SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

APPENDIX B: Rule Consistency Analysis June 16, 2011 

Final Draft Staff Report with Appendices 

 For Proposed Amendments to Rule 4401 

B - 1

APPENDIX B 

Rule Consistency Analysis 

June 16, 2011 
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

APPENDIX B: Rule Consistency Analysis June 16, 2011 

Final Draft Staff Report with Appendices 

 For Proposed Amendments to Rule 4401 

B - 2

This page intentionally blank. 
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

APPENDIX B: Rule Consistency Analysis June 16, 2011 

Final Draft Staff Report with Appendices 

 For Proposed Amendments to Rule 4401 

B - 3

I. REQUIREMENTS OF 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 Proposed 

Rule 4401 with the 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 rule elements that were analyzed are emission 

limits or control efficiency, operating parameters and work practices, monitoring and 

testing, and recordkeeping and reporting requirements. 

II. RESULTS OF ANALYSIS 

A. District Rules 

Rule 2520 (Federally Mandated Operating Permits) applies to oil production facilities, 

gas production facilities, gas processing plants, petroleum refineries, chemical plants, 

and gas liquids processing plants if they major sources. The recordkeeping and 

reporting requirements of Proposed Rule 4401 are no more stringent than the 

provisions of Rule 2520. Proposed Rule 4401 requires inspection records to be 

submitted upon request of the APCO while Rule 2520 requires the submission of 

records every six months. 

B. United States Environmental Protection Agency Rules and Regulations 

District staff found no Control Technique Guidelines (CTG) or any standards in 40 CFR 

60, Title 40 (Protection of Environment), Chapter I, Subchapter C (Air Programs, Part 60 

(Standards of Performance for New Stationary Sources) and Part 63 (National Emission 

Standards for Hazardous Air Pollutants for Source Categories) applicable to equipment 

leaks from steam-enhanced crude oil production well vents. 

EPA recordkeeping policy requires records be kept for a period of at least five years. 

The recordkeeping period specified in Proposed Rule 4401 is five years. EPA policy 

basically stated that any provision in the rule that allows for an automatic exemption for 

excess emissions due to malfunction, start-up, or shutdown is prohibited. Proposed 

Rule 4401 does not contain an exemption during start-up or shutdown. However, the 

rule contains provisions that allow operators to repair or replace leaking components as 

expeditiously as practicable but not later than the timeframes specified in the rule. 

District staff believes that the limited repair of leaking components including the leak 

minimization requirements of Proposed Rule 4401 are consistent with EPA policy. 
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 

APPENDIX B: Rule Consistency Analysis June 16, 2011 

Final Draft Staff Report with Appendices 

 For Proposed Amendments to Rule 4401 

B - 4

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