Rule 118 Executive Order #01-01

Extended to December 31, 2001

WHEREAS, District Rule 118 authorizes the Executive Officer to suspend all or part of any District rule for emergency activities in up to 10-day increments during a state of emergency declared by the Governor; and

WHEREAS, on January 17, 2001, the Governor proclaimed a State of Emergency resulting from the imminent threat of widespread and prolonged disruption of electrical power; and

WHEREAS, the Governor’s proclamation declared that a condition of extreme peril to the safety of persons and property within the state exists by virtue of the threat of disruption of electrical power, particularly disruption of power to emergency services, law enforcement, schools, and hospitals; and

WHEREAS, diesel engines used for emergency power purposes can emit significant amounts of air pollution that adversely affects public health; and

WHEREAS, under the provisions of Rule 118(d)(1) I hereby determine and declare that strict compliance with Rules 1110.2, 1401, and 1303, for emergency internal combustion engines at certain essential public services, would delay critical actions necessary to protect public health and safety and for emergency power generation; and

WHEREAS, in order to protect public health from the adverse effects of air pollution resulting from the operation of such engines in excess of 200 hours it is necessary to impose reasonable conditions on such operations; and

WHEREAS, the Environmental Protection Agency has issued a letter allowing the use of emergency engines for up to 500 hours during electrical power crises with certain restrictions;

NOW, THEREFORE, pursuant to the authority vested in me pursuant to District Rule 118(d)(1) I hereby suspend applicable sections of Rules 1110.2, 1401, 1303, and any permit conditions limiting hours of operation of internal combustion engines or prohibiting operation during an actual or imminent power blackout at essential public services, as defined herein, provided that:

  • such engines operate only during an imminent or actual blackout within the utility service area where the facility is located is ordered by the Independent Systems Operator (ISO); or 
  • such engine is operated when the facility is directly affected by a blackout associated with weather or other conditions beyond the control of the facility; and 
  • each engine does not operate for more than 500 hours in any one year; and 
  • the engine operator uses diesel fuel not exceeding 15 ppm sulfur, or cleaner fuel, when reasonably available, in replacing existing supplies of fuel. 
For purposes of this order, essential public services are defined as follows:

  • sewage treatment facilities which are publicly owned or operated; 
  • prisons and jails; 
  • police facilities; 
  • fire fighting facilities; 
  • K-12 schools; 
  • hospitals and other health-care facilities; 
  • construction and operation of a landfill gas control or processing facility; 
  • potable water delivery operations; 
  • public transit; 
  • switchboard and dispatch centers for emergency (911) operations; and 
  • critical military defense operations. 
This order expires on Saturday, February 3, 2001, at noon, or when the State of Emergency declared by the Governor on January 17, 2001, ceases to exist, whichever is earlier.

DATED: January 26, 2001

Executed at Diamond Bar, California, on January 26, 2001.