The purpose of the proposed amendments is to ensure that existing regulatory requirements in Regulation 9, Rule 11 continue to apply to all electric power generating steam boilers in the District, regardless of California Public Utility Commission (CPUC) regulatory status or facility ownership. The current Rule identifies the affected power plants as CPUC-regulated utilities. The rule amendments maintain rule applicability even if the power plants become non-CPUC-regulated entities as envisioned by state law, AB 1890, electric industry restructuring.

The proposed amendments will also: 1) clarify the definition of "electric utility power generating system" to recognize industry divestiture and allow emission averaging for multiple facilities under common ownership as allowed by the current Rule; 2) streamline the definitions of "electric system emergency" and "force majeure natural gas curtailment"; and 3) prevent "backsliding" to less stringent emission limits due to industry restructuring.

Pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), District staff has conducted an initial study for the proposed amendments to Regulation 9, Rule 11 and has concluded that the proposed amendments would not have significant environmental impacts. Notice is hereby given that the District intends to adopt a negative declaration for the proposed amendments to Regulation 9, Rule 11 pursuant to Public Resources Code Section 21080(c) and CEQA Guidelines 15070 et seq. 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, California, 94109. Comments must be received by 5:00 p.m. on Monday, May 8, 2000.

A copy of Regulation 9, Rule 11, Nitrogen Oxides and Carbon Monoxide from Utility Electric Power Generating Boilers, is attached. Proposed new language is underlined; language proposed to be deleted is lined through. Copies of the Staff Report and proposed Negative Declaration study are available upon request. Questions and written comments regarding this proposed rulemaking should be directed to Kenneth Lim at 415-749-4710, or by electronic mail at klim@baaqmd.gov. Written comments must be received by the District prior to 5:00 p.m. on Wednesday, May 3, 2000.