SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis October 16, 2008 

Final Draft Staff Report with Appendices 

 Proposed Amendments to Rule 4306 

and Rule 4307 and Proposed New Rule 4320 

E - 1

APPENDIX E 

RULE CONSISTENCY ANALYSIS FOR PROPOSED 

AMENDMENTS TO RULE 4306 AND RULE 4307 

AND PROPOSED NEW RULE 4320

October 16, 2008 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis October 16, 2008 

Final Draft Staff Report with Appendices 

 Proposed Amendments to Rule 4306 

and Rule 4307 and Proposed New Rule 4320 

E - 2

RULE CONSISTENCY ANALYSIS FOR PROPOSED AMENDMENTS TO 

RULE 4306 AND RULE 4307AND PROPOSED NEW RULE 4320 

I. Requirements of Rule Consistency Analysis 

Pursuant to Section 40727.2 OF California Health and Safety Code, prior to 

adopting, amending of a rule or regulation, the District is required to perform a 

written analysis that identified and compares the air pollution control elements of 

the rule amendments to Rule 4306 and Rule 4307 and proposed new Rule 4320 

with the corresponding elements of existing or proposed District and EPA 

regulations and guidelines that apply to boilers, steam generators, and process 

heaters (units). The elements that were analyzed are emissions standard, 

monitoring and testing, and recordkeeping and reporting requirements. The 

analysis is discussed below and a summary is presented in the Rule Consistency 

Table. 

II. Results of Analysis

A. District Rules 

Rules 4306, 4307 and 4320 apply to gaseous or liquid fired boilers, steam 

generators, and process heaters. Rule 4304 (Equipment Tuning Procedure for 

Boilers, Steam Generators, and Process Heaters) establishes the tune-up 

procedures for this source category. Certain steam generators were previously 

subject to Rule 4405 (Oxides of Nitrogen Emissions from Existing Steam 

Generators Used in Thermally Enhanced Oil Recovery – Central and Western 

Kern County Fields), then became subject to Rules 4351 and 4305. Upon 

adoption, September 18, 2003, oilfield steam generators were then subject to 

Rule 4306. Units subject to proposed amendments to Rule 4307 are not subject 

to existing Rules 4351, 4305 and 4306 because these rules apply to larger 

boilers, steam generators, and process heaters with a rated heat input of greater 

than 5.0 MMBtu/hr. 

B. Federal Rules, Regulations, and Policies 

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 unit 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. Rule 4306 and Rule 4320 establish 

emission standards for NOx and Rule 4320 establishes particulate matter control 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis October 16, 2008 

Final Draft Staff Report with Appendices 

 Proposed Amendments to Rule 4306 

and Rule 4307 and Proposed New Rule 4320 

E - 3

requirements. Rule 4306 and Rule 4320 apply to units with a rated heat input 

greater than 5 MMBtu/hr that are fired on gaseous or liquid fuel. The rule 

consistency analysis focused on standards established in 40 CFR 60 Subpart D 

for similar types of fuel. In general, the applicability, emission limits, and 

monitoring requirements of Rule 4306 and Rule 4320 are more stringent than 

those specified for units that are subject to 40 CFR 60 Subpart D. 40 CFR 60 

Subpart D does not apply to units subject to proposed amendments to Rule 4307 

because these units are rated less than the 250 MMBtu/hr. 

The relevant standards used for comparing the draft rules with 40 CFR 60 

Subpart D are shown in the Rule Consistency Table. 

2. 40 CFR 60 Subpart Db (Standards of Performance for IndustrialCommercial-Institutional 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. The rule consistency 

analysis focused on standards established in 40 CFR 60 Subpart Db for similar 

type of fuel. Rule 4306 and Rule 4320 apply to units with a rated heat input 

greater than 5 MMBtu/hr. This subpart requires a Continuous Emissions 

Monitoring System (CEMS) but provides several conditions where it is not 

required. In general, the applicability, emission limits, and monitoring 

requirements of Rule 4306 and 4320 are more stringent than those specified for 

units that are subject to 40 CFR 60 Subpart Db. The relevant standards used for 

comparing the draft rules with 40 CFR 60 Subpart Db are shown in the Rule 

Consistency Table. 40 CFR 60 Subpart Db does not apply to units subject to 

proposed amendments to Rule 4307 because the units are rated less than the 

100 MMBtu/hr. 

3. 40 CFR 60 Subpart Dc (Standards of Performance for Small IndustrialCommercial-Institutional Steam Generating Units) 

40 CFR 60 Subpart Dc applies to steam generating units with a maximum heat 

input capacity of 10 MMBtu/hr to 100 MMBtu/hr that commence construction, 

modification, or reconstruction after June 9,1989. Since the applicability of Rule 

4306 and Rule 4320 applies to gaseous or liquid fuel fired boilers, steam 

generators, and process heaters, a comparison of the provisions of the rule with 

40 CFR 60 Subpart Dc is not meaningful because Subpart Dc does not contain 

any standards for similar fuels. 40 CFR 60 Subpart Dc does not apply to units 

subject to proposed amendments to Rule 4307 because the units are rated less 

than the 10 MMBtu/hr. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis October 16, 2008 

Final Draft Staff Report with Appendices 

 Proposed Amendments to Rule 4306 

and Rule 4307 and Proposed New Rule 4320 

E - 4

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. The relevant standards used for comparing the draft rules 

with 40 CFR 63 Subpart DDDDD are shown in the Rule Consistency Table. 

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

NOx Emissions from Industrial/Commercial/Institutional Boilers”, dated 

March 1994 

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 4306 and Section 5.6 of Rule 4320 establish certain 

operational standards that must be met during start-up or shutdown of boilers, 

steam generators, and process heaters. Section 5.4 of Rule 4307 allows a 

limited duration of startup or shutdown including certain operational standards 

that must be met during start-up or shutdown of the unit. 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. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis October 16, 2008 

Final Draft Staff Report with Appendices 

 Proposed Amendments to Rule 4306 

and Rule 4307 and Proposed New Rule 4320 

E - 5

8. EPA Policy on Recordkeeping 

The recordkeeping requirement in Sections 6.1 of Rule 4306, Rule 4307 and 

Rule 4320 is consistent with EPA’s policy to keep and maintain records for at 

least five years. 

9. EPA Policy on Representative Unit Testing 

The representative unit testing provision in Section 6.3.2 of Rule 4306 is 

consistent with the EPA policy as discussed in a letter dated April 16, 1997 from 

Matt Haber, Chief of EPA Region IX Air Division Permits Office to the District’s 

Permit Services Division. Rule 4307 and Rule 4320 do not contain such 

provisions. 

10. EPA Policy on Alternate Emission Control Plan (AECP) 

The AECP provision in Section 9 of Rule 4306 is consistent with EPA Emissions 

Trading Policy Statement (ETPS) published on December 4, 1986 (51 FR 

43814), the Economic Incentive Program (EIP) Rules promulgated April 7, 1994 

(59 FR 16690), and EPA policies regarding equivalency provisions, AECPs, 

cross-line averaging, and other bubbles as described in the document entitled, 

“Issues Relating to VOC Regulation Cut points, Deficiencies, and Deviations: 

Clarification to Appendix D of November 24, 1987 Federal Register.” The EIP 

and EPA policies require AECP provisions to meet, among other things, a 10 

percent or greater reduction in emissions beyond the established baseline. Rule 

4307 and Rule 4320 do not contain such provisions. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

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Summary of Rule Consistency Analysis For Rules 4306/4320 

Requirements Rules 4306 and 4320 Federal Rules, Regulations, and Policies 

40 CFR 60 Subpart D 40 CFR 60 Subpart Db 40 CFR 63 Subpart 

DDDDD 

Applicability Gaseous- or liquid-fired boilers, 

steam generators, and process heaters >5 MMBtu/hr 

Steam generating units >250 MMBtu/hr which commenced construction after 8/17/71. 

Steam generating units >100 MMBtu/hr which commenced construction after 6/19/84. Oil-fired units rated at 100 to 250 MMBtu/hr which commenced construction, modification, or reconstruction after 6/19/84, but on or before 6/19/86. 

Industrial, commercial, and institutional boiler or process heater that is located at, or is part of, a major source of hazardous air pollutants. 

N

Emission Limits (Standard and Enhanced) 

NOx limits are more stringent than NSPS (refer to Rule 4320 Table 1). CO limit –400 at 3% O2 PM Control Requirements: -Fire exclusively on PUC-quality natural gas, commercial propane, butane, or liquefied petroleum gas, or a combination of such gases; or - Limit fuel sulfur content to no more than 5 grains of total sulfur per 100 standard cubic feet; or - Install and operate an emission control system that reduces SO2 by at least 95% by weight; or limit exhaust SO2 to less than or equal to 9 ppmv at 3% O2. 

NOx limits: -Gaseous fossil fuel – 0.20 lb/MMBtu -Liquid fossil fuel – 0.30 lb/MMBtu. PM limit: -Fossil fuel - 0.10 lb/MMBtu SO2 limit: - Liquid fossil fuel – 0.80 lb/MMBtu 

NOx limits: -Natural gas and distillate oil (low heat release rate) – 0.10 lb/MMBtu. -Natural Gas and distillate oil (high heat release rate) – 0.20 lb/MMBtu. SO2 limits: - Various fuels – 0.20 lb/MMBtu; or a 92% reduction. 

New or reconstructed large liquid fuel, or limited use liquid fuel: PM – 0.03 lb/MMBtu CO – 400 ppm at 3% O2 New or reconstructed small liquid fuel: PM – 0.03 lb/MMBtu New or reconstructed large gaseous or limited use gaseous fuel: CO – 400 ppm at 3% O2 

N

Operating requirements and work practices 

Establishes requirements for startup or shutdown. None None Ongoing operation and maintenance requirements. N

Emission measurement 15-consecutive-minute block 

average 

3-hour arithmetic average of 3 contiguous 1-hour period 

Initial performance test – 24-hour average Subsequent performance test – 3-hour average 

Initial performance tests or initial fuel analysis. 

N

Alternate Emission Control Plan (AECP) 

Contains AECP provision None None None N
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Summary of Rule Consistency Analysis For Rules 4306/4320 – Continued 

Requirements Rules 4306 and 4320 Federal Rules, Regulations, and Policies 

40 CFR 60 Subpart D 40 CFR 60 Subpart Db 40 CFR 63 Subpart 

DDDDD 

Monitoring and Testing -Source testing once every 12 

months. Allows source testing once every 36 months if two consecutive 12-month testing demonstrates compliance with the limits. -Requires tune-up of units semiannually. -Requires operation of Continuous Emissions Monitoring System or an APCO-approved alternate Monitoring System. -Allows representative unit testing 

-Requires source testing upon initial performance test, but no requirement conduct recurring periodic source testing. -Requires operation of Continuous Emissions Monitoring System if initial performance test demonstrates that NOx emissions are greater than 70% of the applicable standard. -No periodic tune-up requirement. -No provision for representative unit testing. 

-Requires source testing upon initial performance test, but no requirement to conduct recurring periodic testing. -No periodic tune-up requirement. -No provision for representative unit testing. -Requires operation of Continuous Emissions Monitoring System or predictive emissions monitoring under certain conditions. 

-Requires operation of Continuous Emissions Monitoring System or sitespecific monitoring, or emissions averaging. 

N

Recordkeeping and reporting 

Maintain records for five years. None Maintain records for 2 

years. 

Maintain records for five years. 

N
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Summary of Rule Consistency Analysis For Rule 4307 

Requirements Rule 4307 Federal Rules, Regulations, and Policies 

40 CFR 60 Subpart D 40 CFR 60 Subpart Db 40 CFR 63 Subpart DDDD

Applicability Gaseous- or liquid-fired 

boilers, steam generators, and process heaters 2.0 MMBtu/hr to 5.0 MMBtu/hr 

Steam generating units >250 MMBtu/hr which commenced construction after 8/17/71. 

Steam generating units >100 MMBtu/hr which commenced construction after 6/19/84. Oil-fired units rated at 100 to 250 MMBtu/hr which commenced construction, modification, or reconstruction after 6/19/84, but on or before 6/19/86. 

Industrial, commercial, and institutional boiler or process hthat is located at, or is part of, major source of hazardous air pollutants. 

Emission Limits 

NOx limits are more stringent than NSPS (refer to Rule 4307 Table 1). CO limit –400 at 3% O2 

NOx limits: -Gaseous fossil fuel – 0.20 lb/MMBtu -Liquid fossil fuel – 0.30 lb/MMBtu. No CO limit. 

NOx limits: -Natural gas and distillate oil (low heat release rate) – 0.10 lb/MMBtu. -Natural Gas and distillate oil (high heat release rate) – 0.20 lb/MMBtu. -Residual oil (low heart release rate) – 0.30 lb/MMBtu -Residual oil (high heat release rate) – 0.40 lb/MMBtu 

New or reconstructed large liqfuel, or limited use liquid fuel: PM – 0.03 lb/MMBtu CO – 400 ppm at 3% O2 New or reconstructed small liqfuel: PM – 0.03 lb/MMBtu New or reconstructed large gaor limited use gaseous fuel: CO – 400 ppm at 3% O2 

Operating requirements and work practices 

Establishes requirements for start-up or shutdown. 

None None Ongoing operation and mainte

requirements. 

Emission measurement 

Arithmetic average of the results of three sampling runs and each sampling period is 30 minutes. 

3-hour arithmetic average of 3 contiguous 1-hour period 

Initial performance test – 24-hour average Subsequent performance test – 3-hour average 

Initial performance tests or initanalysis. 

Monitoring and Testing 

Requires tune-up of units semi-annually. 

-Requires source testing upon initial performance test, but no requirement conduct recurring periodic source testing. -Requires operation of Continuous Emissions Monitoring System if initial performance test demonstrates that NOx emissions are greater than 70% of the applicable standard. -No periodic tune-up requirement. -No provision for representative unit testing. 

-Requires source testing upon initial performance test, but no requirement to conduct recurring periodic testing. -No periodic tune-up requirement. -No provision for representative unit testing. 

-Requires operation of ContinuEmissions Monitoring System specific monitoring, or emissioaveraging. 

Recordkeeping and reporting 

Maintain records for five years. 

None Maintain records for 2 years. Maintain records for five years