Due to recent compliance enforcement issues, SCAQMD is proposing an amendment to Rule 408 - Circumvention. The rule was introduced on May 7, 1976 and prohibits the dilution of air pollutants in order to conceal quantities of pollutant emissions that would otherwise be in noncompliance with the Health and Safety Code and SCAQMD rules and regulations. The amendment seeks to clarify the original language and adds two new sections. The major changes to the rule are as follows:

  • The language is clarified to show the SCAQMD's authority to enforce Rule 408 for any violation of "law, regulation, rule, permit, order, or plan required by rule."
  • A section is being added to specify that using any techniques to hide emissions during monitoring would violate the rule. In addition, facilities cannot make temporary alterations to business operations or equipment to appear in compliance during monitoring.
  • Because muisance odors can be concealed and suppressed by equipment or techniques, a section is being added to specify that a facility can do this only if other emissions that would be violations of the rule are not also concealed or suppressed.

For more information regarding compliance with the proposed rule changes, please contact our Irvine office at (949) 567-9880 or visit the District's website.