Eastern Kern Air Pollution Control District (EKAPCD) has announced proposed amendments to Rule 301: Permit Fees, Rule 302: Permit Fee Schedules, Rule 303: Miscellaneous Fees, and Rule 402: Fugitive Dust. Additionally, EKAPCD is proposing to adopt Draft Rule 402.2: Agricultural Operations.

The proposed amendment to Rule 301 involves the nonrefundable filing fee of $120, which is currently credited towards the total application processing fee. The proposed changes to Rule 302 include clarification that Power Generation, Cogeneration and Resource Recovery fees apply to solar facilities, and an additional fee schedule for Agricultural Engine Registration. Rule 303 proposed changes include removal of Section VII (Stationary Agricultural Engine Registration), and increase in the 2015 engineering analysis fees from $88 to $100 per hour.

Rule 402 proposed amendments involve extensive revisions to the definitions, exemptions, and requirements for fugitive dust. In order to enhance clarity and enforcement, several existing definitions have been revised, and new definitions have been added. Proposed changes to the Exemptions section include revision of exemptions for On-field agricultural and Emergency activities, addition of provisions for bulk materials, and deletion of two exemptions pertaining to contractors. Proposed updates to the Requirements section include addition of Bulk Material Control Measures (BMCM), addition of specific requirements for Earthmoving Activities and Carryout/Trackout, and modification of the Fugitive Dust Emission Control Plan requirements for large operations. Requirements for PM10 air monitoring have been revised and moved to a separate section. Additionally, a separate Prohibitions section has been added to prohibit certain types/uses of soil stabilizers and dust suppressants.

Proposed Draft Rule 402.2 applies to agricultural operations. The purpose of this proposed rule is to reduce PM and dust emissions by implementing Best Available Control Measures (BACM). Owners and operators will be required to submit and implement a Conservation Management Practice (CMP) plan.

A public workshop to discuss proposed Rules 301, 302, 303, 402, and 402.2 will be held Tuesday September 16, 2014. All written comments must be submitted to EKAPCD by October 16, 2014.

More information about the proposed updates and workshop can be found on the EKAPCD website here.

Please contact Trinity at (661) 282-2200 with any questions.