AIR POLLUTION CONTROL DISTRICT



## DRAFT STAFF REPORT

Rule 400.3, Internal Combustion Engines Rule 400.4 Emissions of Oxides of Nitrogen from Wallboard Kilns

Reasonably Available Control Technology

October 22, 2013

I BACKGROUND

In response to a finding by the United States Environmental Protection Agency (US EPA), that Imperial County failed to attain the 1997 8

- hour Ozone National Ambient Air Quality Standard (NAAQS) of 0.08 parts per million (ppm), US EPA reclassified Imperial County to a “Moderate” non

- attainment area on February 13, 2008. “Moderate” non

attainment areas are required, under the Clean Air Act (CAA), to d evelop and implement a State Implementation Plan (SIP) to reduce ozone

- forming emissions of nitrogen oxides (NOx) and Volatile O rganic Compounds (V OC) . Of the many components of a federally mandated SIP, a Reasonable Available Control Technology (RACT) SIP is required to assure that major sources of ozone precursor emissions are controlled to a

“reas onable” extent. 1

The Imperial County Air Pollution Control District ( ICAPCD ) submitted the approved RACT SIP along with the 2009 1997 8

- Hour Ozone Modified Air Quality Management

Plan (Modified SIP)

, demonstrating that Imperial County met the 1997 8

- hour Ozone

Standard , to US EPA for review and approval on December 21, 2010 . Commitments identified under the submitted RACT SIP include the proposed adoption and/or revision

of three rules that would address NOx emissions from new and existing so urces throughout Imperial County

. Adopting and implementing these identified Rules would only serve to assure compliance with the US EPA requirement that Imperial County is controlling, to a “reasonable” extent, ozone precursor emissions. T he newly propo sed Rule 400.3, Internal Combustion Engines ( IC Engines) and Rule 400.4 Emission of Oxides of Nitrogen from Wallboard Kilns (Wallboard Kiln) are being developed to address the implementation of federal RACT on both IC Engines and Wallboard Kiln sources

. The

emission limitations of NOx for both newly proposed Rule s are considered by the U S

EPA to constitute RACT.

The purpose of the newly proposed Rule 400.3 is to limit NOx and carbon monoxide (CO)

emissions from st ationary and portable IC E ngines. IC E ng ines are used to power pumps, natural gas compressors, electrical generators, etc. There are a wide variety of IC engine designs and fuels. Engines are either two or four stroke and are classified as

1 The EPA defines RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53762; September 17

, 1979)AIR POLLUTION CONTROL DISTRICT

either R ich B urn or L ean B urn, and are spark ignited or compression ignited. Typical

fuels used in IC engines include natural gas, propane, butane, liquefied petroleum gas, gasoline, diesel fuel, or a combination of these fuels. As written the rule will require certain operators to modify their equipment or operation to achieve the proposed RACT NOx standards. Essentially, Rule 400.3 applies RACT to IC Engine s greater than 50

brake horse power (bhp) which is consistent with state Air Toxic Control Measure (ATCM) requirements and Rule 202 Exemptions . Rule 4 00.3 establishe s NOx and CO emission limits that apply to R ich B urn E ngines, L ean B urn E ngines and diesel engines. The Rich

B urn NOx limit is 9 0 parts per million per volume ( ppmv ) and the CO limit is 2 500 ppmv.

The Lean B urn NOx limit is 1 50 ppmv and the CO limit is 2 500 ppmv. For engines utilizing d iesel the limit is 600 ppmv for NOx and 2500 ppmv for CO. Finally, the rule allows additional compliance time for those existing IC engines that will be require d to

retrofit their IC engines to meet the standard.

Th e proposed rule was written after reviewing similar rules now in effect in other California counties, specifically Placer County and Mo j ave Desert. Like other rules, the Imperial County Rule 400.3 applies to all sources operating IC engines.

On October 18, 2007 the California Air Resources Board (CARB) adopted an Air Toxics Control Measure (ATCM) that included suggested control limits on particulate emissions

for statio nary diesel engines and requires compliance with NMHC+NOx standards (T itle 13, CCR, section 2423 ) . The ATCM requires that all new and in use diesel stationary IC engines comply with the minimum Tier 1 standards. Because the Tier 1 NOx limits are

more str ingent than the RACT NOx limits contained in this rule, the NOx limits of Rule 400.3 will be subsumed under the Tier 1 requirements of the ATCM. Compliance with

these limits is assumed since the worst case NOx limits contained in the ATCM are more stringent than Rule 400.3 NOx limits.

A District’s permitting database survey revealed that currently, there are no major sources of IC engines within Imperial County. The purpose of the p roposed Rule 400.3

is to fulfill previous commitments found in the District’s RACT SIP and to enhance enforceability of NOx and CO limits by adopting specific guidelines for testing, recordkeeping and reporting requirements.

The purpose of the newly proposed Rule 400. 4 is to limit NOx emissions from st ationary devices operated at wallboard production facilities

. In 1973 there were only 108

w allboard production facilities identified in the United States, and only one such facility is located in Imperial County. The United States Gypsum Company (USG) employs a fundamentally simple gypsum process which includes quarrying, calcinating and either size reduction and/or size separation operations. The equipment utilized by USG is considered standardized throughout the industry.

Rule 400.4 will require operators to modify their equipment or operation s to achieve the proposed RACT NOx standards.AIR POLLUTION CONTROL DISTRICT

The o perational process in creating prefabricated board (wallboard) includes the use of

crushed gypsum (calcium sulfate). Because of the process heat necessary to bake and

d ry the crushed calci um sulfate

, Rule 400.4 limits the e missions of NOx to 30 parts per million by volume (ppmv) or 0.036 pounds (lbs) per million British Thermal Units (BTU) of heat input when operated on gaseous fuels, 40 ppmv or 0.052 lbs per million BTU of heat input when operated on liquid fuels and if a combination of gas and liquid fuels is used the heat input weight average of 0.036 and 0.052

.

II REQUIRED ELEMENTS/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 , nonduplication, and reference (Health & Safety Code §40727). The

ICAPCD is also required to hold a public meeting after the rule or regulation has been properly noticed (Health & Safety Code §40725). Relevant information supporting each of these findings and the propriety of the notice for the public hearing is presented

belo w.

FINDING DEFINITION REFERENCE
Authority The ICAPCD has authority to adopt, amend, or repeal the rule by a provision of law or a state or federal regulation. California Health and Safety Code, Section 40702 and Section 41010;

1990 Federal Clean Air Act, Section 110(a)(2)(H) and Section 182(d). Necessity The proposed rule is needed to

address US EPA’s RACT requirements for 8 hour Ozone SIP approval. It is necessary for the ICAPCD to adopt this rule in order to fulfill the requirements of the Federal Clean Air

Act Amendments of 1990. Clarity Internal combustion engines rated greater than 50 horsepower will be affected by the proposed rule. The rule is written or displayed so that its meaning can be easily understood by the persons directly affected by it. There is no indication at this time that

the rule is not written in such a manner that the person affected by the rule can easily understand it.

Consistency The rule is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state or federal regulations. The ICAPCD has found that the rule is consistent with existing state and federal guidelines

.AIR POLLUTION CONTROL DISTRICT

Non

duplication The rule does not impose the same requirements as an existing state or federal regulation because suggested RACT requirements are not a regulation. The ICAPCD has found that the rule is consistent with existing state and federal regulations. Suggested RACT requirements must be adopted as a

District rule and included in the SIP in

order to b e enforceable.

Reference Any statute, court decision, or other provision of law that the ICAPCD implements, interprets, or makes specific by adopting, amending, or repealing the rule

. This rule is being proposed because of the requirements of the Federal Clean

Air Act Amendments of 1990.

III PROPOSED RULE 400.3 – SUMMARY

The following is a general discussion of the proposed Rule 400.3 Internal Combustion Engines

Section (A)

- Applicability: This section states that the purpose is to limit the

emission of NOx from Internal Combustion Engines. Specifically, to

any Internal Combustion Engine rated greater than 50 bhp. Engines powered by any gaseous fuel or liquid fuel (including liquefied petroleum gas, gasoline or diesel fuel) are included. In order to avoid duplication of requirements, all engines that are subject to the provisions of Rule 400.3 are not subject to Rule 400 requirements.

Section (B)

- Definitions: This section defines 5 new terms used in the rule. Other terms applicable to this rule but not included in this rule are found in Rule 101, Definitions.

Section (C)

- Requirements: NOx emission limits are specified for R ich B urn E ngines,

L ean B urn E ngines and diesel engines. The Rich B urn NOx limit is 90 ppmv at 15% oxygen on a dry basis and 2500 ppmv for CO . The Lean

Burn limit is 1 50 ppmv at 15% oxygen on a dry basis and 2500 ppmv for

CO. The D iesel Engine NOx limit is 6 00 ppmv at 15% oxygen on a dry

basis and 2500 ppmv for CO

.

Section (D)

- Exemptions: this section exempts engines used to preserve or protect property, human life, or public health during a disaster or a state of emergency; engines operated at agricultural sources that are located within facilities that are not classified as major agricultural sources; gas

tur bine engines; emergency stand

- by engines operated less than 100 hours per calendar year for the purpose of testing and maintenance are exempted from compliance with the limits in this rule. In addition,AIR POLLUTION CONTROL DISTRICT

this rule has an exemption for existing Internal Com bustion Engines to be permanently replaced with electric motors or removed from service by April 22, 2014

. While not specified in this section , any engin e(s) rated by the manufacturer less than or equal to 50 bhp

, if they are

maintained to manufacturer’s specifications

, are exempted.

Section (E)

- Recordkeeping Requirements: Recordkeeping includes a list of specific records that are to be maintained on

- site for each month or any part of a month that the device is operated. These records are required to demonstrate compliance with the rule limits or to demonstrate that the engines are maintained according to manufacturer’s recommendations. Any facility claiming an exemption status must keep records to document the claimed exempt status. An
owner or operator o f an engine(s) subject to this rule shall install a non

resettable totalizing fuel meter or non

- resettable engine operating

hour’s meter.

Section (F)

- Test Methods: Compliance with the requirements of Section C shall be

determined i n accordance with the test method s a pproved by U.S.

EPA and/or CARB.

Section (G)

- Compliance Testing : The owner or operator o f any Internal Combustion Engine (s) with a bhp rating of 500 or greater shall demonstrate compliance through emission compliance testing not less than once every 36 months. All emission rates shall be based on an hourly average. Compliance testing may be extended to not less than

every 60 months for combustion eng ine(s) which operate less than 5 00 hours per 12 month periods (as demonstrated by operational logs) and which emit less than 5 tons of NOx per 12 month period. This period may be extended if a source can prove that the engine(s) has not been operated during the calendar year. Also, the frequency of testing may be extended to not less than every 60 months for those engines operating more than 500 hours per year which demonstrate compliance with the limits on this rule by using a portable NOx analyzer during each quarter of operation

.

Section (H)

- Records Retention : The owner or operator of any I nternal Combustion Engine (s) subject to this rule shall maintain all records required by this rule for a minimum of two calendar years. Title V facilities shall maintain these records for five calendar years. These records shall be maintained on the premises and made available to the ICAPCD upon request.AIR POLLUTION CONTROL DISTRICT

Section (I)

- Compliance Schedule: According to 40 CFR, Section 51.912(a)(3), the APCD can allow up to 30 months after the SIP due date for source compliance with 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 one year after adoption of this rule. On or before six months after adoption

of this rule , an owner or operator of an IC engine not in compliance with this rule shall submit for approval by the Air Pollution Control Officer (APCO), an Authority to Construct (ATC)/Permit to Operate (PTO) application amendment.

IV CONTROL TECHNOLOGY

The choice of a control technology is to be determined by the owner or operator of the affected facility. Differen t control technologies achieve different emission reductions represented by a percentage basis. If an IC engine is properly sized and maintained or is already equipped with emission controls, a smaller emission reduction may be necessary to achieve the NOx emission limits. In which case a number of less expensive control technologies such as air

- fuel adjustment or timing retard may be sufficient to comply with the NOx emission limitations. In some cases no additional controls will be necessary.

Air

- Fuel Adjustment . In a Rich Burn Engine, adjusting the air

- fuel (A/F) ratio to a richer fuel mixture decreases the amount of oxygen available for NOx formation. Changing the A/F ratio can reduce NOx by 10% to 40%. Diesel and dual

- fuel engines can

achieve about 14% NOx reduction.

Alternative Fuels . Converting from distillate fuel to methanol would reduce NOx emissions by about 50%.

Electrification . Replacing IC engines with electric motors can reduce NOx emissions by 100% at the source. However, the generation of electricity produces some NOx at the electric utility so that the overall effective NOx reduction is about 90%. This alternative is not always cost

- effective. Factors determining feasibility and cost

- effectiveness

include access and distance to a power supply, cost of interconnection, and hours of operation per year.

Emulsion . Water/fuel oil emulsion can reduce NOx emissions by reducing peak combustion temperature. One problem with this method is that water separating from the emulsion could cause pump and valve corrosion and rapid wear of piston rings and cylinder liners. This technology is still being developed and tested.AIR POLLUTION CONTROL DISTRICT

Exhaust Gas Recirculation (EGR) . Exhaust gas recirculation reduces NOx emissions by reducing the peak combustion temperature. This technology is found on nearly all modern automobiles. The presence of exhaust gas in the combustion zone acts as a heat sink and reduces the amount of oxygen available to produce NOx. With 25 percent recirculation, an average NOx reduction of 36 percent can be achieved. This control technology works well for spark

- ignited engines, but is not well suited for diesel engines.

Low

- Emission (L

- E) Combustion . Low

- emission combustion designs incorporate a pre

combustion chamber which ignites a f uel

- rich mixture that propagates to the main combustion chamber. The high exit velocity from the pre

- combustion chamber promotes mixing and complete combustion of the lean A/F mixture in the main chamber, effectively lowering combustion temperatures and decreasing NOx emission levels. L

- E combustion is available on new engines or as a retrofit kit for some older engines. This technology can be used on rich or lean

- burn spark

- ignited engines and on dual

- fuel fired engines with a NOx reduction of approxima tely 87%.

Non

- Selective Catalytic Reduction (NSCR) . NSCR is an emission control technology that can be used on spark

- ignited rich

- burn IC engines. This technology is also found on nearly all modern automobiles. Unburned hydrocarbons and CO in the exh aust gases react with nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ) over a catalyst to produce inert nitrogen gas and water. Installed in the exhaust stream, the system may also require automatic control of the fuel/air ratio to maintain a slightly fu el

- rich mixture and to prevent catalyst blinding or fires in the catalyst bed. NSCR would reduce NOx emissions by about 90%.

Pre

- stratified charge (PSC) . A PSC fuel system for rich or lean

- burn IC engines would reduce NOx emissions by about 87%. This c ontrol method uses recirculated exhaust gases and air injection into the intake manifold. It requires a modified long

- duration high

- energy spark ignition system because of the leaner fuel

- air mixture in the

combustion chamber.

Selective Catalytic Reducti on (SCR) . SCR is an emission control technology that can be used on spark

- ignited lean

- burn or compression

- ignited (diesel) IC engines. A reducing agent (e.g., anhydrous ammonia) is added to the exhaust gas to reduce NO

and NO 2 to inert nitrogen gas and water in an oxidizing atmosphere. SCR can reduce NOx emissions by 80 – 90%. However, this control technology is cost

- intensive and has the added hazardous waste management responsibilities associated with anhydrous ammonia.

Timing Retard . Retarding the spark timing in spark

- ignited engines or the fuel injection timing in diesel or dual

- fuel engines would reduce NOx formation by reducing peak cylinder temperatures. This is another control technique found in modern automobiles.AIR POLLUTION CONTROL DISTRICT

A six degree s timing reta rd reduces NOx an average of 25%, while hydrocarbons and CO emissions generally remain the same. However, the exhaust temperature increases thereby reducing engine efficiency and increasing fuel consumption about 5

%.

Turbocharger/Aftercooler . A turbocharger uses energy from the exhaust stream to turn a compressor and increase the intake air pressure. Thus, a larger mass of air and fuel can be injected into the cylinder resulting in higher power output. Since the turbocharger increases the temperature of the air it compresses, a heat exchanger (aftercooler or intercooler) is usually used to lower the temperature of the intake air. Although the concentration of NOx increases, the increase in energy efficiency results in lower NOx emissions per unit of power output. This control method can achieve an average 25% reduction in NOx emissions, with an average 5% decrease in fuel consumption.

V PROPOSED RULE 400.4 – SUMMARY

The following is a general discussion of the proposed Rule 400.4 Emissions of Oxides of Nitrogen f rom Wallboard Kilns

Section (A)

- Applicability: This section identifies the purpose and to whom the rule applies. The intent of the rule is to limit oxides of nitrogen ( NOx) from kilns operated at new or existing wallboard facilities with a heat input rating of 5 million B tu ’s per hour or more. Kilns subject to the requirements of this rule are exempt from the provisions of Rule 400

Section (B)

- Definitions: This section defines “Wallboard Kiln” as a device for drying. This section also clarifies that any definition not found within

R ule 400.4 can be found within Rule 101, Definitions.

Section (C)

- Requirements: NOx emissions limits are specified in parts per million by volume or in pounds per million B tu of heat input. This section identifies the conditions for the limits as dry stack

- gas and a hourly average of 3% volume stack

- gas oxygen.

Section (D)

- Exemptions: This section identifies exemptions applicable to kilns used at wallboard production facilities as during startup, shutdown or during a change in load. This section also limits the number of hours allowed when the combustion process is being brought up to operating levels.

Kilns of more than 40 MM B tu per hour may not exceed 12 hours and

k ilns o f equal to or less than 40 MM B tu per hour cannot exceed 6 hours. Finally, this section allows for the permit to operate to dictate the number of hours not to be exceeded when bringing the combustion process up to operating levels.AIR POLLUTION CONTROL DISTRICT

Section (E)

- Monitoring and Recordkeeping Requirements: This section requires owners or operators to maintain operational logs of startups, shutdowns and fuel changes. In addition, owners and operators are required to keep a log of the type and quantity of each fuel used. This

section fu rther explains that compliance using CEMS data is to be based on an averaging period of one clock hour.

Section (F)

- Test Methods: This section identifies the methods necessary to demonstrate compliance with emission limits. The section identifies

US EPA and CARB tes t methods. This section also explains that other test methods approved by US EPA may be used.

Section (G)

- Source Test Requirements : This section explains the levels of performance for source testing and the frequency required for source testing when demonstrating compliance. Source testing is required once every 12 months however there are provisions, of no less than 36 months, for those k ilns that operate less than 100 hours and that emit less than 5 tons of NOx per a 12 month period. Performance levels

include 80 % of the power rating or the highest achievable continuous power rating and the operational characteristics recommended by the manufacturer. For a compliance determination an average of three test runs are required and the submittal of a source test plan no less than 30 days prior to the actual source test. Notification of the actual date of the source test at least 7 days prior to the source test and with the final source test result submitted to the APCO within 60 days of the

source test.

Section (H)

- Records Retent ion : This section requires the retention of records for a minimum of two calendar years. Title V facilities are required to maintain records 5 calendar years. All records are required to be

maintained on site and made available to the ICAPCD upon request.

VI CONTROL TECHNOLOGY

As mentioned above “calcination” is used for drying or aging crushed gypsum. The operational process and equipment is per industry standards and typically requires a

contin uously operating rotary or pot kiln and some silos. Kilns are direct fired with typical heat supplied through coal, natural gas or fuel oil. USG, the only wallboard facility in Imperial County uses natural gas. NOx control approaches are typically categorized as process modifications, combustion control approaches and NOx

reduction controls.AIR POLLUTION CONTROL DISTRICT

Low

- NOx burner systems which rely on staged combustion of air are available for all

k iln types. Depending on the baseline emissions of a kiln, publications have reported NOx reduction rates of 23 to 47 percent. Staged combustion of fuel includes the use of preheaters/precalciners and mid

- kiln firing. Industry publications reported results from tests conducted using mid

- kiln firing. These tests demonstrated NOx reductions ranging from 28 to ov er 50 percent.

Control technology that removes or destroys NOx formed in the combustion process includes Selective Catalytic Reduction (SCR) and Selective Noncatalytic Reduction (SNCR). However, it is the owner or operator which will ultimately determine the most appropriated control technology for the facility, if necessary.

Selective Catalytic Reduction (SCR): SCR uses ammonia in the presence of a catalyst to selectively reduce NOx emissions from exhaust gases.

Selective Noncatalytic Reduction (SNCR): SNCR uses ammonia or urea without using any catalyst to reduce NOx in exhaust gases. NOx emission reductions have been recorded at 30 to 70 percent. Unlike SCR technology this approa ch avoids catalyst fouling but does require injection of reagents into the kiln at a temperature between 870 to 1090°C (1600 to 2000°F). At these temperatures urea decomposes to produce ammonia which is responsible for NOx reduction.

VII ENVIRONMENTAL IMPACT S

Rules 400.3 Internal Combustion Engine(s) and Rule 400.4 Emissions of Oxides of Nitrogen from Wallboard Kilns require that identified sources meet specific emission limits by controlling the emissions sources using technology or modifying the operationa l process. Analysis demonstrates that the c ontrol of N Ox emissions from the implementation of Rule 400.3 and 400.4 was found not to have any significant environmental impacts which cannot be mitigated to a less than significant level

.

VIII EMISSIONS REDUCTIONS FOR RULE S 400. 3 and 400.4

On October 18, 2007 the CARB adopted an ATCM that included suggested control limits on particulate emissions for stationary diesel engines and requires compliance

with NMHC+NOx standards found in T itle 13, CCR, section 2423. The ATCM requires compliance of all in use IC engines to a minimum Tier 1 standard. A ll Tier Zero diesel engines were required to be retrofitted to minimum Tier 1 standard by June 30, 2011

. The Tier 1 NOx limits are more stringent than the RACT NOx limits in this rule; therefore, the NOx limits of Rule 400.3 will be subsumed under the Tier 1 requirements

of the ATCM. Because the worst case NOx limits contained in the ATCM are more stringent than Rule 400.3 NOx limits compliance with Rule 400.3 l imits is assumed

. Since ATCM noncompliant engines were required to retrofit to Tier 1 standards in 2011,

no further NOx emissions reductions are committed for the adoption of rule 400.3.AIR POLLUTION CONTROL DISTRICT

As mentioned above, only one wallboard facility is located in Impe rial County. USG has

installed lo w- NOx burner technology on its kilns since 2009. Therefore, no additional NOx emissions reductions are committed for the adoption of rule 400.4

IX COSTS AND COST EFFECTIVENESS

According to CARB’s ATCM for stationary diesel engines, all diesel engines are required to meet minimum Tier 1 NOx standards. The ICAPCD’s evaluation indicates that Tier 1 engine standards are sufficient to comply with Rule 400.3 standards. Since the Tier Zero engines identified in the District’s permitting database survey are already required to be retrofitted in order to comply with the ATCM standards regardless of cost or cost effectiveness, a cost effectiveness analysis for Rule 400.3 is not considered necessary. Furthermore, the IC APCD ’s survey did not identify any Rich

- Burn or Lean Burn engines that may be out of compliance with Rule 400.3 limits thus a cost effectiveness evaluation for these types of engines is not necessary.

X 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 NOx rules : 1) Stationary Gas Turbines and 2) Boilers, Process Heaters, and Steam Generators and 3) Internal Combustion Engines. Of the three identified rules only the Internal Combustion Engine rule had not been proposed for adoption. Both the Stationary Gas Turbine rule and the Boiler rule were adopted February 23, 2010. During the interim and during new discussions with US EPA NOx evaluations identified the need to develop a specific rule addressing kilns. Thus, the ICAPCD agreed to develop a rule specific to kilns for wallboard fabrication.

During the third quarter of 2012, October through December, ICAPCD prepared and released proposed draft versions of Rules 400.3 and Rule 400.4 to major local sources, soliciting c ommen t s prior to any formal hearing process.

The ICAPCD conducted a p ublic workshop on September 18, 2013 soliciting comments on Rule 400.3. The workshop was held at the IC APCD office in El Centro. Comments provided by the public during the workshops were incorporated into the proposed rule as appropriate. A meeting was held with USG to solicit comments on the proposed

Rule 400.4. No formal c omments have been submitted by USG

.

Public notices of the proposed adoption of th ese rule s were published in loca l newspaper on September 18, 2013. The notice and draft rule s were made available on

the ICAPCD’s website at www.co.imperial.ca.us Advisory notices were mailed to the permitted sources that had engines, including exempt and non

- exempt.AIR POLLUTION CONTROL DISTRICT

XI RECOMMENDATIONS :

APCD ADVISORY BOARD:

The Air Pollution Control District Advisory Board is scheduled to me et on October 10,

2013 to discuss the newly proposed Rules 400.3 and 400.4. Once the final recommendation is made by the Air Pollution Control District Advisory Board this section of the Draft Staff Report will be updated and the final recommendation will be announced during the scheduled Public Hearing on October 22, 2013.

STAFF:

ICAPCD staff recommends adoption of the attached Rule 400.3 and 400.4. Adoption of

both rules 400.3 and 400.4 will allow the ICAPCD to meet commitments identified in the Imperial County RACT SIP certifying that RACT requirement s for NOx regulation s are not deficient

. Failure to adopt the NOx Rule 400.3 and Rule 400.4 will hinder the approval process in place for the Imperial County 2009 Modified Ozone SIP.

XII DECLARATION OF FINDINGS

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

The adoption of the proposed new Rule 400.3 and Rule 400.4 for the Imperial County, is considered a project within the meaning of Section §21065 of the California

Environme ntal Quality Act (CEQA).

The ICAPCD is a regulatory agency and the public agency with the principle responsibility for carrying out the project.

Clean air is a valuable and essential natural resource.

Proposed new NOx Rule 400.3 and Rule 400.4 will serv e to reduce the amount of NOx

introduced into the ambient air.

Proposed new Rule 400.3 and Rule 400.4 will serve to enhance and protect the environment by controlling air pollutant source s of NOx.

There has been no evidence presented to suggest that the implementation of the proposed new NOx Rule 400.3 and Rule 400.4 will have an adverse effect on the

environment.AIR POLLUTION CONTROL DISTRICT

There has been no evidence presented to suggest that the implementation of the proposed new Rule 400.3 and Rule 400.4 will lead to or result in cumulative adverse impacts

.

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

Rule 400.3 and Rule 400.4

.

The requirements of the new NOx Rule 400.3 and NOx Rule 400.4 are clear and capable of being understood by those persons directly affected by it.

The new Rule 400.3 and Rule 400.4 do not conflict with or contradict any existing statute, court decision, or state or federal regulation.

The requirements of the new NOx Rule 400.3 and new NOx Rule 400.4 are not duplicative of any existing state or federal regulation.

Per the California Health and Safety Code section §40728.5 (d), a socioeconomic impact is exempt as the Imperial County has a population of less than 500,000 people.

XIII REFERENCES

California Air Resources Board "Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Stationary Spark

- Ignited IC Engines”

San Joaquin Valley SJAPCD Rule 4701 Survey, September 1993.