Proposed Amended Rule 1401.1 – Requirements for New and Relocated Facilities Near Schools


SCH Number
Public Agency
South Coast Air Quality Management District
Document Title
Proposed Amended Rule 1401.1 – Requirements for New and Relocated Facilities Near Schools
Document Type
NOE - Notice of Exemption
Document Description
Rule 1401.1 contains a facility-wide Maximum Individual Cancer Risk (MICR) of one in one million, plus non-cancer acute hazard index (HI) and chronic HI requirements for new and relocated facilities emitting toxic air contaminants (TACs) near schools. Rule 1401.1 currently defines a school as a public or private center used for educating 12 or more children in kindergarten and grades 1 to 12, inclusive. Proposed Amended Rule 1401.1 (PAR 1401.1) will extend the health protection features of existing Rule 1401.1 to include early learning and development programs, including those centers that serve pre-kindergarten children, consistent with the findings on early-life exposure from the Office of Environmental Health Hazard Assessment. PAR 1401.1 will also improve clarity and consistency with other South Coast AQMD air toxic rules by: 1) removing the unimproved school property language in the current version of Rule 1401.1 because children may still be present in some unimproved areas and those currently unimproved areas could be developed or improved in the future; 2) clarifying that an evaluation of a permit application will be based on the version of Rule 1401.1 in effect at the time a permit application is deemed complete; and 3) making corrections to some table references. For any new or relocated facility sited near an early learning and/or developmental center that submits permit applications for new or modified equipment, implementation of PAR 1401.1 could benefit those who work at and attend early learning and development centers and other nearby receptors by ensuring that the risk of exposure to TACs is minimized through enforceable permit conditions.

Contact Information

Sina Taghvaee
Agency Name
South Coast AQMD
Job Title
Air Quality Specialist
Contact Types
Lead/Public Agency


Los Angeles, Orange, Riverside, San Bernardino
Other Information
The proposed project is located within the South Coast Air Quality Management District’s (South Coast AQMD) jurisdiction, which includes the four-county South Coast Air Basin (all of Orange County and the non-desert portions of Los Angeles, Riverside, and San Bernardino counties), and the Riverside County portion of the Salton Sea Air Basin and the non-Palo Verde, Riverside County portion of the Mojave Desert Air Basin.

Notice of Exemption

Exempt Status
Type, Section or Code
15061 (b)(3)
Reasons for Exemption
South Coast AQMD, as Lead Agency, has reviewed the proposed project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a project is exempt from CEQA. PAR 1401.1 expands the definition of a school and makes other administrative changes but does not contain any new provisions that would require physical modifications to new or relocated facilities subject to the rule. Thus, it can be seen with certainty that implementing the proposed project would not cause a significant adverse effect on the environment, and is therefore, exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption.
County Clerks
Los Angeles, Orange, Riverside, San Bernardino


Notice of Exemption

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