Summary of Rule Amendment Efforts
In October 2017, California State Legislature passed Assembly Bill 1647 (Muratsuchi, 2017), which establishes new state mandates for fence-line air monitoring at petroleum refineries and air monitoring in nearby communities. In response to the requirements of AB 1647, the District developed two new regulations that satisfy the new state mandates (Rule 4460 and Rule 3200).
In more detail, District Rule 4460 (Petroleum Refinery Fence-line Air Monitoring) requires subject petroleum refinery owners and operators to install, operate, and maintain fence-line air monitoring systems and make data collected by these systems publicly available. District Rule 3200 (Petroleum Refinery Community Air Monitoring Fees) requires subject petroleum refinery owners and operators to pay an initial fee to recover the District’s cost to purchase and implement refinery-related community air monitoring systems, and pay an annual operations and maintenance fee to recover the District’s community monitoring system maintenance and associated staff time. These community air monitoring systems provide air quality information to the public regarding the levels of pollutants in communities located near petroleum refineries.
In response to a court ruling from September 2021, the District conducted an additional public process to develop amendments and additional technical analyses in support of Rule 4460 and AB 1647 implementation. Through extensive research and a robust public outreach process, the District developed amendments to Rule 4460 and Rule 3200. Additionally, to establish updated detailed guidance and consistency with respect to implementation, the District developed the Rule 4460 Petroleum Refinery Fence-line Air Monitoring Guidelines. The District’s Governing Board adopted the rule amendments and guidelines on October 20, 2022.