### SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DI STRICT

Appendix E: Rule Consistency Analysis Octobe r 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 DI STRICT

Appendix E: Rule Consistency Analysis Octobe r 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 T O

RULE 4306 AND RULE 4307AND PROPOSED NEW RULE 4320

I. Requirements of Rule Consistency Analysis

Pursuant to Section 40727.2 OF California Health an d Safety Code, prior to

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

written analysis that identified and compares the a ir 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 prop osed District and EPA

regulations and guidelines that apply to boilers, s team generators, and process

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

monitoring and testing, and recordkeeping and repor ting requirements. The

analysis is discussed below and a summary is presen ted in the Rule Consistency

Table.

II. Results of Analysis

A. District Rules

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

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

Boilers, Steam Generators, and Process Heaters) est ablishes 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 4 351 and 4305. Upon

adoption, September 18, 2003, oilfield steam genera tors 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 fo r Fossil-Fuel Fired

Steam Generators for Which Construction Commenced A fter August 17,

1971)

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

residue-fired steam generating unit of more than 25 0 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 establishe s particulate matter control

### SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DI STRICT

Appendix E: Rule Consistency Analysis Octobe r 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 uni ts with a rated heat input

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

consistency analysis focused on standards establish ed in 40 CFR 60 Subpart D

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

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

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

Subpart D does not apply to units subject to propos ed amendments to Rule 4307

because these units are rated less than the 250 MMB tu/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 f or IndustrialCommercial-Institutional Steam Generating Units)

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

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

or reconstruction after June 19, 1984. Steam gener ating 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 uni ts with a rated heat input

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

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

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

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

units that are subject to 40 CFR 60 Subpart Db. Th e 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 a pply 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 f or Small IndustrialCommercial-Institutional Steam Generating Units)

40 CFR 60 Subpart Dc applies to steam generating un its 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 fue l fired boilers, steam

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

40 CFR 60 Subpart Dc is not meaningful because Subp art 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 DI STRICT

Appendix E: Rule Consistency Analysis Octobe r 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 regula te hazardous air pollutants

such as arsenic, cadmium, chromium, hydrogen chlori de, hydrogen fluoride,

lead, manganese, mercury, and nickel. NESHAP appli es 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 Technique s (ACT) Document –

NOx Emissions from Industrial/Commercial/Institutio nal 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 se veral control techniques

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

effectiveness estimates for different control techn iques. However, the ACT does

not prescribe the specific emission limits that sho uld 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 43 20 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 c ertain 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 a re consistent with the EPA

policy as discussed in an EPA memorandum, dated Feb ruary 15, 1983, “Policy

on Excess Emissions During Start-up, Shutdown, Main tenance and Malfunctions”

which prohibits automatic exemption during periods of start-up or shutdown of a

unit.

### SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DI STRICT

Appendix E: Rule Consistency Analysis Octobe r 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 Ru le 4306, Rule 4307 and

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

least five years.

9. EPA Policy on Representative Unit Testing

The representative unit testing provision in Sectio n 6.3.2 of Rule 4306 is

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

Matt Haber, Chief of EPA Region IX Air Division Per mits 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 con sistent with EPA Emissions

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

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

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

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

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

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

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

percent or greater reduction in emissions beyond th e established baseline. Rule

4307 and Rule 4320 do not contain such provisions.SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICTAppendix E: Rule Consistency AnalysisOctober 16, 2008E – 6Final Draft Staff Report with AppendicesFor Proposed Amendments to Rule 4306and Rule 4307 and Proposed New Rule 4320Summary of Rule Consistency Analysis For Rules 4306/4320Federal Rules, Regulations, and PoliciesRequirements Rules 4306 and 432040 CFR 60 Subpart D 40 CFR 60 Subpart Db 40 CFR 63SubpartDDDDDACT PolicyApplicability Gaseous- or liquid-fired boilers,steam generators, and processheaters >5 MMBtu/hrSteam generating units >250MMBtu/hr which commencedconstruction after 8/17/71.Steam generating units>100 MMBtu/hr whichcommenced constructionafter 6/19/84. Oil-firedunits rated at 100 to 250MMBtu/hr whichcommenced construction,modification, orreconstruction after6/19/84, but on or before6/19/86.Industrial, commercial, andinstitutional boiler orprocess heater that islocated at, or is part of, amajor source of hazardousair pollutants.None NoneEmission Limits(Standard andEnhanced)NOx limits are more stringent thanNSPS (refer to Rule 4320 Table1). CO limit –400 at 3% O2PM Control Requirements:-Fire exclusively on PUC-qualitynatural gas, commercial propane,butane, or liquefied petroleum gas,or a combination of such gases; or- Limit fuel sulfur content to nomore than 5 grains of total sulfurper 100 standard cubic feet; or- Install and operate an emissioncontrol system that reduces SO2by at least 95% by weight; or limitexhaust SO2 to less than or equalto 9 ppmv at 3% O2.NOx limits:-Gaseous fossil fuel – 0.20lb/MMBtu-Liquid fossil fuel – 0.30lb/MMBtu.PM limit:-Fossil fuel - 0.10 lb/MMBtuSO2 limit:- Liquid fossil fuel – 0.80lb/MMBtuNOx limits:-Natural gas and distillateoil (low heat release rate) –0.10 lb/MMBtu.-Natural Gas and distillateoil (high heat release rate)– 0.20 lb/MMBtu.SO2 limits:- Various fuels – 0.20lb/MMBtu; or a 92%reduction.New or reconstructed largeliquid fuel, or limited useliquid fuel:PM – 0.03 lb/MMBtuCO – 400 ppm at 3% O2New or reconstructed smallliquid fuel:PM – 0.03 lb/MMBtuNew or reconstructed largegaseous or limited usegaseous fuel:CO – 400 ppm at 3% O2None NoneOperatingrequirements and workpracticesEstablishes requirements for startup or shutdown.None None Ongoing operation andmaintenance requirements.None Prohibits automaticexemption from theemission standardsduring start-up orshutdown.Emission measurement 15-consecutive-minute blockaverage3-hour arithmetic average of3 contiguous 1-hour periodInitial performance test –24-hour averageSubsequent performancetest – 3-hour averageInitial performance tests orinitial fuel analysis.NoneAlternate EmissionControl Plan (AECP)Contains AECP provision None None None None AECP provisions ofDraft Rule 4306 areconsistent with EPApolicy.SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICTAppendix E: Rule Consistency AnalysisOctober 16, 2008E – 7Final Draft Staff Report with AppendicesFor Proposed Amendments to Rule 4306and Rule 4307 and Proposed New Rule 4320Summary of Rule Consistency Analysis For Rules 4306/4320– ContinuedFederal Rules, Regulations, and PoliciesRequirements Rules 4306 and 432040 CFR 60 Subpart D 40 CFR 60 Subpart Db 40 CFR 63SubpartDDDDDACT PolicyMonitoring and Testing -Source testing once every 12months. Allows source testingonce every 36 months if twoconsecutive 12-month testingdemonstrates compliance with thelimits.-Requires tune-up of units semiannually.-Requires operation of ContinuousEmissions Monitoring System oran APCO-approved alternateMonitoring System.-Allows representative unit testing-Requires source testingupon initial performance test,but no requirement conductrecurring periodic sourcetesting.-Requires operation ofContinuous EmissionsMonitoring System if initialperformance testdemonstrates that NOxemissions are greater than70% of the applicablestandard.-No periodic tune-uprequirement.-No provision forrepresentative unit testing.-Requires source testingupon initial performancetest, but no requirement toconduct recurring periodictesting.-No periodic tune-uprequirement.-No provision forrepresentative unit testing.-Requires operation ofContinuous EmissionsMonitoring System orpredictive emissionsmonitoring under certainconditions.-Requires operation ofContinuous EmissionsMonitoring System or sitespecific monitoring, oremissions averaging.None Representative unittesting provisions ofDraft Rules 4305 and4306 are consistent withEPA policy.Recordkeeping andreportingMaintain records for five years. None Maintain records for 2years.Maintain records for fiveyears.None Maintain records for fiveyears.SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICTAppendix E: Rule Consistency AnalysisOctober 16, 2008E – 8Final Draft Staff Report with AppendicesFor Proposed Amendments to Rule 4306and Rule 4307 and Proposed New Rule 4320Summary of Rule Consistency Analysis For Rule 4307Rule 4307Federal Rules, Regulations, and PoliciesRequirements40 CFR 60 Subpart D 40 CFR 60 Subpart Db 40 CFR 63Subpart DDDDD ACT US PolicyApplicability Gaseous- or liquid-firedboilers, steam generators,and process heaters 2.0MMBtu/hr to 5.0 MMBtu/hrSteam generating units >250MMBtu/hr which commencedconstruction after 8/17/71.Steam generating units >100MMBtu/hr which commencedconstruction after 6/19/84. Oil-firedunits rated at 100 to 250 MMBtu/hrwhich commenced construction,modification, or reconstruction after6/19/84, but on or before 6/19/86.Industrial, commercial, andinstitutional boiler or process heaterthat is located at, or is part of, amajor source of hazardous airpollutants.None NoneEmissionLimitsNOx limits are more stringentthan NSPS (refer to Rule4307 Table 1). CO limit –400at 3% O2NOx 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 (lowheat release rate) – 0.10 lb/MMBtu.-Natural Gas and distillate oil (highheat 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/MMBtuNew or reconstructed large liquidfuel, or limited use liquid fuel:PM – 0.03 lb/MMBtuCO – 400 ppm at 3% O2New or reconstructed small liquidfuel:PM – 0.03 lb/MMBtuNew or reconstructed large gaseousor limited use gaseous fuel:CO – 400 ppm at 3% O2None NoneOperatingrequirementsand workpracticesEstablishes requirements forstart-up or shutdown.None None Ongoing operation and maintenancerequirements.None Prohibits automaticexemption from theemission standardsduring start-up orshutdown.EmissionmeasurementArithmetic average of theresults of three sampling runsand each sampling period is30 minutes.3-hour arithmetic average of 3contiguous 1-hour periodInitial performance test – 24-houraverageSubsequent performance test – 3-hour averageInitial performance tests or initial fuelanalysis.NoneMonitoring andTestingRequires tune-up of unitssemi-annually.-Requires source testing upon initialperformance test, but no requirementconduct recurring periodic sourcetesting.-Requires operation of ContinuousEmissions Monitoring System if initialperformance test demonstrates thatNOx emissions are greater than 70%of the applicable standard.-No periodic tune-up requirement.-No provision for representative unittesting.-Requires source testing upon initialperformance test, but no requirementto conduct recurring periodic testing.-No periodic tune-up requirement.-No provision for representative unittesting.-Requires operation of ContinuousEmissions Monitoring System or sitespecific monitoring, or emissionsaveraging.None Periodic testing todemonstratecompliance.Recordkeepingand reportingMaintain records for fiveyears.None Maintain records for 2 years. Maintain recordsfor five years. None Maintain recordsfor five years.