Rule Development

Guiding Principles

The guiding principles for our Rule Development Program are:

• Meet our environmental goals in the most efficient and effective manner
• Respect all different points of view and knowledg
• Identify every player with a stake in the outcome of our regulations
• Strengthen and refine our rules to do a better job of protecting the public health, environment and economy of the Bay Area
• Provide businesses maximum flexibility to meet air quality goals in a way that works best for them, allowing them to be cleaner at a lower cost
• Develop and promote voluntary, efficient cooperative programs
• Explore incentives to reduce emissions beyond mandated limits by creating partnerships with business, the environmental community and the public to capture the creativity and ingenuity of all facets of the community

Following is a brief summary of the steps involved in writing a new regulation or modifying an existing regulation.

• Internal Scoping Meeting - the Air District staff meets to discuss an identified air pollution problem.
• Technical Assessment Memorandum - the Air District staff performs a preliminary analysis of the various options for addressing the problem, including an analysis of whether there is a need for a new regulation, or, in the case of an existing regulation, whether amendments are needed.
• Stakeholders Meetings - the Air District conducts meetings with the affected businesses, community groups, and other interested parties to discuss issues, exchange information, and improve communication among the various parties.
• Initial Draft of the Proposed Rule - if, after the technical assessment and stakeholders meetings, a new rule or rule amendment is warranted, the Air District, in consultation with the affected parties, develops a draft rule.
• Workshops - Air District staff conducts one or more public meetings for each new rule or rule modification so that all affected and interested parties can discuss, comment on, and ask questions about the proposed rule.
• CEQA Determination - as a draft rule is developed, a CEQA (California Environmental Quality Act) analysis is begun to determine whether a rule or rule amendment might have any unanticipated adverse environmental impacts.
• Socioeconomic Impact Analysis and Staff Report - once the form of the rule is clear, the District prepares an analysis of the socioeconomic impact of the rule as well as a staff report describing the technical background, emission benefits, and costs associated with the rule or rule amendments.
• Public Hearing - Air District staff presents the rule or amendments to the District's Board of Directors at one of the Board's regularly scheduled meetings. These meetings are always open to the public, and anyone may comment on the proposed rule or amendments during the meeting. At the conclusion of the hearing, the Board decides whether to adopt the rule or amendments.
• Policy and Procedure development - after adoption, staff develops policy to interpret the rule and provide inspection protocol. Policies and Procedures are amended from time to time as necessary.
• SIP Submittal - for rules for which the District has commitments under the Ozone Maintenance Plan or the California SIP (State Implementation Plan), staff assembles a package of rule adoption material and forwards it to CARB (California Air Resources Board) for submittal to the federal EPA.