 k PDF, 1 pg)
Notice of Preparation of Draft Environmental Impact Report(174 k PDF, 2 pgs)
Initial Study for CEQA(1 Mb PDF, 76 pgs)
Appendix B: Proposed Rule Amendments(3 k PDF, 1 pg)
Proposed Amendments to Regulation 2-1 (Clean Copy)(264 k PDF, 35 pgs)
Proposed Amendements to Regulation 2-1 (Redline Copy)(333 k PDF, 41 pgs)
Proposed Amendments to Regulation 2-2 (Clean Copy)(240 k PDF, 19 pgs)
Proposed Amendments to Regulation 2-2 (Redline Copy)(416 k PDF, 33 pgs)
Proposed Amendments to Regulation 2-4 (Clean Copy)(49 k PDF, 10 pgs)
Proposed Amendments to Regulation 2-4 (Redline Copy)(129 k PDF, 10 pgs)
Proposed Amendments to Regulation 2-6 (Clean Copy)(241 k PDF, 21 pgs)
Proposed Amendments to Regulation 2-6 (Redline Copy)(329 k PDF, 22 pgs) |
Written Comments for the Second Draft Received
The comment period for the second draft ended on June 25, 2012. The following are the comments that were received. The dates indicated the dates when the comments were received.
Staff has reviewed the comments and provided responses to these comments. The District's responses to comments document proceed the comments received correspondence. |
Public Workshop And Workgroup Meetings
A Notice of Preparation and Initial Study was developed for the proposed draft amendments. The deadline for comments on the Notice of Preparation and Initial Study was July 16, 2012. A CEQA scoping meeting is held on July 10, 2012 for the Environmental Impact Report (EIR) for the proposed amendments. All interested agencies, organizations and individuals were invited to attend this scoping meeting to discuss the CEQA review process and the scope and content of the EIR. No comments were received.
Documents
Second Draft Developed
The following documents were developed as a result of the public comments received and discussions with EPA and CARB. For the proposed amendements to Regulation 2-1 and 2-2, the track-changes documents show changes that staff have made to their proposal since the first draft based on consideration of the comments received and also changes made from the current rules. A technical working group meeting was held on June 7, 2012 to discuss theses revised amendments.
Background Report for Second Draft Amendments and Responses to Comments in First Draft(982 k PDF, 93 pgs)
Proposed Reg 2-1 Second Draft, Clean Copy All Changes Accepted(264 k PDF, 35 pgs)
Proposed Reg 2-1 Second Draft, Track Changes from First Draft(374 k PDF, 37 pgs)
Proposed Reg 2-1 Second Draft - Track Changes from Current Rule(332 k PDF, 40 pgs)
Proposed Reg 2-2 Second Draft, Clean Copy All Changes Accepted(305 k PDF, 19 pgs)
Proposed Reg 2-2 Second Draft, Track Changes from First Draft(403 k PDF, 20 pgs)
Proposed Reg 2-2 Second Draft - Track Changes from Current Rule(507 k PDF, 32 pgs)
Proposed Reg 2-4 Second Draft, Track Changes from Current Rule(125 k PDF, 10 pgs)
Proposed Reg 2-6 Second Draft, Same as First Draft no further changes(329 k PDF, 22 pgs) |
Written Comments Received
The original comment period was scheduled to end on March 2, 2012. At the request of members of the public, the Air District continued to accept comments through March 27, 2012. The following are the comments that were received. The dates indicated are the dates of the first and later second comment period.
| 3/2/2012 | Avogadro Comments(161 k PDF, 2 pgs)
Citizens for a Better Environment Comments(151 k PDF, 6 pgs)
- CBE Attachment 1(1 Mb PDF, 14 pgs)
- CBE Attachment 2(1 Mb PDF, 6 pgs)
- CBE Attachment 3(1013 k PDF, 6 pgs)
- CBE Attachment 4(148 k PDF, 3 pgs)
- CBE Attachment 5(567 k PDF, 6 pgs)
- CBE Attachment 6(2 Mb PDF, 20 pgs)
California Council for Environmental and Economic Balance Comments(131 k PDF, 1 pg)
Lawrence Livermore National Laboratory Comments(204 k PDF, 2 pgs)
Tesoro Refinery Comments(60 k PDF, 2 pgs)
Valero Refinery Comments(4 Mb PDF, 12 pgs)
Western States Petroleum Association Comments (48 k PDF, 3 pgs) |
| 3/22/2012 | Bay Area Environmental Health Collaborative Comments(29 k PDF, 3 pgs)
Bay Localized Comments(168 k PDF, 2 pgs)
California Council for Environmental and Economic Balance Comments(167 k PDF, 4 pgs)
Calpine Corporation Comments(691 k PDF, 9 pgs)
PG&E Comments(138 k PDF, 4 pgs)
Shell Refinery Comments(744 k PDF, 7 pgs)
United Airlines Comments(376 k PDF, 6 pgs)
Western States Petroleum Association Comments (254 k PDF, 21 pgs) |
Staff has reviewed and considered all comments received. In addition, staff has conferred with the United States Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) regarding the amendments. |
Public Workshop And Workgroup Meetings
A public workshop/live webcast was held on February 22, 2012 providing a presentation of the proposed changes.
The Rule Development Workshop Webcast Archive
(Silverlight or Windows Media Player Required; streaming archive includes integrated agenda with video jump-points) | Need Webcast Support?
At the request of workshop attendees, three additional workgroup meetings were held to discuss the proposed changes in detail. All the workshop attendees were invited to attend these workgroup meetings. In addition, a general invitation was posted on the Rule Development website for others who may not have been able to attend the workshop. The workgroup meetings were held on Febuary 28, March 8, and March 20, 2012. The following are the documents that were produced and made available for each of the workshop and workgroup meetings. The dates indicated are the dates of each meeting.
| 2/22/2012 | Workshop Notice(521 k PDF, 5 pgs)(Languages - Document available in: 中文 | Español)
Workshop Flyer(441 k PDF, 2 pgs)(Languages - Document available in: 中文 | Español) | Workshop Report(248 k PDF, 12 pgs)
Rule 2-1 Draft Amendments Summary(365 k PDF, 16 pgs)
Rule 2-2 Draft Amendments Summary(456 k PDF, 27 pgs)
Rule 2-4 Draft Amendments Summary(7 k PDF, 1 pg)
Rule 2-6 Draft Amendments Summary(163 k PDF, 4 pgs)
Draft Amendments to Rule 2-1: Permits(317 k PDF, 39 pgs)
Draft Amendments to Rule 2-2: New Source Review(160 k PDF, 33 pgs)
Draft Amendments to Rule 2-2, Clean Version(134 k PDF, 18 pgs)
Draft Amendments to Rule 2-4: Emissions Banking(36 k PDF, 6 pgs)
Draft Amendments to Rule 2-6: Major Facility Review(259 k PDF, 22 pgs) |
| 3/8/2012 | Technical Workgroup Meeting Notice(83 k PDF, 1 pg) | N/A |