Amendments to Regulation 8, Rule 40 are being proposed in order to achieve emission reductions as part of the Final San Francisco Bay Area Ozone Attainment Plan (OAP) adopted June 1999. A key plan element of the OAP is the Emission Inventory of Volatile Organic Compounds (VOC). Using 1995 as a base year, the Emission Inventory found that uncontrolled aeration of contaminated soil in the Bay Area results in emissions of 4.1 tons per day of VOC. The proposed amendments to Regulation 8, Rule 40 would prohibit uncontrolled aeration of contaminated soil beyond set exemption limits, effective June 1, 2000. Adoption of the proposed amendments is estimated to result in emission reductions of between 2.6 and 2.8 tons per day of VOC.

Attached to this notice is a copy of the amended rule. Proposed new language is underlined, and language proposed to be deleted is lined through. Major amendments to Regulation 8, Rule 40 include:

• Effective June 1, 2000, uncontrolled aeration of contaminated soil may not be performed.
• Contaminated soil is defined as soil having an organic content exceeding 50 part per million by weight (ppmw).
• Provisions are added for the use of an Organic Vapor Analyzer (OVA) as a real time monitor of compliance.
• Exemption for soil contaminated with compounds of low-volatility as determined by vapor pressure.
• Exemption for small volumes of contaminated soil or that due to limited accidental spills.
• Emission reduction measures for excavation and removal of contaminated soil.
• More specific reporting requirements for soil excavations and tank removals.

Pursuant to the California Environmental Quality Act, the District has conducted an initial study for the proposed amendments to Regulation 8, Rule 40 and has concluded that they would not have significant environmental impacts. Notice is hereby given that the District intends to adopt a negative declaration for the amendments. Written comments on the proposed negative declaration must be addressed to Ellen Garvey, Executive Officer/Air Pollution Control Officer, Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, 94109.

The proposed regulation may be viewed on the District's website at www.baaqmd.gov. Hard copies of the revised regulation are available on request from the District office. If you want a copy of the regulation, a staff report or the negative declaration, please contact the Permit Services Division at (415) 749-4990. If you have any questions or comments regarding the proposed amendments, please contact Robert Cave at (415) 749-5048 or by e-mail at rcave@baaqmd.gov. All written comments on the proposed amendments or the negative declaration must be received by 5:00 p.m. on Monday, November 8, 1999.

EG:RAC