2| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

ozone emissions and bring Imperial County into compliance with the California Ambient 

Air Quality Standards (CAAQS) for Ozone by the earliest practicable date. 

On December 03, 2009 (74 FR 63309) the U.S. EPA published is final ruling finding that 

the Imperial County attained the 8-hour NAAQS for ozone. The determination by the 

U.S. EPA was based upon three years of certified ambient air monitoring data 

supporting the finding that the Imperial County reached attainment of the 8-hour ozone 

NAAQS as demonstrated by complete, quality-assured ambient air monitoring data for 

the 2006-2008 year period. Because this determination suspends certain planning 

requirements and to comply with SIP submittal requirements, the Imperial County is 

required to submit for U.S. EPA approval an “8-hour Ozone Air Quality Modified Plan”. 

The “8-hour Ozone Air Quality Modified Plan” will include RACT SIP determination of 

which the newly proposed and amend rules are part of.

II. DISCUSSION OF LEGAL REQUIREMENTS

A. Required Elements and Findings

Before adopting, amending or appealing any rule or regulation the Governing Board of 

the ICAPCD is required to make specific findings of necessity, authority, clarity, 

consistency, non-duplication, and reference as per California Health and Safety Code 

§40727 (H&S Code). The ICAPCD is also required to hold a public meeting after the 

rule or regulation has been properly noticed (H&S Code §40725). Relevant information 

supporting each of these findings and the propriety of the notice for the public hearing is 

presented below.

State (CA) Findings Required for Adoption of Rules & Regulations:

FINDING DEFINITION REFERENCE

Authority A district shall adopt rules and regulations 

and do such acts as may be necessary or 

proper to execute the powers and duties 

granted to, and imposed upon, the district 

by this division and other statutory 

provisions.

The ICAPCD has authority pursuant to California 

H&S Code §40702 to adopt, amend or repeal rules 

and regulations. Adopting a new rule is required to 

be in conformity with the language of the Control 

Technology Guidance (CTG), or other EPA 

accepted document, pursuant to the requirements 

found in the CAA §182(f).

Necessity The ICAPCD has demonstrated a need for 

rule adoption and/or rule amendments 

and/or repeal.

This rule is necessary to satisfy the Ozone SIP 

commitment, and the State requirement for the 

application of RACT for all existing sources (H&S

Code §40918(a)). It is also needed to satisfy the 

federal requirement to submit RACT rules to 

USEPA for all major stationary sources of NOx (42 

U.S.C. §7511a(f), CCA §182(f)).

Clarity The rules are written or displayed so that 

their meaning can easily be understood by 

the persons directly affected by it

Rules 116, 400.1 and 400.2 are generally 

applicable to facilities engaged in operating Boilers, 

Process Heaters, and Steam Generators of 5 

million British Thermal Units (Btu) and Stationary 

Gas Turbines of 1 Mega Watt’s capacity or larger. 

Amended Rules 424, 425 and 427 are applicable 

to sources involved in automotive refinishing, 

architectural and aerospace coatings. The sources 

affected by Rules 116, 400.1, 400.2 and amended 

rules 424, 425, and 427 are already familiar with 

the terminology and requirements, so they should 
3| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

have no difficulty understanding the proposed new 

rules and amended rules.

Consistency These rules are in harmony with, and not 

in conflict with or contradictory to, existing 

statutes, court decisions, or State or 

federal regulations.

The adoption of the newly proposed new rules and 

the amendment of the existing rules are required to 

be in conformity with the language of the applicable 

CTG, or other document accepted by EPA.

Non-Duplication These rules do not impose the same 

requirements as existing State or federal 

regulation, unless the ICAPCD finds that 

the requirements are necessary and 

proper to execute the powers and duties 

granted to, and imposed upon, the 

ICAPCD

The newly proposed rules and the amended rules 

do not impose requirements that duplicate existing 

laws or regulations.

Reference Any statute, court decision, or other 

provision of law that the ICAPCD

implements, interprets, or makes specific 

by adopting, amending, or repealing a 

regulation.

The proposed new Rules 116, 400.1, 400.2 and 

the amended rules 424, 425, and 427 are a 

specific response to the requirements of 42 

U.S.C.§7511a(f), (CAA §182(f)).

B. Federal Elements

A RACT analysis conducted by the ICAPCD identified a nonconformance issue with 

federal RACT requirements. The RACT analysis identified a need to address a 

discoverable deficiency in NOx regulation in Imperial County. The RACT analysis 

clearly stated a need for the adoption of additional regulation to cover the deficiency. 

On January 26, 2009 this RACT analysis was submitted to the U.S. EPA for review and 

comment. While the ICAPCD continues to address comments received by the U.S. 

EPA much of the work to finalize the RACT SIP is dependent on the adoption of new 

NOx rules which would cover the identified deficiency. Essentially, the RACT SIP which 

is necessary for the adoption and approval of an “8-hour Ozone Air Quality Modified 

Plan” was found deficient because it did not conform to RACT requirements. 

Submission of the newly proposed Rules 116, 400.1, 400.2 and the amended Rules 

424, 425, and 427 are necessary to correct not only the identified deficiency of 

insufficient NOx regulation but to generally conform with federal RACT requirements. 

The newly proposed Rules, 116, 400.1 and 400.2 as well as the amended Rule 424, 

425, and 427 are subject to all the requirements of a SIP submittal. Any document 

which is submitted as part of the SIP is required to conform to certain requirements as 

set forth in the CAA and the regulations promulgated there under. SIP submittals are 

required to undergo proper public notice and hearing (42 U.S.C. §7410(a)(2), 7410(l), 

CAA §110(a)(2), 110(l); 40 CFR 51.102(d), 51 Appendix V, 2.1(f) & (h)). Such 

submittals must also have been adopted pursuant to proper authority and follow all 

appropriate state laws or other requirements for the adoption of the particular document 

(40 CFR 51.230-231, 51, Appendix V, 2.1(c) & (e)).

The newly proposed Rules 116, 400.1, 400.2 and the amended Rules 424, 425 and 427 

will be properly adopted and are to be considered a SIP submittal. A discussion of the 

required elements follows:
4| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

ELEMENT ACTION REFERENCE

Public Notice & 

Comment:

Public Notice of the Adoption Hearing was published 

on December 23, 2009. Both the Air Resources Board 

and Environmental Protection Agency (Region 9)

staff have responded with written comments regarding 

the newly proposed rules and amendments.

Availability of 

Document

Throughout this process the ICAPCD has consulted 

with the affected sources during the development of 

the RACT limits and with the establishment of the 

applicability of this rule at three separate meetings 

(October 27, 2008, February 19, 2009, and March 16, 

2009). The newly proposed rules 116, 4001., 400.2 

and amended rules 424, 425 and 427 and associated 

appendix’s and staff reports were made available to 

the public at a Public Workshop held on December 

16th, 2009. 

Notice to Specified 

Entities

Copies of the newly proposed Rules were sent to 

CARB and the U.S. EPA on February 13, 2009.

Public Hearing A public hearing for January 26th, 2010 was set by the 

Governing Board on December 23, 2009

Legal Authority to 

Adopt and 

Implement the 

Document

The ICAPCD has authority 

pursuant to H&S Code §40702 to 

adopt, amend or repeal rules and 

regulations.

Applicable State 

Laws and 

Regulations were 

followed

Public notice and hearing 

procedures are followed pursuant 

to H&S Code §40725 through 

§40728.

III. NEWLY PROPOSED AND AMENDED RULES

A. RULE 116 – EMISSIONS STATEMENT AND CERTIFICATION

The Federal Clean Air Act (CAA) requires states designated as ozone non-attainment 

areas to gather Emission Statement data from sources of volatile organic compounds 

(VOC) and oxides of nitrogen (NOx) beginning in 1992 (reporting in 1993). These two 

air contaminants react in the presence of sunlight to form ozone in the lower 

atmosphere, the troposphere, where it affects human health. Carbon monoxide by itself 

affects human health and elevated levels tend to occur primarily in the winter months. 

Emission Statements are intended to help the state in their reporting and analysis of 

emissions into the ambient air. All emission estimates reported on Emission Statements 

will be used to track the state’s progress toward meeting the mandatory emission 

reduction targets specified as a percentage reduction from the 2006 base year 

inventory. This tracking will help to monitor the progress that areas make toward 

attainment of the ozone and carbon monoxide NAAQS and will be used as an indicator 

to measure the state’s progress in maintaining a healthy environment. The CAA also 

requires the state to periodically compile and report a comprehensive, accurate, and 

current inventory of all air contaminant sources in the state. 
5| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

1. Newly Proposed Rule 116 Summary

The proposed rule will require owners and/or operators of stationary sources emitting 

VOC or NOx emissions to provide the ICAPCD with an annual statement of actual 

emissions of these pollutants. The annual statement is due by December 31 of each 

year to the U.S. EPA. The ICAPCD is required to submit this information to the 

California Air Resources Board (CARB) for review with final submittal to the U.S. EPA

by December 31 of each preceding year. The Emissions Statement will be based on 

the information provided in the Emissions Data Forms which may be an emission 

calculated by the ICAPCD or emissions information provided directly by the source 

which will be subject to ICAPCD approval. An emissions statement will be required for 

all sources within the jurisdictional area of the ICAPCD which emit 25 tons per year or 

more of VOC and/or NOx. 

The proposed rule provides an exemption for sources emitting less than 25 tons per 

year of either VOC or NOx. In order for the exemption to comply with the federal 

regulations referred to above, the ICAPCD must provide the CARB with an emissions 

inventory of sources within the District emitting ten (10) tons or more per year of either 

VOC or NOx.

2. Rule 116 Socioeconomic Impact

The provisions of Section 40728.5 of the California H&S Code, requiring an assessment 

of the socioeconomic impacts of the adoption, amendment, or repeal of any district rule 

or regulation does not apply to the ICAPCD per 40728.5 (c) as follows:

This section shall not apply to any district with a population of less than 500,000 

persons.

B. NEWLY PROPOSED RULE 400.1 STATIONARY GAS TURBINES

Rule 400.1 is being developed to address the implementation of federal RACT. This rule 

will require stationary gas turbine operators to comply with newly proposed RACT NOx 

standards. Essentially, Rule 400.1 imposes RACT upon any unit with a rated heat input 

capacity of 1 Megawatt (MW) or more. The rule further establishes new NOx limits of 42 

parts per million by volume (ppmv) for gaseous fuel-fired units and 65 ppmv liquid fuelfired units. The proposed rule does not require the use of emission control technologies 

which might degrade or endanger the environment. Rule 400.1 RACT limits can normally 

be achieved by appropriate combustion technology modifications and/or by water/steam 

injection technologies for turbines. Once adopted and implemented, Rule 400.1 will affect 

emission units at four Imperial County major source facilities. These facilities already 

substantially comply with the specified thresholds imposed upon by this rule, so no 

significant changes in current Authority to Construct or Permit to Operate conditions are 

anticipated.

The ICAPCD conducted a survey of stationary gas turbines to determine the NOx 

emission reductions resulting from the implementation of Rule 400.1. Since, all existing 

emission units affected by Rule 400.1 will be able to comply without additional installation 
6| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

of technology a substantial change, resulting from the implementation of this rule, in the 

emissions inventory for these facilities is not anticipated.

In addition to satisfying federal RACT, the adoption of the newly proposed Rule 400.1 

would satisfy several specific State and federal requirements. The California H&S Code

requires those areas designated as moderate nonattainment for the State ozone

standard and above to require RACT for all existing major stationary sources which 

have the potential to emit 25 tons per year of any non-attainment pollutant or its 

precursors (H&S Code §40918(a)). As such the ICAPCD is subject to this requirement 

because of its area designation for the State ozone standard.

1. Newly Proposed Rule 400.1 Summary

The following is a general discussion of the proposed Rule 400.1 Stationary Gas 

Turbines.

Applicability: This section gives a brief overview regarding the purpose and type of 

sources to which this rule will apply. In addition, this section eliminates duplicity of 

thresholds and administrative requirements applicable to emission units.

Definitions: This section defines 7 terms used in the rule. The terms applicable to this 

rule will be defined and included in Rule 101, Definitions.

Requirements: The rule establishes new NOx limits of 42 ppmv for gaseous fuel-fired 

units and 65 ppmv liquid fuel-fired units at 15% oxygen on a dry basis.

Exemptions: The Stationary Gas Turbine rule exempts the following: Stationary Gas 

Turbine(s) engines or their components when operated exclusively for research, 

development or testing (except for source testing) or which operate less than 400 hours 

per calendar year. Also exempt for no more than 15 minutes are simple cycle Stationary 

Gas Turbine(s) during startup, shutdown or a change in load, when bringing the 

combustion process up to operating levels. Two (2) hours for combined cycle and 

cogeneration cycle Stationary Gas Turbine(s), or as specified on the permit to operate; 

Section C.1.b of the Stationary Gas Turbine rule shall not apply to a Stationary Gas 

Turbine(s) when forced to burn nongaseous fuel during times of natural gas curtailment. 

This exemption shall not exceed 168 cumulative hours of operation per calendar year 

excluding equipment testing time not exceeding 24 hours per calendar year.

Recordkeeping Requirements: A unit-specific operating log is required with minimum 

specified data on the turbine and the emission control equipment. District approved 

monitoring equipment for data collection is required. All persons subject to the rule must 

keep records as specified in this section. For the purposes of a compliance 

determination based on CEMS data, the averaging period to calculate NOx emissions 

concentration shall be one clock hour.

Test Methods: Test methods are identified with which to verify compliance with 

provisions of the rule. 
7| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

Source test Requirements: Required source testing is generally required at a 90% 

power rating however under certain conditions testing may be allowed at the highest 

achievable continuous power rating. Demonstration of compliance is required no less 

than once every 12 months, however the frequency of compliance testing may be 

extended under certain circumstances to not less than every 36 months for Stationary 

Gas Turbine(s) which operate less than 100 hours per 12 month period and which emit 

less than 5 tons of NOx per 12 month period or to not less than every five (5) years for 

secondary fuel testing. This period may be extended if a source can prove no 

operational fuel has been fired. Test reports shall include the operational characteristics 

recommended by the manufacturer to ensure compliance with the applicable emission 

limits of this rule. For the purposes of a compliance determination based on source 

testing, the NOx emission concentration shall be calculated as an average of three test 

runs. A source test plan is required at least 30 days prior to the scheduled source test

and at least seven days prior to the source test, the owner or operator is required to 

notify the APCO of the exact date and time of the source test. Final source test results 

are to be submitted 60 days after the completion of the actual source test to the APCO.

Records Retention: Records are required to be maintained for two (2) calendar years or 

five (5) calendar years for Title V facilities. These records shall be maintained on the 

premises and made available to the ICAPCD upon request.

2. Technical Discussion

a. Project Description

The purpose of this Rule is to limit the emission of oxides of nitrogen from stationary 

gas turbines. This rule applies to stationary gas turbines of 1 megawatt (MW) and larger 

unless the equipment is exempt from this rule pursuant to Section D of this rule. The 

proposed Rule establishes, for the ICAPCD, general federal RACT emissions limits for 

equipment within this source category. 

b. Control Methodologies

The proposed Rule 400.1 is intended to control NOx emissions from stationary gas 

turbines. The following text is a discussion of the types of control technologies which 

generally constitute RACT for this source category.

c. Combustion Design

Oxides of nitrogen are generated by the combustion of fossil fuels. Oxidation of fuel 

bound nitrogen (fuel NOx) and oxidation of nitrogen in the ambient air (thermal NOx) are 

the two origins of oxides of nitrogen emissions from the combustion process. Fuel NOx 

is a function of the fuel formulation and emissions can potentially be reduced by hydro 

treating the fuel at the refinery. 

Thermal NOx generation is a function of flame temperature and residence time. 

Combustion strategies for controlling NOx emissions are based upon lowering the 

combustor temperature. Methods generally available include water/steam injection and 
8| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

low-NOx combustor designs, depending on the specific turbine model. NOx emissions 

resulting from either fuel or thermal NOx formation mechanisms can be further 

controlled by using post combustion technologies such as SCR. Fuel switching, using 

methanol rather than natural gas or liquid fuels, is sometimes available but generally not 

cost-effective as the price of methanol fuel is typically three times that of natural gas.

d. Water/Steam Injection

The addition of a diluent in the combustor quenches the flame and absorbs heat, 

thereby reducing the combustion temperature, the thermal efficiency and consequently 

lowering the amount of NOx produced. A by-product of water or steam injection is 

usually an increase in power output. In most cases, the use of steam or water diluents 

results in exhaust gas concentration of 42 ppmv NOx or less when firing on natural gas. 

Oil fired units typically achieve an exhaust gas concentration of NOx of 65 ppmv or less. 

This technology is considered by ICAPCD to be federal RACT for this source category 

of equipment. This technology can meet the requirements of this proposed rule for 

many gas-fired and oil-fired turbines.

Water and/or steam injection is achieved by injecting the quenching medium through 

the unused alternative fuel ports of the turbine. Therefore, any turbine that can be 

retrofitted must be duel fuel capable. 

e. Dry Low-NOx Combustors

Low NOx combustors have, to date, been designed for many, but not all, gas turbines. 

Manufacturers have concerned themselves with only the most popular turbine models 

and may never develop low NOx technology for their older or unusual models of 

turbines. Conventional combustors in turbines are diffusion controlled. That is, the fuel 

and air are injected separately, resulting in hot-spots which produce excessive NOx. In 

contrast, dry low-NOx combustors generally operate in a premixed mode where the 

reaction rate is limited more by the chemical reaction rate rather than mixing rates, 

which results in a maximized flame temperature and a better controlled air/fuel ratio. 

The more efficient combustion at lower temperatures produces fewer oxides of nitrogen 

emissions. This technology can meet the requirements of this proposed rule for many 

gas-fired and oil-fired turbines.

f. Add-On Control Equipment 

Selective Catalytic Reduction (SCR)

SCR is a post combustion control technology. In the SCR process, ammonia is injected 

into the exhaust gas stream where it reduces the NOx to molecular nitrogen, when in 

the presence of a catalyst. The catalyst operates usually between 600-750oF and is 

made of a noble metal, titanium dioxide, vanadium, zeolite or other material. SCR 

systems are capable of over 90 percent NOx removal and may be used in conjunction 

with steam or water injection technology. 
9| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

g. Selective Non-Catalytic Reduction (SNCR)

SNCR is an alternative to SCR as a post combustion technology which does not use a 

catalyst. Rather, a higher temperature over 1400oF is used to activate the reaction. A 

reducing agent, such as ammonia or urea, is injected into the exhaust gas stream to 

reduce the NOx to molecular nitrogen. To date, no known turbine has employed this 

method of NOx control in the Imperial County. Reduction efficiency ranges between 50 

and 80 percent with SNCR.

3. Cost and Cost Effectiveness

Rule 400.1 is being developed to address the implementation of federal RACT. This 

rule will require stationary gas turbine operators to comply with newly proposed RACT 

NOx standards. The rule further establishes new NOx limits of 42 ppmv for gaseous 

fuel-fired units and 65 ppmv for liquid fuel-fired units. The proposed rule does not 

require the use of emission control technologies which might degrade or endanger the 

environment. The Rule 400.1 RACT limits can normally be achieved by appropriate 

combustion technology modifications and/or by water/steam injection technologies for 

turbines. The ICAPCD conducted a survey of stationary gas turbines to determine the 

NOx emission reductions resulting from the implementation of Rule 400.1. This rule will 

affect seven stationary gas turbines at four Imperial County major source facilities. The 

ICAPCD has identified the facilities under permit for this source category as owned by 

the Imperial Irrigation District (IID). These facilities are located in Brawley, El Centro, 

and in Niland. 

The IID, El Centro Generation Station, Unit 2- Turbine, was repowered in 1993. This 

unit was installed with a Selective Catalytic Reduction (SCR) control device and is able 

to comply with a NOx emission limit of 9 ppmv when operating with natural gas and 13 

ppmv when operating under diesel fuel. In addition, in 2008, the IID, Niland Generation 

Station, installed two stationary gas turbines. These units are also equipped with SCR 

technology and are able to comply with a NOx emission limit of 2.5 ppmv. These 

turbines are only authorized to burn natural gas. Without the installation of additional 

technology, these emission units are currently in compliance with Rule 400.1 emission 

limits. Therefore, no substantial change in the emissions inventory for these facilities 

due to implementation of this rule is anticipated. 

The IID, Brawley Generation Station, operates two turbines that were installed in 1962 

and do not have installed NOx emission control equipment. These units will be exempted 

from compliance with Rule 400.1 NOx emissions limits by restricting operation to no more 

than 400 hours per calendar year. 

The IID, Rockwood Generation Station, operates two turbines that were installed in 1979 

and have installed water injection for NOx emission control. These units are currently in 

compliance with Rule 400.1 NOx emissions limits of 42 ppmv for natural gas and 65 

ppmv for diesel fuel. An analysis was conducted to evaluate cost effectiveness to retrofit 

these turbines with a SCR system to further reduce NOx emissions to 9 ppmv for natural 

gas and 15 ppmv for diesel fuel. A detailed cost effectiveness evaluation is included in 
10| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

Appendix A (see attachment), of this report. There is no federal policy that establishes 

maximum cost effectiveness values for NOx RACT. For the purpose of this evaluation, 

the APCD recommends a RACT cost effectiveness value of $8,000-$10,000/ton of NOx. 

The total initial cost (capital cost and installation) for retrofitting the Rockwood turbines 

with a SCR system is approximately $4,400,000. In addition, the estimated annual 

operating cost for each turbine is $276,803. Therefore, the estimated cost effectiveness 

for Unit 1 when burning natural gas is $61,731 per ton of NOx reduced, while the 

estimated cost effectiveness for both units when burning diesel fuel is $44,839 per ton of 

NOx reduced. This evaluation indicates that the cost effectiveness to retrofit the 

Rockwood turbines with a SCR system is way higher than the recommended RACT cost 

effectiveness value of $8,000-$10,000/ton of NOx. Therefore, retrofitting of these turbines 

with more efficient technology to reduce NOx emission would not be cost effective.

4. Environmental Analysis

As per the California Environmental Quality Act (CEQA) Guidelines section 15187 

requiring an environmental analysis where by reasonably foreseeable methods for 

compliance with the rule are discussed. The newly proposed Rule 400.1 does not 

require the use of emission control technologies which might degrade or endanger the 

environment. The general federal RACT emissions limits can normally be achieved by 

appropriate combustion technology modifications and/or by water/steam injection 

technologies for modern turbines. 

The RACT emissions limits do not require the use of SCR or selective non-catalytic 

reduction (SNCR) technologies. Therefore, any impact from the use of these 

technologies is avoided.

C. NEWLY PROPOSED RULE 400.2 BOILERS, PROCESS HEATERS, AND 

STEAM GENERATORS

Rule 400.2 is being developed to address the implementation of federal RACT on Boilers, 

Process Heaters and Steam Generators. The rule will require certain operators to modify 

their equipment to achieve newly proposed RACT NOx standards. Essentially, Rule 

400.2 applies RACT to any unit with a rated heat input capacity of 5 million British thermal 

units per hour (MMBtu/hr) or more. The rule further establishes new NOx limits of 30 

ppmv (0.036 lb/MMBtu) for gaseous fuel-fired units and 40 ppmv (0.052 lb/MMBtu) for 

liquid fuel-fired units. The 30 ppmv gaseous-fuel limit is generally achievable via 

combustion controls such as low-NOx burners, oxygen control, staged combustion, and 

flue gas recirculation. The 40 ppmv non-gaseous fuel limit is achievable using 

combustion controls and low nitrogen content "clean" fuels, or by using post-combustion 

controls. Once implemented, Rule 400.2 will affect several industries and businesses in 

Imperial County including some of our major source facilities. Based on the calculations 

detailed in Appendix B (see attachment), the potential NOx emissions reductions for Rule 

400.2 total 143.3 tons per year. Please see Appendix B (see attachment), of this report 

for further details.
11| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

1. Summary of Major Components of Rule 400.2

As per U.S. EPA guidance, the emission limits as proposed in Rule 400.2 are considered 

RACT as demonstrated in the determinations for other districts in California. Rule 400.2 

establishes the following NOx emission limitations for units over 5 million Btu/hr rated 

heat input: 

Fuel Type NOx lb/MMbtu NOx ppmv @ 3% O2

Gaseous 0.036 30

Liquid 0.052 40

In addition, Rule 400.2 established an alternative NOx emission limit of 70 ppmv for those 

emission units with an annual capacity factor of 30% or less. The annual capacity factor is 

the ratio of the amount of fuel burned by an emission unit in a calendar year to the 

amount it could have burned if it had operated all year around; in other words, it 

represents 30% of the potential annual fuel consumption for the emission unit. This 

alternative emission threshold has been established for those peaking or seasonal 

emission units for which installation of advanced control technology would not have a 

significant impact in reducing NOx emissions due to irregular operation of the emission 

unit. 

The rule also contains an alternative NOx threshold for biomass boilers equivalent to 

120 ppmv at 12% CO2 or, as an alternative, biomass boilers will be required to reduce 

NOx emissions at a minimum of 80 percent of the uncontrolled NOx emission 

concentration in the exhaust gas stream.

The rule includes monitoring and recordkeeping to insure compliance. New and existing 

emission Units that do not require modification to comply with the rule shall be in full 

compliance upon adoption of the rule. However, for existing sources not in compliance 

with Rule 400.2 limits, a compliance schedule, incorporated in section I, allows sources to 

ease into compliance at a later date. The compliance schedule for units that require 

equipment modification is as follows:

By June 30, 2010 submit a complete application for an Authority to Construct for all 

modifications to non-exempted emission units.

By June 30, 2011, be in full compliance with the requirements of the rule.

2. Background

Boilers, Process Heaters, or Steam Generators are closed vessels in which water is 

heated and where steam is generated or superheated, or any combination thereof, under 

pressure or vacuum by the application of heat from the combustion of fuels. Process 

heaters are closed vessels where heat is transferred to fluids, process steam or other 

material. Boilers, steam generators and process heaters have no direct contact between 

the products of combustion and the material to be heated.
12| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

NOx forms during the combustion of fuel, and other products of combustion are emitted to 

the atmosphere in the flue gas stream. The formation of NOx resulting from the 

combustion processes is governed primarily by the chemically-bound nitrogen content of 

the fuel, the oxygen concentration of the flame, the temperature of the flame, and the 

length of time the combustion gases are held at the flame temperature.

3. Current Operations and NOx Emissions Control

An Imperial County Air Pollution Control District (ICAPCD) survey identified 

approximately 6 units rated 5 million Btu per hour or greater as operating at three of 

Imperial County’s major source facilities which will be affected by the requirements of 

Rule 400.2. The survey also identified how each source would comply with the 

requirements, for example one of the boilers operated by the Imperial Irrigation District 

(IID) at the El Centro Generating Facility is equipped with a Selective Catalytic 

Reduction (SCR) unit and is currently in compliance with the alternative compliance 

threshold; this boiler operates irregularly throughout the year and fuel usage will be 

limited to a maximum of 30%; a second boiler operated by IID has been scheduled for 

shutdown and emission reductions will be used to offset emissions for a new repowering project which will be in full compliance with the standards. Another facility, 

Spreckels Sugar Company has indicated that its three natural gas boilers will be 

retrofitted in order to comply with 400.2 requirements. In addition, one of the natural 

gas process heaters operated by United States Gypsum Company will be retrofitted 

with a low NOx Burner in order to comply with RACT standards. The ICAPCD staff 

evaluated potential NOx reductions from retrofitting of these boilers to comply with Rule 

400.2 requirements. Based on the calculations detailed in Appendix B (see attachment),

the potential NOx emissions reductions for Rule 400.2 total 143.3 tons per year. The 

ICAPCD survey has not identified any existing boilers or process heaters operated at 

minor sources that may be out of compliance with the proposed RACT standards.

Existing boilers, steam generators, and process heaters within the Imperial County are 

generally fired using natural gas and/or fuel oil (distillate, residual, and crude oil). 

However, the ICAPCD survey has identified three solid fueled boilers operating at 

separated major facilities in the Imperial County. The Spreckels Sugar coal boiler was 

installed in 1947. Due to the design of this ancient boiler, retrofitting is technologically 

not feasible. The alternative to retrofitting is replacement, this boiler would need to be 

replaced by a newer unit which would be cost prohibited for the facility. Therefore, 

Rule 400.2 includes an exemption for coal fired boilers installed before December 31, 

2009. 

In addition, the APCD survey has identified two facilities operating biomass boilers (wood 

chips and manure). The two biomass boilers were permitted under the New Source 

Review (NSR) Rule which requires the application of Best Available Control Technology 

(BACT) for new and modified emission units. These boilers are both equipped with an 

ammonia injection system (SNCR), staged combustion, and oxygen controller to control 

the emissions of NOx. Per U.S. EPA recommendation, the Imperial County APCD

reviewed the RACT limits for biomass boilers included in Placer County APCD, Rule 

233, Biomass Boilers. This rule limits NOx emissions from biomass boilers to 115 

ppmv, corrected to 12% CO2. The APCD survey indicates that one of the biomass 
13| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

boilers will not be able to fully comply with the 115 ppm limit. The current NOx emission 

limit for this boiler is 120 ppmv, 12% CO2 (60 lb/hr). According to the 2009 source test 

report for this boiler, a 5 ppmv difference in the NOx limit represents emission of 

approximately 2.3 lb/hr of NOx. Due to this facility currently operating with BACT for 

NOx and the target NOx reduction difference being minimal, retrofitting of this boiler with 

a more sophisticated NOx control system would not be feasible nor cost effective. 

Therefore, Rule 400.2 will limit NOx emissions from biomass boilers to 120 ppmv at 

12% CO2, or as an alternative, biomass boilers will be required to reduce uncontrolled 

NOx emission concentrations in the exhaust to a minimum 80%. 

4. Newly Proposed Rule 400.2 – Summary

The following is a general discussion of the proposed Rule 400.2 Boilers, Process 

Heaters and Steam Generators.

Applicability: This section provides a brief overview regarding the purpose and type of 

sources to which this rule would apply. In addition, this section eliminates duplicity of 

thresholds and administrative requirements applicable to emission units.

Definitions: Terms applicable to this rule are defined in Rule 101- Definitions.

Requirements: General federal NOx RACT emission limits for the ICAPCD is 30 ppmv 

or 0.036 pounds per million Btu of heat input when operated on gaseous fuels; 40 ppmv 

or 0.052 pounds per million Btu of heat input when operated on liquid fuels. In addition, 

this rule provides an alternative compliance threshold for those emission units with an 

Annual Capacity Factor (ACF) less than or equal to 30% which shall not emit NOx in 

excess of 70 ppmv for gaseous or liquid fuel. This section also contains an alternative 

NOx threshold for biomass boilers equivalent to 120 ppmv at 12% CO2 or, as an 

alternative, biomass boilers will be required to reduce NOx emissions at a minimum of

80 percent of the uncontrolled NOx emission concentration in the exhaust gas stream. 

A corresponding controlled limit shall be established in the Authority to Construct/Permit 

to Operate condition(s) for the purpose of demonstrating continuous compliance with 

the 80 percent emission reduction.

Exemptions: Waste heat recovery boilers that are used to recover heat from the exhaust 

of Gas Turbines or Internal Combustion Engines; Furnaces, Kilns, and any combustion 

equipment where the material being heated is in direct contact with the products of 

combustion; Thermal Oxidizers and associated waste heat recovery equipment; Boilers, 

Process Heaters and Steam Generators used exclusively in connection with a structure 

that is designed for and used exclusively as a dwelling for not more than four families; 

coal fired units installed or erected prior to December 31, 2009. Startup or Shutdown 

may not exceed twelve hours of more than 40 MM Btu per/hr or six hours of equal or 

less than 40 MM Btu per/hr or as specified on the permit to operate. For non gaseous 

fuels, this exemption shall not exceed 168 cumulative hours of operation excluding 

testing equipment time that do not exceed 24 hours per calendar year. 

Monitoring and Recordkeeping Requirements: A unit-specific operating log is required 

with minimum specified data on the turbine and the emission control equipment. District 
14| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

approved monitoring equipment for data collection is required. Compliance testing data 

shall be provided to the district on an annual basis. All persons subject to the rule must 

keep records as specified in this section. Any facility claiming an exemption status must 

keep records with which to document the claimed exempt status.

Test Methods: This section specifies test methods with which to verify compliance with 

provisions of the rule.

Source Test Requirements: Any required source testing shall be performed at no less 

than 80% of the power rating. Stationary Gas Turbine(s) subject to the requirements of 

section C, shall demonstrate compliance through emission compliance testing not less 

than once every 12 months. The frequency of compliance testing may be extended to 

not less than every 36 months for Stationary Gas Turbine(s) which operate less than 

100 hours per 12 month period (as demonstrated by operational logs) and which emit 

less than 5 tons of NOx per 12 month period. The frequency of compliance testing may 

be extended to not less than every five (5) years for secondary fuel testing. This period 

may be extended if a source can prove no operational fuel has been fired. Test reports 

shall include the operational characteristics recommended by the manufacturer to 

ensure compliance with the applicable emission limits of this rule. For the purposes of a 

compliance determination based on source testing, the NOx emission concentration 

shall be calculated as an average of three test runs. At least 60 days prior to the 

scheduled source test date, the owner or operator of a unit subject to this rule shall 

submit a source test plan to the Air Pollution Control Officer (APCO). At least seven 

days prior to the source test, the owner or operator shall notify the APCO of the exact 

date and time of the source test. A final source test result shall be submitted to the 

APCO within 30 days following the actual source test date.

Records Retention: 

The owner or operator of Boilers, Process Heaters, or Steam Generators subject to this 

rule shall maintain all records required by this rule for a minimum of two (2) calendar 

years. Title V facilities shall maintain these records for five (5) calendar years. These 

records shall be maintained on the premises and made available to the ICAPCD upon 

request.

Compliance Schedule: According to 40 CFR, Section 51.912(a)(3), the ICAPCD can 

allow up to 30 months after the RACT SIP due date for source compliance with the

provisions of this rule. Therefore, in order to provide a period of time to make the 

necessary upgrades or modifications to emission units not in compliance with this rule, 

Rule 400.2 allows for an alternative compliance schedule. Emission units not in 

compliance with the thresholds in Section C shall demonstrate full compliance with all 

applicable standards and requirements of this rule no later than June 30, 2011. On or 

before June 30, 2010, an owner or operator shall submit for approval by the APCO, an 

Authority to Construct (ATC)/Permit to Operate (PTO) application amendment.
15| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

5. Control Technologies

For most applications reducing NOx emissions from Boilers, Process Heaters, and 

Steam Generators can be broken down into four methods. These are: (1) retrofit low 

NOx emitting burners, (2) retrofit flue gas recirculation systems (3) installation of 

ammonia or urea injection systems for selective noncatalytic reduction, and (4) 

installation of ammonia or urea injection systems along with catalytic reactors for 

selective catalytic reduction.

a. Low NOx Burners

Low NOx burners employ low excess air combustion, air staging, fuel staging or 

combustion product recirculation to lower NOx formation in the flame. Low excess air 

combustion and combustion product recirculation decrease the oxygen available for 

NOx formation. Combustion product recirculation also lowers the bulk flame 

temperature, and consequently lowers the NOx formation rate and equilibrium 

concentration. Staged air burners lower available oxygen at points in the combustion 

chamber where the temperature is high. Staged fuel burners lower the temperature at 

points in the combustion chamber where available oxygen is high. Installation of low 

NOx burners on existing units may require derating of equipment, because flame 

lengths may be significantly increased.

Low NOx burners are applicable to most gas fired and oil fired units. For gas fired units, 

the control effectiveness ranges from 10 to 55 percent. For units fired with conventional 

fuel oils or crude oil the anticipated reduction will be lower due to the effects of 

chemically bound nitrogen in the fuel. It is likely that Low NOx burners using staged 

combustion and O2 control can achieve the gas-fire standards contained in the rule. 

However, it is anticipated most liquid fuel fired units will require low nitrogen content 

"clean fuels" and Low NOx burners and other controls to comply with the emission 

limitation of the proposed rule.

b. Flue Gas Recirculation (FGR)

FGR for NOx control consists of extracting a portion of the flue gas from the economizer 

outlet and returning it to the furnace, admitting the flue gas through the furnace 

windbox. Flue gas recirculation lowers the bulk furnace gas temperature and reduces 

oxygen concentration in the combustion zone. A retrofit installation of FGR consists of 

adding a fan, duct work, dampers, and controls as well as possibly having to increase 

existing fan horsepower due to increased draft loss. FGR is an effective control 

technique for gas fired units, but FGR is not effective at reducing NOx formation 

originating from fuel-bound nitrogen. The control effectiveness of flue gas recirculation 

ranges from 60 to 70 percent for gas fired units. For units fired with conventional fuel 

oils or crude oil the anticipated reduction will be lower due to the effects of chemically 

bound nitrogen in the fuel.
16| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

c. Selective Catalytic Reduction (SCR)

SCR is a process that chemically reduces NOx with ammonia (NH3) over a 

heterogeneous catalyst in the presence of oxygen (O2). The process is termed 

selective because the reducing agent ammonia (NH3) preferentially attacks NOx rather 

than O2. However, the O2 enhances the reaction and is a necessary part of the reaction 

scheme. Thus, SCR is potentially applicable to flue gas under oxidizing conditions, 

greater than one percent O2.

SCR retrofit requires a reactor, which contains the catalytic material, and an ammonia 

storage and injection system. Due to the increased pressure drop across the reactor,

some increase in boiler fan horsepower, or possibly a new fan may be necessary.

d. Selective Non-Catalytic Reduction (SNCR)

SNCR processes for NOx control have been developed by several companies using 

ammonia and urea as reagents. These non-catalytic reduction processes are based on 

the gas phase homogeneous reaction between NOx in the flue gas and the reagents 

utilized by the process.

In general, ammonia (NH3) or urea based reagent is injected into the hot flue gas by 

means of either air or steam carrier gas at a point in the flue specifically selected to 

provide optimum reaction temperature and residence time. In the temperature range of 

1600°F to 2200°F, the reaction occurs through the injection of these reagents. 

Hydrogen can also be injected along with ammonia to extend the effectiveness range of 

the DeNOx reaction down to 1300°F.

NOx reductions of up to 90 percent have been demonstrated on an oil field steam 

generator where favorable process conditions exist. The SNCR performance using 

earlier technology ranges from 50 to 70 percent reduction for most oil fired and gas fired 

process heaters and steam boilers.

6. Cost and Cost Effectiveness

The cost of retrofitting units with NOx control systems to comply with the proposed rule 

varies with the size of the unit and type of controls used. ICAPCD staff analyzed the 

cost effectiveness of Rule 400.2 based on installing and operating a low-NOx burner and 

flue gas recirculation system because this is the control technology that will most likely be 

used by local industry to comply with this rule. The purpose of the evaluation is to 

determine the cost effectiveness for retrofitting boilers and to determine the operational 

capacity factor for which the applicable technology may not be cost effective for seasonal 

units. A detailed cost effectiveness evaluation is included in Appendix C (see 

attachment), of this report.

There is no federal policy that establishes maximum cost effectiveness values for NOx 

RACT. The San Joaquin Valley APCD uses a BARCT threshold of $9,700.00 (California 

Air Resources Board (CARB), Report to the Legislature, Implications of Future Oxides of 

Nitrogen Controls from Seasonal Sources in the San Joaquin Valley, January 2002, Table 
17| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

9, Comparison of BARCT Cost Effectiveness Thresholds). For the purpose of this 

evaluation, the ICAPCD will use a RACT cost effectiveness value of $8,000-$10,000/ton 

of NOx. The cost of control equipment is highly dependent on the size of the unit and the 

type of control selected. According to the ICAPCD survey, the majority of the boilers that 

will be impacted by Rule 400.2 are in the range of 50-200 MMBtu/hour. Therefore, the 

cost effectiveness evaluation was conducted for several size boilers ranging from 50 to 

200 MMBtu/hour and capacity factors ranging from 10% to 75%.

The total initial cost (capital cost and installation) for a low NOx burner and flue gas 

recirculation system for boilers 50 to 200 MMBtu/hr ranges from $401,000 to $732,000. 

To estimate cost effectiveness, ICAPCD staff obtained capital cost estimates of a low 

NOx burner with flue gas recirculation system from Jeff Welton and Pete Santner, R.F. 

MacDonald Company. According to Pete Santner (e-mail message on December 3, 

2009), boilers with capacity 50-200 MMBtu/hr would need to be retrofit with a combination 

of low-NOx burner and flue gas recirculation system in order to reduce NOx emissions to 

a minimum of 30 ppmv for gaseous fuel-fired units. The average cost effectiveness 

ranges from approximately $6,470 to $48,580 per ton of NOx reduced. The high end of 

the cost effectiveness range is due to low annual heat input of boilers. This evaluation 

indicates that it is cost effective to retrofit boilers to low-NOx burner and flue gas 

recirculation but only for those units operating under an annual capacity factor above 

30%. Therefore, Rule 400.2 will establish an alternative NOx emission limit of 70 ppmv for 

those existing emission units with an annual capacity factor of 30% or less.

The ICAPCD staff conducted a survey of the permit database to identify the number of 

boilers which will need to be retrofitted to comply with the new RACT requirements. The 

ICAPCD survey indicates that one of the boilers (Unit 4) operated by the IID at the El 

Centro Generating Facility and three of the natural gas boilers operated by the 

Spreckels Sugar Company would be out of compliance with the 30 ppmv emission limit 

with current NOx control technology. The Unit 4 boiler is currently equipped with SCR 

and the Spreckels Sugar Company has indicated that its natural gas boilers will be 

retrofitted with Flue Gas Recirculation technology. However, this level of NOx control 

technology will not be sufficient to reduce NOx emissions to the 30 ppmv limit; it is 

anticipated that a 70 ppmv NOx limit would be feasible to achieve with the current and 

proposed technology for these units. The ICAPCD staff evaluated cost effectiveness for 

retrofitting the Spreckels Sugar boilers and the El Centro Generating Facility Unit 4 

boiler to meet the 30 ppmv limit, a detailed cost effectiveness evaluation for these 

boilers is included in Appendix C (see attachment), Section II.b. This evaluation 

indicates that due to the seasonal nature of operation of the Spreckels Sugar natural 

gas boilers the cost effectiveness ranges between $16,200 and $773,570 per ton of 

NOx reduced and the El Centro Generating Unit 4 boiler cost effectiveness value is 

$18,330 per ton of NOx reduced. This evaluation indicates that the cost for retrofitting 

these boilers is higher than the recommended cost effectiveness value. Therefore, 

these emission units will be restricted to 70 ppmv NOx and maximum annual capacity 

factor of 30%.

It is important to point out that any new boilers to existing units will need to comply with 

BACT requirements; therefore, these units will be required to install more efficient 
18| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

technology to reduce NOx emissions, hence the capital and operational cost will be 

higher.

7. Environmental Analysis

As with Rule 400.1 the CEQA Guidelines section 15187 requires the ICAPCD to 

conduct an environmental analysis where by reasonably foreseeable methods for 

compliance with the rule are discussed. The newly proposed Rule 400.2 does not 

require the use of emission control technologies which might degrade or endanger the 

environment. The general federal RACT emissions limits can normally be achieved by 

the application of Low-Nox Burners and/or Flue Gas Recirculation. 

The RACT emissions limits do not require the use of SCR or SNCR technologies. 

Therefore, any impact from the use of these technologies is avoided.

D. Amended Rules: Rule 101 – Definitions, Rule 424 – Architectural Coatings, 

Rule 425 – Aerospace Coatings Operation, and Rule 427 – Automotive 

Refinishing Operation.

Imperial County was recently designated attainment for Ozone. The ICAPCD has the 

responsibility for regulating air pollution from all sources within the County. Under state 

law, the ICAPCD is required to adopt rules to achieve ambient air quality standards and 

to enforce the provisions of local, state, and federal air quality laws. 

The ICAPCD made commitments to implement control measures through the adoption 

of rules that regulates Ozone (and its precursors) in an effort to reduce emissions and to 

bring Imperial County into compliance with the CAAQS for ozone by the earliest 

practicable date.

ICAPCD’s Rule 101 – Definitions has been amended and incorporated definitions 

pertaining to the newly proposed rules. 

In January of 2005, the ICAPCD adopted an amended version of Rule 424, 

Architectural Coatings. On May 26, 2000 the CARB submitted this revision to the U.S. 

EPA for adoption into the SIP. Within the same time frame CARB approved and 

subsequently amended a Suggested Control Measure (SCM) for Architectural Coatings. 

The ICAPCD has revised its Rule 424 to comply with the updated SCM. The amended 

rule reflects the revisions on the SCM dated June 2000. The new SCM specifies new 

and revised limits for volatile organic compounds (VOC) for certain coating categories. 

In addition, the amended rule has prompted a revision to ICAPCD’s Rule 101, 

Definitions. 

In May 18, 2004, the ICAPCD adopted an amended version of Rule 425, Aerospace 

Coating Operations. Aerospace Coating Operations is a rule designed to reduce VOC 

emissions at industrial sits engaged in coating airplanes, space craft and their 

component parts. The State of California submitted Rule 425 to the U.S. EPA on July 

19, 2004 as a revision to the California SIP. A completeness determination was made 

on the rule submittal for Rule 425 on August 10, 2004 by the U.S. EPA. The U.S. EPA 
19| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

recently updated the listing for the Identification of Performance Standards for 

Aerospace Coatings Operations. Therefore, the ICAPCD updated section C – Record 

Keeping Requirements of rule 425 to comply with the recent updates. 

In addition to amending rules 424 and 425, the ICAPCD is amending Rule 427, 

Automotive Refining Operations. Rule 427 was first adopted in May of 1999. The CARB 

in cooperation with the air pollution control and air quality management district’s 

developed a SCM for Automotive Coatings. The SCM promotes uniformity amongst 

district rules, improves enforceability and will achieve additional reductions of VOC’s. 

As such, the ICAPCD is amending existing Rule 427 to incorporate the VOC limits and 

other provisions of the SCM. The amended rule has a number of prohibitions that 

include a prohibition of sale of non-compliant coatings or solvents and a prohibition of 

such materials in automotive refinishing shops. The amended rule also contains some 

additional requirements for manufacturers or suppliers of automotive coatings and 

related material to provide all the necessary information to their clients enabling them to 

comply with the rule requirements. 

Staff at the ICAPCD reviewed the SCM developed by CARB and the Identification of 

Performance Standards by the U.S. EPA and implemented the necessary changes to 

rules 424, 425, and 427. The amendments to these rules address the issue of VOC 

emissions help to maintain uniformity with other counties within the State. The ICAPCD 

is confident that the amended versions of the rules will meet with CARB and U.S. EPA 

approval.

IV. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

Because the adoption of the newly proposed and amended rules are considered a 

“project” under CEQA the ICAPCD reviewed all potentially significant impacts and found 

that the newly proposed and amended rules are categorically exempt pursuant to 

California Code of Regulations (CCR) §15308. The newly proposed rules clarify 

applicability; strengthen administrative requirements by providing definitions; require an 

Emissions Control Plan for every affected facility; specify recordkeeping and monitoring 

(alternative CEMS) requirement; clarify compliance testing methods; and establish a 

compliance schedule. The newly proposed rules do not relax any previously existing 

requirements of the ICAPCD. A brief discussion of those potential impacts follows:

A. AIR QUALITY

The increase in carbon monoxide emissions from units that required modifications to 

meet the NOx levels required by this rule is insignificant. All of the units are located in 

CO attainment areas. The most significant potential impact is ammonia slip from SNCR 

and SCR systems and ammonia leakage from storage and handling systems, which will 

result in emissions of ammonia to the atmosphere. Ammonia emissions are toxic and 

may increase the formation of PM10 in the atmosphere. However, as explained above 

all existing units already have installed or will not be utilizing SNCR or SCR as a control 

device. Any new facility will be required to comply with Best Available Control 

Technologies.
20| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

B. HAZARDS

Ammonia is a toxic, highly reactive compound and its use, storage and transport can be 

hazardous, especially in the case of worker exposure to highly concentrated ammonia 

vapor or contact with liquid ammonia. Occupational Safety and Health Administration 

(OSHA) regulations specify the methods for the use, storage and transport of ammonia. 

These regulations were developed to reduce the hazards that might occur when 

handling ammonia.

The spent catalyst materials from the use of SCR commonly contain small amounts of 

hazardous materials, including vanadium pentoxide. This compound is toxic if inhaled. 

A majority of catalysts used in California are now reclaimed and recycled by the 

manufacturer, so that their disposals pose no significant environmental impacts. For 

those facilities that do not recycle their catalysts, the spent material is required to be 

deposited in a Class I landfill site.

C. ENERGY

Additional fan energy will be required to operate FGR, SNCR, and SCR systems. All of 

the systems require additional mass flows and gas velocities, which will increase flow 

losses through the furnaces and downstream passages. The FGR ducting and SCR 

reactor are additional flow impedances. Certain Low NOx burners are more fuel 

efficient.

The adoption of the newly proposed and amended rules assure the maintenance, 

restoration, enhancement and protection of the environment therefore, pursuant to 

CEQA Guidelines, the ICAPCD has prepared a Notice of Exemption, Categorical 

Exemption (Class 8-14 CCR, Section 15308). 

V. RULE DEVELOPMENT PROCESS

In October of 2008, the ICAPCD held a meeting with U.S. EPA and CARB 

representatives via teleconference, to discuss the potential of the development of NOx 

rules to comply with RACT requirements. The ICAPCD agreed to initiate development 

of three newly proposed rules and three amended rules; Newly proposed rules are as 

follows: 1) Emissions Statement and Certification, 2) Stationary Gas Turbines and 3) 

Boilers, Process Heaters, and Steam Generators, Amended rules are as follows: 1) 

Architectural Coatings, 2) Aerospace Coating Operation, and 3) Automotive Refinishing 

Operations. 

On November 2008, ICAPCD prepared and presented preliminary proposed draft the 

proposed rules to the major local sources which included the Imperial Irrigation District, 

Spreckles Sugar and U.S. Gypsum. The approach by the ICAPCD in releasing the 

preliminary proposed draft NOx rules was to receive industry comment to help identify 

and reduce the risk of major economic burden to the County, if any, before releasing a 

copy to U.S. EPA and the CARB. 
21| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

By January 2009 a preliminary draft copy of the proposed rules were submitted to U.S. 

EPA and CARB for informal review and comment. All comments were reviewed and 

appropriately included into the Rule.

The ICAPCD re-submitted the preliminary proposed Rules to U.S. EPA and CARB, for 

informal comments. Once again, the U.S. EPA and CARB commented on these rules 

and the ICAPCD incorporated these comments into our rules as appropriate. The 

District incorporated their comments into the proposed rules as appropriate. Informal 

comments on these rules were also submitted by the Imperial Irrigation District, 

Spreckels, Sugar and U.S. Gypsum. An agreement was reached with U.S. EPA that 

they will consider proposed Rule 400.2 – Boilers, Process Heaters, and Steam 

Generators to be RACT after adoption, if their comments were addressed.

The ICAPCD conducted a public workshop to collect comments on the newly proposed 

and amended rules at the ICAPCD’s office in El Centro, California. The workshop was 

held on December 16, 2009. Comments provided by the public during the workshop 

were incorporated into the newly proposed and amended rules as appropriate.

A Public notice for a public hearing inviting the community to to review and comment on 

the newly proposed and amended rules was published in the Imperial County local 

newspaper of greatest circulation, the Imperial Valley Press, on December 23, 2009 and 

the ICAPCD website. A second notice cancelling and rescheduling the public hearing 

for the adoption of newly proposed and amended rules was published on January 15, 

2010. 

VI. RECOMMENDATIONS

A. APCD ADVISORY BOARD

The Air Pollution Control District Advisory Board met to discuss the newly proposed and 

the amended Rules on January 7, 2010. The APCD Advisory Board recommended the 

approval of the newly proposed and amended rules, the staff report, it’s findings and 

appendices.

B. STAFF RECOMMENDATION

ICAPCD staff recommends the adoption of the newly proposed Rule 116 -Emissions 

Statement and Certification, Rule 400.1 - Stationary Gas Turbines, Rule 400.2 -Boilers, 

Process Heaters, and Steam Generators and amended Rule 424 for Architectural 

Coatings, amended Rule 425 for Aerospace Coating Operation and amended Rule 427 

for Automotive Refinishing Operations. Adoption of the Rules will allow the ICAPCD to 

meet the NOx deficiency identified in the revised RACT analysis thereby complying with 

federal RACT requirements. Complying with federal RACT requirements will allow the 

ICAPCD to submit an approvable RACT SIP and an “8-hour Ozone Air Quality Modified 

Plan”.
22| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

VII. DECLARATION OF FINDING

The Imperial County Air Pollution Control District Board hereby finds as follows: 

The adoption of the newly proposed and amended rules for the Imperial County, is

considered a project within the meaning of Section §21065 of the California 

Environmental Quality Act (CEQA).

The adoption of the staff report, its findings and appendices are exempt from the 

requirements of Public Resources Code Section 21000 et seq. under the CEQA 

Guidelines, in the California Code of Regulations Section 15061 (b)(3).

The ICAPCD is a regulatory agency and the public agency with the principle 

responsibility for carrying out projects related to air pollution and the control thereof.

Clean air is a valuable and essential natural resource.

The newly proposed and amended rules will serve to reduce the amount of NOx 

introduced into the ambient air.

The adoption of the newly proposed and amended rules will serve to enhance and 

protect the environment by controlling air pollutant sources of NOx.

There has been no evidence presented to suggest that the implementation of the newly 

proposed and amended rules, the staff report, its findings or appendices will have an 

adverse effect on the environment.

There has been no evidence presented to suggest that the implementation of the newly 

proposed and amended rules, the staff report, its findings and appendices will lead to or 

result in cumulative adverse impacts.

Health and Safety Code §40702 provides the authority to the ICACPD to enact and 

adopt the newly proposed and amended Rules.

The requirements of the newly proposed and amended rules, the staff report, it’s

findings and appendices are clear and capable of being understood by those persons 

directly affected by it.

The newly proposed and amended rules, the staff report, it’s findings and appendices

do not conflict with or contradict any existing statute, court decision, or state or federal 

regulation.

The requirements of the newly proposed and amended rules, the staff report, it’s 

findings and appendices are not duplicative of any existing state or federal regulation.

The newly proposed and amended rules, the staff report, it’s findings and appendices 

described herein will not significantly affect air quality or emissions limitations and 
23| ICAPCD STAFF REPORT FOR NEW (NOx) AND AMENDED RULES

therefore is exempt from California Health and Safety Code section §40728.5 (d), which 

requires a socioeconomic impact analysis of the proposed action to be performed. 

The Imperial County has a population of less than 500,000 people.

VIII. REFERENCES

1991 Air Quality Attainment Plan for the San Joaquin Valley Air Basin, San Joaquin 

Valley Unified Air Pollution Control District, January 30, 1992.

Staff Report for Rule 1159, Mojave Desert Air Pollution Control District, February 22, 

1995.

1991 Air Quality Attainment Plan for the San Joaquin Valley Air Basin, San Joaquin 

Valley Unified Air Pollution Control District, January 30, 1992.

California Air Resources Board "Determination of Reasonably Available Control 

Technology and Best Available Retrofit Control Technology for Industrial, Institutional, 

and Commercial Boilers, Steam Generators and Process Heaters" July 18, 1991.