SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis September 17, 2009 

E-1 Final Staff Report with Appendices 

for Rule 4695

APPENDIX E 

RULE CONSISTENCY ANALYSIS 

FOR RULE 4695 

September 17, 2009 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis September 17, 2009 

E-2 Final Staff Report with Appendices 

for Rule 4695 

APPENDIX E 

Rule Consistency Analysis 

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 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 that were analyzed are emission 

standards, monitoring and testing, and recordkeeping and reporting requirements. 

II. RULE CONSISTENCY ANALYSIS 

A. District Rules 

Facilities could be subject to other District rules including: 

 Rule 1040 (Enforcement) 

 Rule 1070 (Inspections) 

 Rule 1081 (Source Sampling) 

 Rule 1090 (Penalty) 

 Rule 1100 (Equipment Breakdown) 

 Rule 1140 (Applicability of Emission Limits) 

 Rule 2010 (Permits Required) 

 Rule 2020 (Exemptions) 

 Rule 2040 (Application) 

 Rule 2050 (Cancellation of Application) 

 Rule 2070 (Standards for Granting Application) 

 Rule 2080 (Conditional Approval) 

 Rule 2092 (Standards for Permits to Operate) 

 Rule 2201 (New and Modified Stationary Source Review Rule) 

 Rule 3010 (Permit Fee) 

 Rule 3020 (Permit Fee Schedule) 

 Rule 3100 (California Environmental Quality Act Fee) 

 Rule 3170 (Federally Mandated Ozone Nonattainment Fee) 

 Rule 4001 (New Source Performance Standards) 

 Rule 4002 (National Emission Standards for Hazardous Air Pollutants) 

 Rule 4102 (Nuisance) 

 Rule 4694 ( Wine Fermentation and Storage Tanks) 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis September 17, 2009 

E-3 Final Staff Report with Appendices 

for Rule 4695 

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

requirements of Proposed Rule 4695. 

B. Federal EPA Rules and Regulations 

1. Best Available Control Technology (BACT) 

There is no EPA BACT for Brandy Aging and Wine Aging. 

2. Reasonably Available Control Technology (RACT) 

There is no EPA RACT for Brandy Aging and Wine Aging. 

3. Lowest Achievable Emission Rate (LAER) 

There is no EPA LAER for Brandy Aging and Wine Aging. 

4. New Source Performance Standards (NSPS) 

There is no EPA NSPS for Brandy Aging and Wine Aging.

5. National Emission Standards for Hazardous Air Pollutants (NESHAPs) 

There is no EPA NESHAP for Brandy Aging and wine Aging. 

6. Maximum Achievable Control Technology (MACT) 

There is no EPA MACT for Brandy Aging and Wine Aging. 

7. Federal Control Techniques Guideline (CTG) 

There is no EPA CTG for Brandy Aging and Wine Aging. 

8. Alternative Control Technology (ACT) 

There is no EPA ACT for Brandy Aging and Wine Aging. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix E: Rule Consistency Analysis September 17, 2009 

E-4 Final Staff Report with Appendices 

for Rule 4695 

7. EPA Policy on Recordkeeping 

The recordkeeping requirement in Rule 4311 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 concludes that none of the proposed 

requirements of Proposed Rule 4695 would conflict with federal rules, regulations, or 

policies covering similar stationary sources.