SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix B: Rule Consistency Analysis December 15, 2011 

B-1 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4352 

APPENDIX B 

Rule Consistency Analysis 

For Revised Proposed Amendments to Rule 4352 

December 15, 2011 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix B: Rule Consistency Analysis December 15, 2011 

B-2 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4352 

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SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix B: Rule Consistency Analysis December 15, 2011 

B-3 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4352 

RULE CONSISTENCY ANALYSIS FOR 

REVISED PROPOSED AMENDMENTS TO RULE 4352 

I. REQUIREMENTS FOR RULE CONSISTENCY ANALYSIS

Pursuant to Section 40727.2 of the California Health and Safety Code, prior to adopting, 

amending, or repealing a rule or regulation, the District is required to perform a written 

analysis that identifies and compares the air pollution control elements of the rule or 

regulation with corresponding elements of existing or proposed District and United 

States Environmental Protection Agency (EPA) rules, regulations, and guidelines that 

apply to the same source category. The elements analyzed are emission standards, 

monitoring and testing, and recordkeeping and reporting requirements. 

II. RULE CONSISTENCY ANALYSIS 

A. District Rules 

Facilities subject to District Rule 4352 could be subject to other District rules including: 

 Rule 2201 New and Modified Stationary Source Review 

 Rule 2020 Exemptions 

 Rule 2520 Federally Mandated Operating Permits 

 Rule 4101 Visible Emissions 

 Rule 4301 Fuel Burning Equipment 

 Rule 4305 Boilers, Steam Generators, and Process Heaters – Phase 2 

 Rule 4306 Boilers, Steam Generators, and Process Heaters – Phase 3 

 Rule 4307 Boilers, Steam Generators, and Process Heaters – 2.0 MMBtu/hr to 

5.0 MMBtu/hr 

 Rule 4308 Boilers, Steam Generators, and Process Heaters – 0.075 MMBtu/hr 

to less than 2.0 MMBtu/hr 

 Rule 4351 Boilers, Steam Generators, and Process Heaters – Phase 1 

 Rule 4601 Architectural Coatings 

 Rule 4801 Sulfur Compounds 

 Rule 8011 General Requirements 

 Rule 8021 Construction, Demolition. Excavation, Extraction, and Other 

Earthmoving Activities 

 Rule 8031 Bulk Materials 

 Rule 8041 Carryout and Trackout 

 Rule 8051 Open Areas 

 Rule 8061 Paved and Unpaved Roads 

 Rule 8071 Unpaved Vehicle/Equipment Traffic Areas 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix B: Rule Consistency Analysis December 15, 2011 

B-4 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4352 

The above-listed rules are not in conflict with, nor are they inconsistent with the 

requirements of Proposed Rule 4352. 

B. Federal EPA Rules and Regulations 

1. 40 CFR 60 Subpart D (Standards of Performance for Fossil-Fuel Fired Steam 

Generators for Which Construction Commenced After August 17, 1971) 

40 CFR 60 Subpart D applies to fossil fuel-fired, and fossil fuel and wood 

residue-fired steam generating units of more than 250 MMBtu/hr that 

commenced construction or modification after August 17, 1971. Subpart D 

establishes the emission standards for NOx, SOx, and PM. Since Rule 4352 

applies to units that are fired on solid fuel, the rule consistency analysis focused 

only on the NOx standards established in 40 CFR 60 Subpart D for similar type 

of fuel. 

NOx limits: 

• Wood residue, or gaseous fossil fuel and wood residue – 0.30 lb/MMBtu 

• Solid fossil fuel or solid fossil fuel and wood residue (except lignite or a 

solid fossil fuel containing 25 percent, by weight, or more of coal refuse) – 

0.70 lb/MMBtu 

• Lignite or lignite and wood residue – 0.60 lb/MMBtu 

• Lignite which is mined in North Dakota, South Dakota, or Montana and 

which is burned in a cyclone-fired unit – 0.80 lb/MMBtu 

In general, the applicability, emission limits, and monitoring requirements of Rule 

4352 are more stringent than those specified for units that are subject to 40 CFR 

60 Subpart D. 

 

2. 40 CFR 60 Subpart Db (Standards of Performance for Industrial-CommercialInstitutional Steam Generating Units) 

40 CFR 60 Subpart Db applies to steam generating units with a heat input 

capacity of greater than 100 MMBtu/hr that commence construction, modification, 

or reconstruction after June 19, 1984. Steam generating units, as defined in 40 

CFR 60 Subpart Db, do not include process heaters. Rule 4352 applies to solid 

fuel fired units so the rule consistency analysis focused only on the NOx 

standards established in 40 CFR 60 Subpart Db for similar type of fuel. 

NOx limits: 

• Mass-feed stoker – 0.50 lb/MMBtu. 

• Spreader stoker and fluidized bed combustion – 0.60 lb/MMBtu. 

• Pulverized coal – 0.70 lb/MMBtu 

• Lignite – 0.60 lb/MMBtu 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix B: Rule Consistency Analysis December 15, 2011 

B-5 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4352 

• Lignite mined in ND, SD, MT, and combusted in a slag tap furnace – 0.80 

lb/MMBtu 

• Coal-derived synthetic fuels – 0.50 lb/MMBtu 

In general, the applicability, emission limits, and monitoring requirements of Rule 

4352 are more stringent than those specified for units that are subject to 40 CFR 

60 Subpart Db. 

3. 40 CFR 60 Subpart Cb (Emissions Guidelines and Compliance Times for Large 

Municipal Waste Combustors That are Constructed on or Before September 20, 

1994) 

40 CFR 60 Subpart Cb applies to each municipal waste combustor unit with a 

combustion capacity greater than 250 tons per day of municipal solid waste for 

which construction was commenced on or before September 20, 1994. Rule 

4352 applies to solid fuel fired units so the rule consistency analysis focused only 

on the NOx standards established in 40 CFR 60 Subpart Cb for similar type of 

fuel. 

NOx limits: 

• Mass burn waterwall – 205 ppm at 7% O2 

• Mass burn rotary waterwall – 250 ppm at 7% O2 

• Refuse-derived fuel combustor – 250 ppm at 7% O2 

• Fluidized bed combustor – 240 ppm at 7% O2 

• Mass burn refractory combustors - no limit 

• Fluidized bed combustor – 180 ppm at 7% O2 

In general, the applicability, emission limits, and monitoring requirements of Rule 

4352 are more stringent than those specified for units that are subject to 40 CFR 

60 Subpart Cb. 

4. 40 CFR 63 Subpart DDDDD (NESHAP for Industrial, Commercial, and 

Institutional Boilers and Process Heaters) 

40 CFR 63 Subpart DDDDD establishes emission limits and work practice 

standards for boilers and process heaters to regulate hazardous air pollutants 

such as arsenic, cadmium, chromium, hydrogen chloride, hydrogen fluoride, 

lead, manganese, mercury, and nickel. NESHAP applies to any boiler process or 

heaters located at a major source. Existing units are units that commenced 

construction before January 13, 2003; new units are units built on or after 

January 13, 2003. 

5. EPA –453/R-94-022 “Alternative Control Techniques (ACT) Document – NOx 

Emissions from Industrial/Commercial/Institutional Boilers”, dated March 1994 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix B: Rule Consistency Analysis December 15, 2011 

B-6 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4352 

The ACT discusses the different control techniques for controlling NOx emissions 

from boilers with heat input capacities from 0.4 to 1,500 MMBtu/hr. The ACT 

also presented the achievable emission levels of several control techniques 

based on the type of boiler and the type of fuel used. The ACT contains cost 

effectiveness estimates for different control techniques. However, the ACT does 

not prescribe the specific emission limits that should be used in developing a 

regulation to control NOx emissions from boilers. 

6. EPA “Control Techniques Guideline (CTG) Document 

There is no EPA CTG for boilers, steam generators, and process heaters. 

7. EPA Policy on Start-up or Shutdown 

Section 5.3 of Rule 4352 establishes certain operational standards that must be 

met during start-up or shutdown of boilers, steam generators, and process 

heaters. District staff believe that the proposed start-up or shutdown provisions 

are consistent with the EPA policy as discussed in an EPA memorandum, dated 

February 15, 1983, “Policy on Excess Emissions During Start-up, Shutdown, 

Maintenance and Malfunctions” which prohibits automatic exemption during 

periods of start-up or shutdown of a unit. 

8. EPA Policy on Recordkeeping 

The recordkeeping requirement in Section 6.1 of Rule 4352 is consistent with 

EPA’s policy to keep and maintain records for at least five years. 

III. CONCLUSION 

Based on the above analysis, District staff found that the revised proposed amendments 

to Rule 4352 would not conflict with federal rules, regulations, or policies covering 

similar stationary sources.