PROPOSED 2/29/08 

### ATTACHMENT 7 RULE 74.29: 1 VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 74.29 - SOIL DECONT AMINATION OPERATIONS (Adopted 10/10/95, Revised 1/8/02, Revi sed xx/xx/xx Effective July 1, 2008 )

A. Applicability

This rule is applicable to soils that c ontain gasoline, diesel fuel, or jet fuel.

B. Requirements

1. No person shall cause or allow the aerati on of soil that contains gasoline, diesel fuel, or jet fuel, if such aeration:

a. Emits reactive organic compounds (R OC), as measured by a certified organic vapor analyzer, organi c vapors sufficient to cause a calibrated organic vapor analyzer meeting the specifications of EPA Method 21 to register in excess of 50 parts per million by volume (ppmv) above background, as hexane, or more, except nonrepeatable momentary readings, as de termined by the method specified in Subsection F.5 . In determining compliance, a portion of soil measuring three inches in depth

and no less than six inches in diam eter shall be removed from the soil surface and the probe inlet shall be pl aced near the center of the resulting hole, level with the soil surface surrounding the hole ; or

b. Causes a nuisance, as defined in th e California Health and Safety Code Section 41700 and Rule 51, Nuisance.

Offsite aeration is prohibited.

2. No person shall excavate an underground storage tank and/or transfer piping currently or previously used to store an applicable compound, or excavate or grade soil containing an applicable com pound, unless ROC emissions are monitored with a certified organic vapor analyzer at least once every 15 minutes during the excavation period commencing at the beginni ng of excavation or grading. Soil with emission measurements in excess of 50 parts per million by volume (ppmv), as hexane, a shall be c onsidered contaminated.

During excavation, all inactive exposed cont aminated soil surfaces shall be treated with a vapor suppressant or covered with continuous heavy duty plastic sheeting (4 mil or greater) or other covering to minimize emissions of ROC to the atmosphere. Covering sha ll be in good condition, overl apped at the seams, and securely anchored to minimize h eadspace where vapors may accumulate.PROPOSED 2/29/08 RULE 74.29: 2 3 2 . No person shall operate a vapor extrac tion, bioremediation, or bioventing system

unless: any gasses vented to the atmosphere have an ROC co ncentration ROC emissions, as measured by a certif ied organic vapor analyzer, are less than or equal to 100 ppmv, measured as methane. If the total system flow rate maximum rating of the system's blower or fan is greater than 300 standard cubic feet per minute (scfm) and the system would emit ROC at a rate greater than 0.08 lb/hour,

a Health Risk Assessmen t shall be required.

4 3 . No person shall operate an in situ soil bioventing or bioremediation system that emits fugitive gasses to the atmosphere if su ch gasses contain organic compounds sufficient to cause a calibrated organic vapor analyzer meeting the specifications of EPA Method 21 to register unless ROC emissions, as measured by a certified organic vapor analyzer, ar e less than or equal to 50 ppmv a bove background , as hexane, or more, except nonrepeatable momentary r eadings, when measured at a

distance of three inches from the soil surface.

5 4 . The owner or operator of any applicable underground gasoline storage tank shall notify the District Enforc ement Section Compliance Division at least 24 hours prior to beginning the excavation of sa id storage tank and/or transfer piping

.

6. Contaminated soil in active storage pile s shall be kept visibly moist by water spray, treated with a vapor suppressant , or covered with continuous heavy duty plastic sheeting (4 mil or greater) or other covering to minimize emissions of ROC to the atmosphere. Covering sha ll be in good condition, overlapped at the seams, and securely anchored to minimize headspace where vapors may accumulate. For any active storage pile, the surface area not covered by plastic sheeting or other covering sh all not exceed 6,000 square feet.

7. Contaminated soil in inactive storage pile s shall be with cove red with continuous heavy duty plastic sheeting (4 mil or greater) or other covering to minimize emissions to the atmosphere. The coveri ng shall be in g ood condition, overlapped at the seams, and securely anchored to minimize headspace where vapors may

accumulate.

8. If not removed within 30 days of ex cavation, on-site trea tment to remove
contamination from contaminated soil at an excavation or grading site shall be initiated. The treatment of contaminated soil shall be subject to all applicable District Rules and Regulations.

9. Trucks used to transport contaminated soil must meet the following requirements:

a. The truck and trailer shall be tarped prior to leaving the site.

Contaminated material shall not be visible beyond the tarp and shall not

extend above the sides or rear of the truck or trailer; andPROPOSED 2/29/08 RULE 74.29: 3 b. The exterior of the truc k, trailer and tires shall be cleaned prior to leaving

the site.

C. Exemptions

1. The provisions of this rule shall not a pply to soil that was contaminated by a leaking storage tank used in an agricultu ral operation engaged in the growing of crops or the raising of fowl or animals.

2. Subsection B.1.a shall not apply to any soil aeration project where the owner or operator demonstrates to the satisfaction of the Air Pollution Control Officer that

the follow ing two requirements are satisfied:

a. The project is not located within 1,000 feet of the outer boundary of a school, and

b. The project will result in the emi ssion of less than 200 pounds of ROCs per rolling twelve month period.

2 3 . The requirements of Subsec tion B.1.a shall not apply to :

a. Soil To soil excavation activities necessary fo r the removal of in situ soil

such as in the removal of an unde rground storage tank, pipe or piping system, provided the exposed soil is properly covered as specified in

Subsection B.7 while inactive within one hour of terminating the activity ;

or

b. Soil To soil moving, loading, or transport activities performed for the sole purpose of complying with local, state, or federal laws, pr ovided the soil is properly handled in accordance with such laws; or

c. Soil To soil excavation or handling occurring as a result of an emergency as declared by an authorized health officer, agricultural commissioner, fire protection officer, or other authorized agency officer. Whenever possible,

the APCO Air Pollution Control Officer shall be notified prior to commencing such excavation; or

d. Any To any soil aeration project involving less than 1 cubic yard 10 cubic yards of contaminated soil, pr ovided the soil contains less

than 0. 8 percent by weight contaminant, as analyzed in accordance

with Subsection F.2 ; or

e. Situations where Where the soil contamination resulted from a spill or release of less than five (5) gallons one barrel of diesel fuel, jet fuel, or gasoline; orPROPOSED 2/29/08 RULE 74.29: 4 f. Contaminated To contaminated soil used as daily cover at permitted Class III Solid Waste Disposal Sites if such soils do not have a gasoline concentration exceeding 100 parts per million by weight (ppmw) or a diesel fuel concentration exceeding 1,000 ppmw as determined by the met hod specified in Subsection F.1

F.2

.

D. Recordkeeping Requirements

For any soil aeration project subject to this rule, the records specified in Subsection D.1

shall be made available to the Air Pollution Control Office r upon request for at least two years after initial entry.

For any other soil aeration decontamination project subject to this rule, records showing

each date that soil was aerated and th e quantity of soil aerated on each date the following

information shall be made available to the Air Pollution Control Officer upon request for at least two years after initial entry.

1. All dates that soil was di sturbed and the quantity of soil disturbed on each date.

2. Reasons for excavation or grading.

3. Cause of VOC soil contamina tion and history of the site.

4. Description of tanks or piping a ssociated with the soil contamination.

5. Description of mitigation measures empl oyed for dust, odors and ROC emissions.

6. Details of treatment and/or disposal of ROC contaminated soil, including the ultimate receptor.

7. Description of monitoring equipment and techniques.

8. All ROC emission measurements shall be recorded on a continuous permanent strip-chart or in a format approved by the Air Pollution Control Officer (APCO).

9. A map showing the facility layout, pr operty line, and surrounding area up to 2500 feet away, and including any schools, resi dential areas or other sensitive receptors such as hospitals or locations where children or elderly people live or work.

E. Violations

Failure to comply with any provision of this rule shall constitute a violation of this rule.PROPOSED 2/29/08 RULE 74.29: 5 F. Test Methods

1. For Subsection C.2.b, the emissions shall be determined as:

E = W(P/100)(2000)

Where:

E = Emissions (pounds)

W = Estimated weig ht of soil in tons assuming 1.25 ton/yd 3

P = The average percent by weight of contaminant in soil, not including methane, found in samples taken and analyzed in accordance with

Subsection F.2.

1 2 . The percent by weight of contaminant in soil samples shall be determined by EPA

Method 8015B. Samples shall be introduced using Method 5035 (Purge and Trap) and shall be taken in accordance with the Los Angeles Regional Water Quality Control Board's guidelines for contaminated soil sampling. Standards

shall be the same as the contaminant believed to be in the soil. If the soil is contaminated with methanol 85 (M85) the standard used shall be M85.

2 3 . To determine if the 0.08 lb/hr threshold in Subsection B.2, will be exceeded, the emission rate (ER) shall be determined as:

ER = (MR)(ppmv)(16 lb/lbmole)(60 min/hour) (387 scf/lbmole)(10 6 )

Where: MR = Maximum rating of the syst em's fan or blower in scfm. ppmv = Contaminant concentration in parts per million by volume, as methane, in the system's exhaust or vent as determined in a manner consistent

Subsection F.3 4 and according to a monitoring schedule approved by the

District.

3 4 . The organic vapor ROC concentration measurements required in Subsections B.1, B.2, B.3, B.4, and shall be made using an organic vapor analyzer certified according to the requirements in the exhaust of a vapor extraction, bioventing, or bioremediation system shall be determined using an instrument that meets the specifications of EPA Method 21. For stack measurements, the The probe inlet of

such instrument the analyzer shall be placed on the centerline of the exhaust or vent, upstream of the point where the exhaust gass es meet the atmosphere.

5. In determining compliance with Subsec tion B.1.a, a portion of soil measuring

three i nches in depth and no less than six in ches in diameter shall be removed from the soil surface and the probe inlet shall be placed near the center of the resulting hole, level with the soil surface surrounding the hole.PROPOSED 2/29/08 RULE 74.29: 6 G. Definitions

1. "Active": A worksite to which soil is currently being added or from which soil is currently being removed. Activity must occur within one hour to be current.

2 1 . "Aeration": The exposure of excavated contaminated soil to the atmosphere without the use of air pollution control equi pment or vapor extraction equipment.

3 2 . "Bioremediation system": A system that uses endogenous or exogenous biological agents to degrade soil conta minants to less hazardous compounds. In bioremediation, microbial pr ocesses are controlled by factors such as soil pH, salinity, oxygen level, water c ontent, and nutrient level.

4 3 . "Bioventing system": A type of bioremed iation system in which air or oxygen is supplied to the unsaturated zone of contaminated soil to stimulate aerobic biodegradation of soil contaminants. Biove nting systems are designed to provide only the necessary amount of oxygen for biodegradation while minimizing

contaminant volatilization. Bioventing may be implement ed by injecting air or oxygen through a screened well in the contaminated zone or withdrawing air through a screened well, thereby drawing air into the contaminated soil from the surrounding clean soil. Bioventing system s may or may not have a vent to the atmosphere.

5. "Certified organic vapor analyzer": An applicable instrument meeting the specifications and performance criteri a in Section 6.0 of EPA Method 21.

6 4 . "Contaminant": Diesel fuel, gasoline, or jet fuel.

7 5 . "Contaminated": Containing di esel fuel, gasoline, or jet fuel Emitting ROC in excess of 50 parts per million by volume (ppmv), as hexane

.

8 6 . "Daily Cover": Soil that is applied on a daily basis or less freque ntly as a covering

over landfill waste.

9 7 . "Diesel Fuel": A blend of petroleum called middle distillates (heavier than gasoline but lighter than lubrication oil) that may contain additional additives.

10. “Excavation”: The process of digging out and removing soil. Included is the digging out and removal of any material necessary to expose soil, such as asphalt

or concrete.

11 8 . "Gasoline": Any petroleum distillate ha ving a Reid vapor pressure of 4.0 pounds per square inch or greater, which is sold or intended for sale for use in motorPROPOSED 2/29/08 RULE 74.29: 7 vehicles or engines and is commonly or commercially known or sold as gasoline. Under this definition, methanol 85 (M 85) shall be considered gasoline.

12. “Grading”: The process of leveling o ff material to produce a smooth surface. Included is the removal of any material n ecessary to expose the contaminated soil, such as asphalt or concrete.

13 9 . "Health Risk Assessment": For the purpos e of this rule, a study conducted by the District to determine the potential for health risks caused by emissions from a proposed soil decontaminati on operation. The applicant is subject to fees pursuant to Rule 42 to recover the District 's costs of conducting the assessment.

14. "Jet Fuel": A kerosene-based product having a maximum distillation temperature of 400 degrees Fahrenheit at the 10 percen t recovery point and a final maximum boiling point of 572 degrees Fahrenheit a nd meeting the American Society of Testing and Materials Specification D 1655 and Military Specifications MIL-T5624P and MIL-T-83133D (Grades JP-5 a nd JP-8), used for commercial and military turbojet and tur boprop aircraft engines.

15 10 . "Methanol 85 (M85)": A blend consistin g of 85 percent meth anol and 15 percent gasoline.

16 11 . "Nonrepeatable Momentary Readings": "Indications of the presence of organic gasses using a detector meeting the a pparatus requirement s of EPA Method 21 which persist for less than five seconds and do not recur when the sampling probe is placed in the same location for at least twice the response time of the

instrument.

17 12 . "Owner or operator": Any person or authorized representative who has legal title to, leases, operates, controls, or supervises the operation of:

a. An underground storage tank, including pipes connected thereto, or the real property on which such ta nk or pipes are located, or

b. Real property on which surface or s ubsurface soil will undergo aeration to

remove contaminants.

13. "Properly Covered": Contaminated soil shall be considered properly covered provided one of the following requirements is satisfied:

1) The soil is placed on concrete, asphalt, or plastic sheeting and complete ly

covered so that emissions from the soil would not exceed the limit specified in Subsection B.1.a. The soil may be covere d with a minimum

of six inches of soil that has been determined to be not contaminated.PROPOSED 2/29/08 RULE 74.29: 8 2) The soil is placed in one or more sealed containers.

18 14 . "School": Any public or private estab lishment used for the purpose of educating more than 12 children in kindergarten or any of the grades 1 to 12, inclusive, but does not include any private establishm ent in which education is primarily conducted in private homes.

19 15 . "Soil Aeration Project": One or more operations conducted at a stationary source over any 12

- month rolling period, in which excavated and contaminated soil is exposed to the atmosphere without the us e of air pollution control equipment or a vapor extraction, biorem ediation, or bioventing system.

20 16 . "Underground Storage Tank:" Any one or combination of tanks, having at least 10 percent of the underground tank system volume, including the volume of any connected piping, below the ground surface or enclosed below earthen materials.

21 17 . "Vapor Extraction System": An underg round or aboveground system that extracts contaminants from soil or ground water us ing air injection and/or suction and routes the vapors to the surface of the cont aminated soil. This definition does not include equipment designed or used to expose soil openly to the atmosphere to facilitate evaporation of ROCs.