Making Rules
Making rules includes both the adoption of new rules and the revision of existing
rules. The process emphasizes opportunities for public input in order to address
the concerns of affected businesses and community groups and to ensure an
understandable, workable, and enforceable rule.
The APCD's Rule Development Section in the Major Source Division coordinates
this process and assigns a designated contact for each rule. Public input to
rule development is actively sought and an effort is made to identify all
parties that may be affected by the rule. These parties are kept informed
throughout the process by mailings which note public forums where the rule will
be discussed, locations where the draft rule may be reviewed, how to submit
comments, and the date, time, and place of the public hearing where the rule
will be considered for adoption. The APCD posts current rulemaking activities on
our Web Site.
The following diagram shows the rule development process schematically. A
description of each step follows.
Draft Rule
All rules get their start by someone identifying the need for a new
requirement. Often this is in the form of a legal mandate such as the Clean Air
Plan adopted by the APCD Board of Directors to bring the county into compliance
with clean air standards. Other rules originate from specific state or federal
mandates, or special public health concerns.
- The rulemaking staff review existing APCD rules to determine if the need
can be addressed through revision of an existing rule.
- The rulemaker solicits input on the new or modified rule from staff
involved in permitting, monitoring, modeling, and enforcement.
- The APCD reviews relevant guidance provided by the U.S. Environmental
Protection Agency (EPA), the California Air Resources Board (ARB), and other
districts' rules.
- The rulemaker prepares an outline of the rule.
- District staff evaluates the new or modified rule under the California
Environmental Quality Act (CEQA) requirements.
- Staff prepares a draft rule.
Public Workshops
(Note: The APCD may decide a public workshop is unwarranted.)
The APCD presents the draft rule to the public in workshops that are
advertised in the newspaper. The public notices indicate where a copy of the
draft rule may be reviewed, and how to submit written comments to the APCD. At
the workshops, the rule is explained and the public may ask questions, make
suggestions, and submit comments. The rulemaker also seeks comments from the EPA
and ARB.
Community Advisory Council Meetings
The APCD presents proposed new and revised rules to the Community Advisory
Council (CAC). The APCD Board of Directors appoints members to this group. The
CAC makes recommendations to the APCD Board regarding the adoption of draft
rules. Before making a recommendation to the Board, the CAC may ask for
additions, corrections, amplification, or deletions of provisions in the staff
report, Board adoption package, or the draft rule. The public is permitted to
participate during CAC meetings.
Proposed Rule
Based on comments from the public, industry, CAC, and other agencies, the
rulemaker revises the draft rule and the APCD proposes it for adoption.
Staff Report
(Note: The APCD may decide a staff report is unwarranted. In such cases, the
rulemaker uses an expanded version of the Board adoption package in lieu of a
staff report.)
The rulemaker prepares a detailed staff report during the rule development
process and finalizes it before the rule adoption hearing. The staff report
explains why the rule is necessary, the types of businesses that will be
affected by the rule, ways in which those businesses may comply with the rule,
estimated compliance costs and pollution reduction benefits of the rule, and
APCD responses to public comments received.
Rule Adoption Hearing
The APCD's Board of Directors formally adopts the new or modified rule at a
public hearing. The APCD's Board of Directors is made up of the same individuals
as the County Board of Supervisors plus representatives from each city in Santa
Barbara County. By law, the APCD is required to publish a public notice in a
local newspaper at least 30 days in advance of the adoption hearing. The APCD
typically publishes ads in the Santa Barbara News Press. The public may comment
on the proposed rule at the hearing.
The Board of Directors may adopt the proposed rule at the scheduled hearing
or, if there are unresolved issues, it may postpone the adoption hearing until a
later date.
Post Adoption Activities
After the rule is formally adopted, the APCD distributes a copy of the
adopted rule to subscribers of the APCD's rule update service (see below). The
APCD enforcement staff may also arrange a public workshop to explain the new
requirements to affected businesses and industries.
How to Stay Informed
A copy of the APCD's Rules and Regulations can be obtained from the APCD for
a nominal fee. To be kept informed of rule changes, you can also subscribe to
the following individual services: rule updates, public notices of workshops and
Board hearings, copies of draft and proposed rules, and staff reports. The APCD
also posts the rulebook and rulemaking activities at
Download Rules.
For more information on rulemaking, contact
Ron Tan, Supervisor of the Rule
Development Section, at 805.961.8812.
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