Adopted by MBUAPCD Board

December 17, 1986

Resolution No. 86-113


(Adopted: 12/17/86, Revised: 7/1/88)

The following provisions set forth the procedures by which the District shall carry out its authorities and responsibilities pursuant to State law and District Regulations, in adopting, revising, or repealing any District rule or regulation.

  1.   Development of Draft Rules

    District staff shall develop and prepare any draft rule, whether an adoption, revision, or repeal, as is necessary to accomplish its public duties, either upon its own initiative or as directed by the District Board.

  2.   Workshops

  3. a) Upon completion of the staff's draft rule, the Air Pollution Control Officer (APCO) may convene any public workshop as may be necessary to assure complete consideration of public and industry viewpoints in the formulation of the draft rule before it is proposed to the District Board for adoption.

    b) In exercising his discretion as to whether to convene any workshops, the APCO shall be guided by these criteria:

      (i) Workshops are extraordinary functions, to be employed only when the draft rule is so significant, or so comprehensive that input from the public, or from the regulated industry, or both, are necessary to assure that all diverse factors have been considered, including, but not limited to, technological feasibility, economic considerations, desirability and necessity, degree of urgency, and other factors affecting the District's decision.

      (ii) A workshop shall be convened whenever determined as necessary by the APCO or when so directed by the District Board.

  4. Advisory Committee Review

    a) Upon completion of the staff's draft rule, and independent of whether any workshop has been covened, the APCO may present any draft rule for District Advisory Committee review as may be necessary to assure complete consideration of a draft rule before it it proposed to the Board for adoption.

    b) In exercising his discretion as to whether to present a draft rule to the Advisory Committee for review, the APCO shall be guided by these criteria:

    1. (i) Advisory Committee review is not necessary for each and every rulemaking activity undertaken by the District.  Nevertheless, Advisory Committee consideration is desirable in many cases, especially where the draft rule involves a high degree of discretion in the selection of means to accomplish the regulatory goal, or where the draft rule is so significant or comprehensive that Advisory Committee review is necessary to assure proper consideration of the necessity for, and means selected to accomplish, the proposed rulemaking action.

      (ii) Advisory Committee review shall be provided whenever determined as necessary by the APCO or when so directed by the District Board or by the Advisory Committee.

  5. Setting Proposed Rule for Hearing; Notice

    a) The APCO may set a proposed rule for public hearing before the District Board at such time as the draft rule has received sufficient review and development that he believes it is suitable for Board action, or at such time as is directed by the District Board.

    b) The District shall give notice of the time and place of the public hearing to consider the proposed rulemaking, which shall include a copy of the rule proposed to be adopted, revised, or repealed and a summary of the effect of the proposal, not less than 30 days prior to the hearing to the Air Resources Board (ARB).  Such notice shall also be published once in one newspaper of general circulation in each county in the District at least 30 days prior to the hearing.

    c) The published notice shall invite written public comment and indicate the name, address, and telephone number of the District officer to whom comments should be addressed, and the date by which the comments must be received.

  6.   Public Hearing; Findings

    a) The public hearing before the District Board shall provide for submission by the public of statements, arguments, or contentions, oral, written, or both.  The Board may continue or postpone the hearing to a time and place as it shall determine. After considering all relevant matters presented, the Board may adopt, revise, or repeal a rule unless the Board makes changes in the text originally made available to the public that are so substantial as to significantly affect the meaning of the proposed rule.  The Board shall not take action on a changed text before its next regular meeting, and shall allow further statements, arguments, and contentions to be made and considered prior to taking final action.

    b) Before adopting, revising, or repealing a rule, the Board shall make findings of necessity, authority, clarity, and consistency as defined below:

    1. (i) "Necessity" means that a need exists for the proposed rulemaking, as demonstrated by the record.

      (ii) "Authority" means that a provision of law or of a state or federal regulation permits or requires the District to take the rulemaking action proposed.

      (iii) "Clarity" means that the rulemaking is written or displayed so that its meaning is easily understandable to those affected by it.

      (iv) "Consistency" means that the rulemaking is harmonious, and not contradictory to or in conflict, with existing statutes, court decisions, or state or federal regulations.

  7. Official Record

    The District shall maintain a file of each rule, which shall constitute the official record for that rulemaking proceeding.  The file shall include the following:

    a) Copies of any petitions received by the District from interested persons proposing the adoption, amendment, or repeal of the rule;

    b) Copies of published notices of public hearings;

    c) All data and other factual information, studies or reports, and written comments submitted to the District in connection with the noticed proposed rulemaking;

    d) A transcript, recording, or minutes of any public hearing concerning the rulemaking; and

    e) The text of the noticed rule adoption or revision as originally proposed, and the modified text, if any, that was made available to the public prior to the final action.

  8.   Disposition of Adopted Rule, Revision, or Repeal

    a) The District shall submit the adopted, revised, or repealed rule, along with a copy of the hearing notice(s), to ARB Technical Support Division, SIP Section within 30 days of the final action.

    b) The District shall transmit the new, revised, or repealed rule to all subscribers of the District's Rulebook Update Service in its final format for inclusion in the Rulebook.