### BOARD MEETING DATE: May 2 , 20 14 AGENDA NO. 27

PROPOSAL: A mend Rule 1155

– Particulate Matter (PM) Control Devices

SYNOPSIS: Rule 1155 was adopted in December 2009 and subsequently forwarded to CARB for inclusion in the SIP. CARB approved the submittal and forwarded to U.S. EPA in July 2010. U.S. EPA has raised concerns about certain exemptions during equipment
start

- up

. In order to address U.S. EPA’s concern regarding approval of this rule into the SIP, Rule 1155 is proposed for an administr ative amendment clarifying that certain provisions of Rule 401

– Visible Emissions and the provisions o f Rule 404

– Particulate Matter

– Concentration are applicable to equipment subject to R ule 1155

.

COMMITTEE: Stationary Source, March 21, 2014 ; Reviewed

RECOMMENDED ACTION: Adopt the attached resolution: 1. Certifying the Notice of Exemption for Proposed Amended Rule 1155 2. Amending Rule 1155

– Particulate Matter (PM) Control Devices

.

Barry R. Wallerstein, D.Env. Executive Officer

EC : PF :TG :JHL



### This Board letter and its attachments serve as the final staff report for the p roposed amendments to Rule 1155. The draft staff report, (released on March 28, 2014), was incorporated herein without changes.

Background Rule 1155 was adopted on Dece mber 4 , 2009 to ensure proper operation and maintenance (O&M) of PM control devices. The key re quirements of the rule include no visible emissions, a PM grain limit, and installation of a bag leak detection system2 

### (BLDS) and verified filtration system on larger devices

. Rule 1155 requires that there must not be any visible emissions observed from any PM air pollution control device requiring an SC AQMD permit. To implement this requirement, a once a week, five

minute visible emissions observation by a trained individual using U.S. EPA Method 22 is required for any baghouse or other PM air pollution control device. Rule 1155 also includes requirements for: baghouse upgrades to, at a minimum, an automated shaker unit; a controlled material transfer syst em; properly designed ventilation system for a new baghouse; p roper O&M of any permitted PM air pollution control device or BLDS ; and recordkeeping

. Rule 1155 allows an exemption from certain rule requirements during periods of equipment start

- up . Specif ically

, the rule exempts equipment or processes venting to the PM air pollution control device from the no visible emissions , PM concentration, and related requirement s during the initial one

- half hour of start

- up, including start

- up after an equipment bre akdown or scheduled maintenance activity.

Rule 1155 was submitted to CARB in February 2010, approved, and forwarded to U.S. EPA in July 2010 for approval into the State Implementation Plan (SIP).

O n February 22, 2013, U

. S

. EPA published in the Federal Registe r (78 FR 12460) a response to a petition for rulemaking filed by the Sierra Club with the U.S. EPA Administrator on June 30, 2011. The Petition includes interrelated requests concerning the treatment of excess emissions in state rules by so urces during periods of start

- up, shutdown, or malfunction (SSM). As a part of the proposed action, the U

. S

. EPA raised concerns about uncontrolled excess emissions resulting from certain regulatory exemptions during the SSM event and whether that exempti on is also from all other regulations

. With this in mind, U

. S

. EPA has requested

, (see attachment A )

, that an amendment be made to Rule 1155 , prior to inclusion into the SIP, to ensure that sources subject to Rule 1155 are subject to other SCAQMD regulati ons and are not allowed unlimited emissions during periods of start

- up , for which a limited exemption is provided in the rule (as noted above)

.

Rule 401

– Visible Emissions , as amended March 2, 1984, is currently in the SIP and establishes a maxim um opacity for all sources

, (given some exc lusions)

, no greater than No. O ne (1) on the Ring el man n Chart , as published by the United States Bureau of Mines. A Ringelmann Chart No. 1 is equivalent to 20% opacity. S ources subject to Rule 1155 , even under exem pt ed conditions

, remain subject to R ule 401 . However, the Rule 1155 exemption does not specifically reference these provisions of Rule 401

.

Rule 404

– Particulate Matter

– Concentration , as amended February 7, 1986, is currently in the SIP and establishes a general outlet PM concentration level for all equipment, with or without control. The rule establishes varying baseline grain loading maximum concentration s based on flow rate. As with Rule 401, sources subject to Rule3 

### 1155, even under exem pt ed conditions

, remain subject to R ule 404 . However, the Rule 1155 exemption does not specifically reference these provisions of Rule 404

.
Therefore, i n order to address the U

. S

. EPA’s concerns regarding approval of Rule 1155 into the SIP

, Rule 1155 is proposed for an administrative amendment clarifying that PM air pollution control devices under the rule during start

- up conditions remain subject to the SIP

- approved opacity requirement of Rule 401, paragraph (b)(1), and the PM concentration requirements of Rule 404

. Rule 401 (b)(1) set s the maximum opacity at No. 1 on the Ringelmann C hart and is identical to Rule 401

, subdivision (a) , i n the March 1984 version of the rule

, which was SIP

- approved on January 29, 1985 (Federal Register Citation No. 50 FR 3907)

. Summary of Proposal This proposed amended rule would clarify that during the one

- half hour starting period of the equipment , PM air pollution control devices under Rule 1155 remain subject to the PM concentration (grain loading) requirements of Rule 404 and the opacity requirement of no greater than No. 1 on the Ringelmann Chart as specified in Rule 401 (b)(1) [shown as Rule 401 (a) in the SIP

- approved version, as amended Mar ch 2, 1984 and SIP

- approved on January 29, 1985].

As the provisions referred to in the proposed amendment are already in effect, they represent no change to existing requirements on sources subject to the rule

.

Public Process The rule development effort is based on discussions w ith U.S. EPA regarding approval of Rule 1155 into the SIP and concerns regarding the exemption provisions of the rule when equipment is under start

- up condition and whether that exemption is from all other regulations. Discussions have taken place between U.S. EPA and SCAQMD staff on ways to rectify this SIP approval issue

. A n agreeable solution has been developed with U.S. EPA resulting in this proposed rule amendment

. As part of the rule development effort, SCAQMD held a Publi c Workshop on March 27

, 2014

. Only two comments were made at the workshop and did not directly relate to the proposed amendments. A comment was made that Table 1

– Summary of Requirements of the rule should also list the condition under which monthly vis ible emissions checks would be acceptable in lieu of weekly check s , as provided in subdivision (e)(2). Staff responded that the table is merely a summary of key rule elements , as stated in subdivision (b), and that the table is not intended to include all rule requirements. A comment was also made that, unlike the visible emissions requirement, no guidelines are provided in the rule relative to measuring PM concentration levels. Staff responded that such a measurement is not always required, but that if necessary, SCAQMD staff would review source test protocols and provide feedback and guidance as needed

. Vi sible emission checks as required by th e rule are a means of a check for self4 

### compliance, whereas methods to test PM concentrations could vary by source and protocols for compliance would need to be approved by SCAQMD staff.

SCAQMD staff presented the pro posed amendments to the Stationary Source Committee at its March 21, 2014 meeting.

California Environmental Quality Act (CEQA) and Socioeconomic Impacts SCAQMD staff has reviewed Proposed Amended Rule 1155, and determined that it is exempt from CEQA pursu ant to state CEQA Guidelines §15061 (b)(3)

– Review for Exemption. Upon adoption of the proposed amended rule, a Notice of Exemption will be prepared pursuant to CEQA Guidelines §15062 and filed with the county clerks in each county within the SCAQMD’s ju risdiction.

No socioeconomic impact assessment was performed for the proposed amendments because they are administrative in nature and seek to clarify existing rule requirements pursuant to Rule 401 (b)(1 ) and Rule 404 already in effect.

Draft Findings Under the California Health and Safety Code 40727 Before adopting, amending or repealing a rule, the California Health and Safety Code requires SCAQMD to adopt written findings of necessity, authority, clarity, consistency,

non

- duplication, and reference, as defined in Health and Safety Code § 40727. The draft findings are as follows:

Necessity

- The SCAQMD Governing Board has determined that a need exists to adopt Proposed Amended Rule 1155

– PM Control Devices, to ensure that the proposed amendment addr esses U.S. EPA’s submitted letter expressing concerns relating to start

up emissions. The proposed amendment would clarify that Rule 404 requirements for PM concentration and Rule 401 (b)(1) requirements for opacity remain applicable, which is necessary f or approval into the State Implementation Plan to assist in the attainment of State and federal PM standards for the South Coast Air Basin.

Authority

- The SCAQMD Governing Board obtains its authority to adopt, amend, or repeal rules and regulations from Health and Safety Code §§ 40000, 40001, 40440, 40463, 40702, 40725 through 40728.

Clarity

- the SCAQMD Governing Board has determined that Proposed Amended Rule 1155

– PM Control Devices, is written and displayed so that the meaning can be easily understo od by persons directly affected by it.

Consistency

- The SCAQMD Governing Board has determined that Proposed Amended Rule 1155

– PM Control Devices, is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, fede ral or state regulations.5 

### Non

- duplication

- The SCAQMD Governing Board has determined that Proposed Amended Rule 1155

– PM Control Devices, does not impose the same requirements as any existing state or federal regulation, and the proposed rule is necessa ry and proper to execute the powers and duties granted to, and imposed upon, the SCAQMD.

Reference

- In adopting this proposed amended rule, the SCAQMD Governing Board references the following statutes which the SCAQMD hereby implements, interprets or mak es specific: Health and Safety Code Sections 40001 (rules to achieve ambient air quality standards); 40440(a) (rules to carry out the AQMP); 40440(a) (BARCT); 40440(c) (cost

- effectiveness); and Federal Clean Air Act Section 172(c)(1) (RACT).

Comparative Analysis Under Health and Safety Code Section 40727.2, the SCAQMD is required to perform a comparative written analysis when adopting, amending, or repealing a rule or regulation. The comparative analysis is relative to existing federal requirements, exis ting or proposed SC AQMD rules and air pollution control requirements and guidelines which are applicable to PM Control Devices.

As the proposed amendments are administrative in nature and clarify the applicability of other rule provisions that are alread y in effect and represent no change to existing requirements, a comparative analysis is not required

. AQMP and Legal Mandates Rule 1155 is a PM control device rule that implement s control measure BCM

- 01 of the 2007 Air Quality Management Plan. The propos ed amendments will address an approvability issue by U

. S

. EPA that should resolve concerns preventing inclusion into the SIP.

Resource Impacts Existing SC AQMD resources are sufficient for continued implement ation and enforcement of the rule.

Attachments A. Letter from U

. S

. EPA dated March 18 , 2014 B. Notice of Exemption C

. Resolution for Proposed Amended Rule 1155 D

. Proposed Amended Rule 1155UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105



### MAR 182014

Dr. Elaine Chang Deputy Executive Officer South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765

Re: SCAQMD Rule 1155

Dear Dr. Chang:

I am writing to clarify EPA’s concerns regarding paragraph (g)(7) of SCAQMD Rule 1155 (Particulate Matter Control Devices), recently discussed by EPA and District staff. While we fully support District efforts in adopting and implementing the innovative requirements for permitted control devices described in this rule, we believe that the exemption in paragraph (g)(7) precludes full SIP approval under the federal Clean Air Act (CAA).

Paragraph (g)(7) exempts affected control devices during 1/2 hour of startup from Rule 1155’s zero visible emissions standard, outlet PM concentration of less than 0.01 grains
per dry standard cubic foot (gr/dscf) and several other control and monitoring requirements. This conflicts with EPA’s CAA interpretation with respect to the treatment in SIPs of excess emissions during startup. Central to EPA’s interpretation are the definitions of “emission limitation” and “emission standard” contained in CAA section 302(k), which are defined as limitations that must be met on a continuous basis, and CAA section 110(a)(2)(A), which requires each SIP to include enforceable emission limitations and other control measures as may be necessary or appropriate to meet applicable CAA requirements. This is discussed in more detail in “EPA Proposed Rule: State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy, and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction” (78 FR 12460, February 22, 2013).

In addition, CAA sections 110(I) and 193 restrict EPA’s ability to approve SIP relaxations. While the zero visible emission standard and other requirements of Rule 1155 would clearly strengthen the SIP, it is not clear how this strengthening relates to the startup exemption in paragraph (g)(7), which could be interpreted to relax other District rules and SIP requirements, such as those regarding opacity (e.g., SCAQMD Rule 401) and gr/dscf loading (e.g., SCAQMD Rule 404).As a result of these concerns with paragraph (g)(7), we recommend that SCAQMD revise and resubmit Rule 1155 in lieu of EPA acting on the existing version. We believe

our issues can be addressed without significant impact on affected sources and we would be happy to work with the District in this regard. Feel free to contact me (415- 972-3183), Andy Steckel (415-947-4115) or Christine Vineyard (415-947-4125) if you wish to discuss this further.

Sincerely,

E lizah”4j_J DeputrDi’rector, Air Division

cc: Phil Fine, SCAQMD

### ATTACHMENT B 

# South Coast Air Quality Management District

21865 Copley Drive, Diamond Bar, CA 91765

- 4182 (909) 396

- 2000 • www.aqmd.gov

SUBJECT: NOTICE OF EXEMPTION FROM THE C ALIFORNIA ENVIRONMENTAL QUALIT Y ACT
PROJECT TITLE: PROPOSED AMENDED R ULE 1155

– PARTICULATE MATTER (PM) CONTROL DEVICES

Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the South Coast Air Quality Management District (SCAQMD) is the Lead Agency and will prepare a Notice of Exemption for the project identified above.

Rule 1155 was adopted in December 2009 and subsequently submitted to the California Air Resources Board (CARB) for approval and inclusion in the State Implementation Plan ( SIP )

. CARB approved the SIP inclusion and submit ted to U.S. EPA in July 2010 for approval . U.S. EPA has raised concerns about certain exemptions during equipment start

- up. In order to address U.S. EPA’s concern affecting approval of this rule into the SIP, an administrative amendment for Rule 1155 is proposed to clarify that certain provisions of Rule 401

– Visible Emissions, and the provisions of Rule 404

– Particulate Matter

– Concentration, are applicable to equipment subject to R ule 1155

. Pursuant to CEQA, the SC AQMD is the Lead Agency and has reviewed the proposed project mentioned above pursuant to CEQA Guidelines §§ 15002 (k)(1) and 15061

. The proposed amendments are not expected to adversely affect air quality or any other environmental categories because they are administrative in nature

. As a result, no new adverse impacts on the environment are expected from the proposed project. Since it can be seen with certainty that the proposed project has no potential to adversely impact air quality or any other envi ronmental area, it is exempt from CEQA pursuant to state CEQA Guidelines §15061(b)(3)

– Review for Exemption. A Notice of Exemption has been prepared pursuant to CEQA Guidelines §15062

- Notice of Exemption. The Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the adoption of the proposed project.

Any questions regarding this Notice of Exemption should be sent to Jeff Inabinet (c/o Planning, Rule Development & Are a Sources) at the above address. Mr. Inabinet can also be reached at (909) 396

- 2 453

.

Date: May 2 , 201 4 Signature : Michael Krause Program Supervisor

– CEQA Section Planning, Rule Development & Area Sources

Reference: California Code of Regulations, Title 14

### NOTICE OF EXEMPTION

To: County Clerks of Los Angeles, Orange, Riverside, San Bernardino From: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Project Title: Proposed Amended R ule 1155

– PM Control Devices Project Location: South Coast Air Quality Management District (SCAQMD) area of jurisdiction consisting of the four

- county South Coast Air Basin (Orange County and the non

- desert portions of Los Angeles, Riverside and San Bernardino counties), and the Riverside County portions of the Salton Sea Air Basin and the Mojave Desert Air Basin. Description of Nature, Purpose, and Beneficiaries of Project: Rule 1155 was adopted in December 2009 and subsequently submitted to CARB for approval and inclusion in the SIP. CARB approved the SIP inclusion and submitted to U.S. EPA in July 2010 for approval . U.S. EPA has raised concerns about certain exemptions during equipment start

- up. In order to address U.S. EPA’s concern aff ecting approval of this rule into the SIP, an administrative amendment for Rule 1155 is proposed to clarify that certain provisions of Rule 401

– Visible Emissions

, and the provisions of Rule 404

– Particulate Matter

– Concentration

, are applicable to equi pment subject to R ule 1155

. Public Agency Approving Project: South Coast Air Quality Management District Agency Carrying Out Project: South Coast Air Quality Management District
Exempt Status: General Concepts [CEQA Guidelines §15002 (k)(1)]; and General Rule Exemption [CEQA Guidelines §15061 (b)(3)] Reasons why project is exempt: The SCAQMD has reviewed the proposed amendments to Rule 1155, pursuant to CEQA Guidelines §15002(k)( 1)

– Three Step Process, and CEQA Guidelines §15061

– Review for Exemption and has determined that the proposed amendments are exempt from CEQA pursuant to CEQA Guidelines §15061 (b)(3)

– General Rule Exemption. The proposed amendments are not expected to adversely affect air quality or any other environmental categories because they are administrative in nature . As a result, no new adverse impacts on the environment are expected from the proposed project. Since it can be seen with certainty that the pro posed project has no potential to adversely impact air quality or any other environmental area, it is exempt from CEQA pursuant to state CEQA Guidelines §15061(b)(3)

– Review for Exemption. Project Approval Date: SCAQMD Governing Board Hearing: May 2 , 20 1 4 , 9:00 a.m.; SCAQMD Headquarters CEQA Contact Person:
Mr. Jeffrey Inabinet Phone Number: (909) 396

- 2 453 Fax Number: (909) 396

- 3324 Email: jinabinet@aqmd.gov
Rule Contact Person:
M r

. Jong Hoon Lee Phone Number: (909) 396

- 3 9 03 Fax Number: (909) 396

- 3324 Email: jhlee@aqmd.gov

Date Received for Filing Signature Signed upon approval Michael Krause Program Supervisor

– CEQA Section Planning, Rule Development and Area Sources

### ATTACHMENT C

RESOLUTION NO. 2014

-

_____

A Resolution of the South Coast Air Quality Management District (SCAQMD) Board certifying the Notice of Exemption for Proposed Amended Rule 1155

– Particulate Matter (PM) Control Devices.

A Resolution of the South Coast Air Quality Management District Board amending Rule 1155

– Particulate Matter (PM) Control Devices.

WHEREAS, Rule 1155 was adopted in December 2009 to implement a PM control meas ure in the 2007 Air Quality Management Plan (AQMP); and

WHERE A S , U.S. EPA has submitted a letter expressing concerns relating
to start

- up emissions, which currently prevents approval of Rule 1155 into the State Implementation Plan (SIP); and

WHEREAS, the SCAQMD staff conducted a public workshop regarding Proposed Amended Rule 1155; and

WHEREAS, the SCAQMD staff has reviewed Proposed Amended Rule 1155, and determined that it is exempt from CEQA pur suant to state CEQA Guideline s Section 15061 (b)(3)

– Review for Exemption ; and

WHEREAS, the SCAQMD staff has prepared , pursuant to CEQA Guideline s Section 15062 , a Notice of Exemption for Proposed Amended Rule 1155

– Particulate Matter (PM) Control Devices; and

WHEREAS, the SCAQMD staff has reviewed Proposed Amended Rule 1155, and determined that no socioeconomic impact assessment needs to be performed for the proposed amendments because they are administrative in nature and seek to clarify that the existing rule requirements of Ru le 404, as well as Rule 401 (b)(1) [ shown as Rule 401 (a) in the SIP

- approved version, as amended March 2, 1984 and SIP

approved on January 29, 1985 ] are already in effect ; and

WHEREAS, California Health and Safety Code Section 40727 requires that prior to adopting, amending or repealing a rule or regulation, the SCAQMD Governing Board shall make findings of necessity, authority, clarity, consistency, non

duplication, and reference based on relevant information presented at the public hearing and in the staff report; and

### WHEREAS, the SCAQMD Governing Board has determined that a need exists to adopt Proposed Amended Rule 1155 to ensure that the proposed amendment addresses U.S. EPA’s con cerns relating to start

- up emissions. The above amendment would clarify that Rule 404 requirements for PM concentration and Rule 401 (b)(1) requirements for opacity remain applicable

, which is necessary for approval into the State Implementation Plan; and

WHEREAS, the SCAQMD Governing Board has authority to adopt Proposed Amended Rule 1155 pursuant to the California Health and Safety Code Sections 40000, 40001, 40440, 40702, 40725 through 40728; and

WHEREAS, the SCAQMD Governing Board has determined t hat Propose d Amended Rule 1155 is written and displayed so that the meaning can be easily understood by persons directly affected by it; and

WHEREAS, the SCAQMD Governing Board has determined that Rule 1155, as proposed to be amended, is in harmony with, and not in conflict with, or contradictory to, existing statues, court decisions, or state or federal regulations; and

WHEREAS, the SCAQMD Governing Board has determined that Rule 1155, as proposed to be amended, does not impose the same requirement as any existing state or federal regulation, and the proposed amended rule is necessary and proper to execute the powers and duties granted to, and imposed upon, the SCAQMD ; and

WHEREAS, adoption of Proposed Amended Rule 1155 will alleviate a problem by addressing specific U.S. EPA ’s concerns regarding start

- up emissions that are necessary for approval of the rule into the State Implementation Plan (SIP) and will assist in attaining state and federal ambient air quality standards ; and

WHEREAS, by adopting Proposed Amended Rule 1155, the SCAQMD Governing Board will be implementing, interpreting or making specific the provisions of the California Health and Safety Code Section 40001 (rules to achieve ambient air quality standards), 40440 (a) (rules to carry out the AQMP), 40440 (c) (cost

- effectiveness), and Federal Clean Air Act Section 172 (c)(1) (RACT); and

WHEREAS, the SCAQMD specifies the Assistant Deputy Executive Officer of Proposed Amended Rule 1155 as the custodian of the documents or other materials which constitute the record of proceedings upon which the adoption of this proposed amended rule is based, which are located at the South Coast Air Quality Management District, 21865 C opley Drive, Diamond Bar, California; and

WHEREAS, a public hearing has been properly noticed in accordance with all provisions of Health and Safety Code Section 40725; and

### WHEREAS, the SCAQMD Governing Board has held a public hearing in accordance with all provisions of law.

NOW, THEREFORE BE IT RESOLVED, the SCAQMD Governing Board hereby certifies, pursuant to the authority granted by law, the Notice of Exemption for Rule 1155 , as proposed to be amended, in compliance with CEQA Guidelines Sections 15061 (b)(3)

– Review for Exemption , and 15062 ; and

BE IT FURTHER RESOLVED, that the SCAQMD Governing Board does hereby adopt, pursuant to the authority granted by law, Proposed Am ended Rule 1155, as set forth in the attached, and incorporated herein by reference; and

BE IT FURTHER RESOLVED, that the South Coast Air Quality Management District Board requests that Proposed Amended Rule 1155 be submitted into the State Implementatio n Plan ; and

BE IT FURTHER RESOLVED, that the Executive Officer is hereby directed to forward a copy of this Resolution and Proposed Amended Rule 1155 to the California Air Resources Board for approval and subsequent submittal to the U.S. Environmental P rotection Agency for inclusion into the State Implementation Plan.

DATE: _______

________ _______________________________ CLERK OF THE BOARDSPAR 1155-1 (Adopted December 4, 2009) (PAR1155, March 19 , 2014)

PROPOSED AMENDED RULE 1155

. PARTICULATE MATTER ( PM )
CONTROL DEVICES

(a) Purpose The purpose of this rule is to establish requirements for permitted particulate matter (PM) air pollution control devices, including, but not limited to, baghouse s, high efficiency particulate air (HEPA) systems, bin vents, or other dust collectors using high efficiency or other air filters, cyclones, electrostatic precipitators, and wet scrubber s.

(b) Applicability
Th is rule applies to the operator of permitted PM air pollution control device(s) venting process es that have direct (non-combustion) PM emissions. A summary of key rule elements is provided in Table 1 of this rule.

(c) Definitions (1) BEST AVAILABLE CONTROL TECHNOLOGY (BACT) is as defined in South Coast Air Quality Management District (SCAQMD) Rule 1302

– Definitions, subdivision (h). (2 ) BAGHOUSE means an air pollution control device designed to remove PM from a gas stream using fabric filters in the shape of a tube or an envelope, or other air filters that are built into a frame or cartridge. For the purpose of this rule, baghouses are separated into three tiers based on the following characteristics: (A) Tier 1 : Baghouses for which the filter surface area is less than or

equal to 500 square feet; (B) Tier 2 : Baghouses for which the filter surface area is greater than

500 square feet but less than or equal to 7,500 square feet; or (C) Tier 3 : Baghouses for which the filter surface area is greater than

7,500 square feet. (3 ) BAG LEAK DETECTION SYSTEM (BLDS) means a system that monitors electrical charge transfer based on triboelectricity or electrostatic induction to continuously monitor bag leakage and similar failures by detecting changes in particle mass loading in the exhaust.Proposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 2 ( 4 ) BIN VENT means a n air filtration dust collector designed to remove PM from the air that is displaced by materials filling silos and bins. ( 5 ) CONTINUOUS OPACITY MONITORING SYSTEM (COMS) means a system that meets minimum requirements specified under U.S. EPA 40 CFR Part 60, Appendix B, to continuously monitor opacity. ( 6 ) CYCLONE means a n air pollution control device designed to remove PM from a gas stream by inertia

. ( 7 ) ELECTROSTATIC PR ECIPITATOR (ESP) means a n air pollution control device designed to remove PM from a gas stream by imparting a high voltage direct current (DC) charge to the particles while simultaneously ionizing the carrier gas, producing an electric corona. ( 8 ) EXISTING PM CONTROL DEVICE means a PM air pollution control
device installed or for which an application for a permit has been deemed complete on or before December 4, 2009

. ( 9 ) FACILITY means any source or group of sources or other air
contaminant

- emitting activities which are subject to this rule and are located on one or more contiguous properties within the SC AQMD, in actual physical contact or separated solely by a public roadway or other public right

- of

- way, and are owned or operated by the same person (or by persons under common control), or an outer continental shelf (OCS)
source as determined in 40 CFR Section 55.2. Such above

- described groups, if noncontiguous, but connected onl y by land carrying a pipeline, shall not be considered one facility. Sources or installations involved in crude oil and gas production in Southern California Coastal or OCS Waters and transport of such crude oil and gas in Southern California
Coastal or O CS Waters shall be included in the same facility which is under the same ownership or use entitlement as the crude oil and gas production facility on

- shore. ( 10 ) NEW PM CONTROL DEVICE means a PM air pollution control device for which an application for a p ermit has been deemed complete after December 4, 2009

. ( 11 ) NON

- CONTINUOUS PROCESS means a n emissions generating activity
vented to a PM air pollution control device that operates no more than once per week or for periods of less than one hour, not to cumu latively
exceed 4 hours during any single day

.Proposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 3 ( 12 ) VERIFIED FILTRATION PRODUCT means a filtration product that has
been verified under the U.S. EPA Environmental Technology Verification (ETV) program at the time of purchase

. Manufacturers whose filtration product verification has expired must demonstrate at the time of purchase that the product is the same as was previously tested and verified under the
E TV program. ( 13 ) WET SCRUBBER means a n air pollution control device designed to
remove PM fro m a gas stream by using a finely atomized stream of liquid to capture particulate matter pollutants.

( d) General Requirements (1) Beginning April 1, 2010, t he operator of a facility shall not cause or allow

any visible emissions ( ex cluding condensed water vapor) from a ny PM air pollution control device required to have a permit

. (2) No later than January 1, 2011 , the operator o f any Tier 3 baghouse shall

meet a n outlet PM concentration of less than or equal to 0.01 grain s per dry standard cubic foot (gr/dscf)

. (A) Notwithstanding the above, t he operator of h ot mix asphalt production equipment shall comply with the 0.01 gr/dscf limit no later than January 1, 2013, unless the operator has documentation
that demonstrate s that new fabric filters have been installed within 12 months prior to December 4, 2009 , in which case the hot mix asphalt production equipment shall comply by January 1, 2014 or at the end of the filter useful life, whichever occurs so o ner

. (3) No later than April 1, 2010, a ll permitted PM control devices shall be operated and maintained in accordance with the manufacturer’s operation
and maintenance manual or other similar written materials supplied by the
manufacturer or distributor of a control device to en sure that the control device remains in proper operating condition. If such documents are not available, the operator shall provide and follow written operation and maintenance procedures for the PM control device (s)

. Such
documentation shall be made available to the Executive Officer immediately upon request. ( 4 ) No later than January 1, 2012 or after the end of the useful life of a manual shaker unit, whichever occurs sooner, t he operator of a n existing manualProposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 4 shaker baghouse shall upgrade or replace it with , at a minimum, a n automated shaker unit

. ( 5 ) An operator shall not install a manual shaker baghouse after December 4,
2009

. ( 6 ) I f the PM emission limit in paragraph (d)( 2 ) is exceeded

, the operator shall
file a permit application to use verified filtration products

, as defined in paragraph (c)( 12 ), or other technologies or method s demonstrated through source test pursuant to paragraph (e)(6) to comply with the requirement in paragraph (d)(2)

, within three months of discovery by the operator or of notification by the Executive Officer

, to replace the existing filter bags or cartridges

. The operator shall install the verified filtration products within

t hree months of issuance of the p ermit. (7) If the operator discovers the exceedance of the PM lim it in paragraph (d)(2) and resolves the problem that led to the exceedance

, within 24 hours of discovery, the operator would not be subject to the requirements in paragraph (d)(6). ( 8 ) W hen a new process is vented to a new baghouse , t he operator shall install and maintain a ventilation system that meets a minimum capture velocity requirement specified in the applicable standards of the most current
Edition of the U.S. Industrial Ventilation Handbook, Ame rican
Conference of Gov ernmental Industrial Hygien ists , at the time of
installation

. ( 9 ) The operator shall discharge material collected in a permitted PM control
device for disposal or bring the material back to the process through a
controlled material transfer system to prevent fugitive emissions durin g material transfer , including

, but not limited to

, shrouding or use of dust
suppressants to stabilize the material

. ( 10 ) Until more stringent requirements of this rule are effective and after

, if still applicable , the operator shall operate and maintain all existing PM air pollution control devices according to existing SCAQMD permit
conditions

. ( 11 ) For any new or modified PM air pollution control device subject to BACT, the operator of such device shall meet the more stringent BACT level established for that device (pursuant to SCAQMD BACT Guidelines) at the time of evaluation of the permit application for the
device.Proposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 5 ( e ) Monitoring Requirements (1) No later than March 31 , 2010, the operator shall have a minimum of one person trained in the reading of visible emissions pursuant to EPA Method
22. Beginning April 1, 2010, the operator of any baghouse or other PM
control device shall have the trained person conduct a continuous five

minute visible emission s observation using EPA Method 22 once a week
and shall maintain records for each observation and any necessary subsequent action(s) taken to eliminate visible emissions pursuant to subdivision (f)

. The provision s o f this paragraph shall apply to Tier 3 baghouse units up to and until compliance with the provisions of paragraph (e)(3). ( A ) I f the operator observes any visible emissions exit ing at any time, including during a scheduled Method 22 test , the operator shall implement

, within 24 hours, all necessary corrective actions to
eliminate the visible emissions. ( B ) To verify corrective actions were effective, the operator must restart the operations and complete a new Method 22 test to ensure
no visible emission s are present. If visible emissions are still present, further corrective actions pursuant to subparagraph (e)(1)( C ) must be taken. If no visible emissions are present, normal operations may resume. (C) I f the operator , a fter taking all corrective action s , subsequently
observes visible emissions

, the operator shall shut down the PM emitting equipment that vents into the control device , unless the baghouse operation can be adjusted to ensure no visible emissions, until necessary steps are taken to prevent the visible emissions

. Baghouse adjustments include, but are not limited to, closing off specific baghouse chambers. ( D ) If the activity being observed is consistently a duration of less than
five minutes, then the Method 22 observation shall be for the

p eriod in which the activity takes place. ( E ) An operator shall not be considered in violation of this paragraph and (d)(1)

, if the operator complies with sub p aragraphs (e)(1)(A) through (e)(1)( D ). ( F ) To the extent that multiple Method 22 tests can be conducted simultaneously, the operator may observe multiple sourcesProposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 6 contemporaneously at a single time as long as all of the sources are located in the field of view of the observer and appropriate records

are kept for each observation

. If the operator ob serves a visible
emissions problem during the reading , each source shall then be monitored separately. (2) Notwithstanding the requirements of paragraph (e)(1), a ny baghouse outfitted completely with verified filtration products shall only be required

to c onduct visible emission observations once per month, pursuant to paragraph (e)(1)

, and shall maintain records for each Method 22 observation and any subsequent actions taken to eliminate visible
emissions

. ( 3 ) The operator of any Tier 3 baghouse shall install, operate, calibrate and
maintain a BLDS pursuant to the manufacturer ’s written
recommendations

, to monitor baghouse performance and ensure compliance with in paragraph s (d)(1) and (d)(2)

. (A) The provisions of this paragraph shall apply to any new Tier 3 baghouse installed and operated as of December 4, 2009 . For an existing baghouse, the facility operator shall file a permit application for a BLDS no later than Ma y 1, 2010 and shall install the BLDS within three months of issuance of the permit. ( B ) The BLDS system shall meet the following minimum requirements: (i ) The BLDS sensor must provide output of relative PM emissions; and (ii) The BLDS must have an alarm that will activate automatically when it detects significant increase in relative
PM e missions greater than a preset level and the presence of an alarm condition should be clearly apparent to the facility operator. ( C ) The operator shall install a BLDS that has been certified by the manufacturer to be capable of alarm ing automatically before
visible emissions can be seen in the exhaust of a baghouse and shall set the BLDS to operate at such level

. The baseline output for the system must be established as follows: (i) Adjust and maintain the range and the averaging period of
the device for the specific application per theProposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 7 manufacturer’s written specifications and recommendations; and (ii) Establish and maintain the alarm set points and the alarm delay time per the manufacturer’s written specifications
and recommendations

. (D) The operator shall perform adequate maintenance and inspections of a BLDS, according to the written specifications and recommendations of the manufacturer, to ensure that the monitor is operating properly at all times and shall maintain the records

pursuan t to subdivision (f)

. ( E ) If the operator receives an alarm from the BLDS, the operator shall investigate the baghouse and the BLDS, and take all necessary
corrective actions to eliminate the cause of the alarm

. ( F ) The operator shall maintain filters and operate the baghouse such
that the BLDS alarm activation is minimized and the cumulative
number of hours of alarm activation within any continuous six

month rolling period do not exceed more than five percent of the total operating hours in that period aft er following the procedures of subparagraph (e)(3)(G), in cluding

, but not limted to

, shut down
of the equipment as specified

. ( G ) Each time the alarm activates, t he operator shall count the alarm
time as the actual length of time of the elevated emissions that
caused the alarm and record it

. If the inspection of the baghouse, pursuant to subparagraph (e)( 3 )( E ), demonstrates that no visible emissions are occuring in conjunction with the alarm and that no corrective actions are necessary to the bag house equipment , no alarm time will be counted. If cumulative alarm time exceed s five
percent of the total operating hours based on any continuous six

month rolling period

, the operator shall shut down the equipment that vents into the baghouse until nece ssary actions are taken to
eliminate the elevated emissions. (4) Notwithstanding the provisions of paragraph (e)(1) and subparagraph (e)(3) (A) applicable to Tier 3 units , the operator of hot mix asphalt production equipment may conduct daily visible emissions monitoring , as described in paragraph (e)(1), in lieu of BLDS installation

, provided the facility operator notifies the Executive Officer in writing no later thanProposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 8 May 1, 2010

, files a permit application for a BLDS no later than June 1,
2011

, and install s the BLDS within three months of issuance of the permit

, at which time the operator shall comply with the provisions of paragraph (e)(3). Daily visible emissions monitoring shall begin no later than January 1, 2011 and continue until such time the BLDS is installed

. The
operator shall maintain records for each observation and any subsequent
actions taken to eliminate visible emissions during the time in which daily visible emissions monitoring is conducted

. ( 5 ) No later than January 1, 2015 or aft er the end of the useful life of a COMS, whichever occurs sooner, a COMS installed at an existing Tier 3 baghouse shall be changed to a BLDS. ( 6 ) Source tests conducted to demonstrate compliance with paragraph (d)(2 )
shall follow SC AQMD Methods 5.1, 5.2, o r 5.3 , as applicable

. ( A ) For a baghouse located at a Title V facility, the facility operator
shall conduct a n initial source test no later than January 1, 2011 to demonstrate compliance with the requirements of paragraph (d)(2)

. S ubsequent source tests shall be conducted every five years thereafter

. ( B ) Source test s shall be conducted by an approved lab from the SCAQMD Laboratory Approval Program. For the purpose of this rule, the total weight of PM in solid and liquid form sh ou ld be
considered when conducting source tests

. ( f) Recordkeeping Records shall be kept in a format approved by the Executive Officer to demonstrate compliance with the provisions of this rule, and all records and information recorded pursuant to this subdivision shall be maintained at the facility for a minimum of five years and shall be made available to the Executive Officer immediately upon request. (1) For the purposes of paragraph (e)(1), records kept shall include, but not be
limited to: (A) Facility name; (B) Observer’s name and affiliation; (C) Date and time of observation; (D) Process unit(s) being observed ; (E) Observer’s position relative to the source;Proposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 9 (F) Observation duration; (G) Whether visible emissions occurred and cumulative amount of
time visible emissions occurr ed; and (H) If visible emissions were observed, w hat actions were taken to correct the problem causing them, including and up to date and time of equipment shutdown , if applicable

. (2) For the purposes of paragraph (e)(3), records kept shall include, but not be
li mited to: (A) Facility name; (B) Facility representative for maintaining the BLDS; (C) Date and time of routine maintenance and inspections conducted on BLDS; (D) The date and time of any alarm, including length of the alarm time

, and cause of the alarm; (E) The date and tim e corrective action is completed to eliminate the cause of the alarm; (F) Whether visible emissions occurred; and (G) Total operating hours of the baghouse

. ( g ) Exemptions (1) With the exception of paragraph (d)( 1), any baghouse for which the filter surface area is less than or equal to 100 square feet is exempt from the provisions of this rule. (2) The operator of a PM air pollution control device venting a non

continuous process is exempt from the provisions of paragraph (e)(1)

, provided no visible emissions occur when the process activity takes place. ( 3 ) Any equipment with an active permit to operate that is not in operation as of December 4, 2009 shall be exempt from the provisions of this rule until operation s commence

. ( 4 ) Facility operations that are subject to District Rules 1105.1

– Reduction of
PM 10 and Ammonia Emissions from Fluid Catalytic Cracking Units

, and
1156

– Further Reductions of Particulate Emissions from Cement Manufacturing Facilities

, are exempt from the provisions of this rule. ( 5 ) The operator of a Tier 1 or Tier 2 baghouse that voluntarily installs, operates, calibrates and maintains a BLDS pursuant to paragraph (e)( 3 ) shall be exempt from the visible emissions provisions of paragraph ( e )(1).Proposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

PAR 1155

- 10 ( 6 ) Bin vents are exempt from the provisions of paragraph (e)(1). (7) The provisions of paragraphs (d)(1), (d)(2), (d)(6), and (e)(1), and subparagraphs (e)(3)(E) through (e)(3)(G) shall not apply during the one

half hour of start

- up of the equipment or process venting to the PM air pollution control device, including start

- up after a repair to fix an equipment breakdown or after a scheduled maintenance activity

. During
that one

- half hour starting period, PM air pollution control devices under
this r ule remain subject to the PM concentration (grain loading) requirements of Rule 404 and an opacity requirement of no greater than No. 1 on the Ringelmann Chart as specified in Rule 401 (b)(1) [shown as Rule 401 (a) in the SIP

- approved version, as amended M arch 2, 1984

, and
SIP

- approved on January 29, 1985]. ( 8 ) For PM air pollution control devices connected in series, the provisions of paragraphs (d)(2), (d)(6), and (e)(1) sha ll only apply to the PM air pollution control device exhausting to the atmosphere. In the event a Tier 3 baghouse is not the last in the series to vent to the atmosphere, the provisions of paragraph (e)( 3 ) shall not apply. ( 9 ) Any paint spray booth or powder spray booth is exempt from the provisions of this rule. (10) Air pollution control equipment exclusively venting organic gases from hot mix asphalt load

- out operations and directly related equipment

, including storage silos, conveyors, mills, and batching tower s , are exempt from the provisions of this rule. (11) With the exceptio n of paragraph (d)(1), any portable dust collector, fume

extractor , or negative air machine with a maximum rated capacity of less
than or equal to 3,000 cfm is exempt from the provisions of this rule. (12) With the exception of paragraph (d)(1), f acility o perations th at are subject
to District Rule 1469

- Hexavalent Chromium Emissions from Chromium Electroplating and Chromic Acid Anodizing Operations are exempt from the provisions of this rule

. (13) With the exception of paragraph (d)(1), high efficiency pa rticulate air ( HEPA ) equipment are exempt from the provisions of this rule.PAR 1155

- 11

Proposed Amended Rule 1155 (cont.) (Adopted December 4 , 2009)

Table 1 Summary of Requirements

Fabric Filtration PM Air Pollution Control Equipment

(baghouses) * Other Fabric and Non

- Fabric Filtration PM Air Pollution Control Equipment ( dust collectors, cyclones, ESPs, wet

scrubbers) * Tier 1 Tier 2 Tier 3 n/a ≤ 500 square feet > 500

– 7,500 square feet > 7,500 square feet n/a

Once

- a

- week visible emissions monitoring and recordkeeping ( new , existing ) Once

- a

- week visible emissions monitoring and recordkeeping ( new , existing ) Until BLDS is installed,

o nce

- a

- week visible emissions monitoring and recordkeeping Once

- a

- week visible emissions monitoring and recordkeeping (new, existing)

-- -- BLDS installation (new, existing) --

-- Emission limit (0.01 gr/dscf) --

Title V facilities conduct initial source test and test every five years relative to compliance with the emission limit. * Except as provided in subdivision (g) Exemptions.