# Eastern Kern Air Pollution Control District



# Rule 102

DEFINITIONS

FINAL STAFF REPORT

January 13, 2011

Prepared by



### Jeremiah Cravens Air Quality Specialist II

Reviewed by



### David L. Jones

Air Pollution Control Officer 

### Glen Stephens Senior Air Quality Engineer III

Eastern Kern Air Pollution Control District 2700 “M” Street, Suite 302 Bakersfield, California 93301 (661) 862-5250  www.kernair.org

### Table of Contents

I. BOARD AD OPTION .......................................................................... 1

II. INTROD UCTION ............................................................................... 1

III. DISTRICT NA ME CHANGE............................................................... 1

IV. NEW DEFI NITIONS........................................................................... 2

V. REVISED LANGUAGE ...................................................................... 3

VI. EXEMPT CO MPOUNDS ................................................................... 4

VII. ECONOMIC IMPACTS ...................................................................... 4

VIII. SOCIOECONO MIC IMPAC TS........................................................... 4

IX. ENVIRONMEN TAL IMPAC TS ........................................................... 4

APPENDIX A AMENDED RULE 102, DEFINITIONS
CLEAN VERSION

APPENDIX B AMENDED RULE 102, DEFINITIONS
STRIKEOUT UNDERLINE VERSION

APPENDIX C AMENDED RULE 102, DEFINITIONS
RESPONSE TO COMMENTS102 Draft Staff Report

I. BOARD ADOPTION

Rule 102, Definitions was amended by the Eastern Kern Air Pollution Control District’s Governing Board on January 13, 2011 at the J anuary 2011 Board meeting.

II. INTRODUCTION

This staff report presents the amendm ents made to Rule 102 Definitions. Reasons for amending the Rule include: updating the name of the District; adding ten (10) definitions; revising langua ge in three (3) definitions; and adding one compound to the Exempt Compounds list. Minor formatting issues have also

been corrected.

Appendix A is the clean version of amended Rule 102 Definitions.

Appendix B is the strikeout underline ve rsion of amended Rule 102 Definitions.

Appendix C is the Response to Comm ents for amended Rule 102 Definitions.

III. DISTRICT NAME CHANGE

On May 13, 2010, as approved to form by the District’s Governing Board, the Kern County Air Pollution Control Distric t (KCAPCD) formally changed the name of the District to Eastern Kern Air Pollution Control District (EKAPCD). All definitions in the Rule referencing Kern County Air Pollution Control District and
KCAPCD have been revised to now reference Eastern Kern Air Pollution Control
District and EKAPCD.

The definition of Kern County Air Pollut ion Control District has been revised as
follows: As of May 13, 2010 any District Ru le that is applicable or makes reference to Kern County Air Polluti on Control District (K CAPCD) shall mean Eastern Kern Air Pollution Control District (EKAPCD)

.

Section L, Eastern Kern County Air Po llution Control District has been added to
the Rule to define the District’s boundarie s. Language for Section L is as follows:

That portion of Kern County which lies east of the line described as follows:

 Beginning at the Kern-Los Angel es County boundary and running north and east along the northwest boundary of t he Rancho La Liebre Land Grant to the point of intersection with the township line common to T.9.N and T.10.N, San Bernardino Base and Meridian (SBB&M);

 then west along the township line to the range line common to T.10.N, R.16.W and T.9.N, R.17.W, SBB&M;

 then north along the range li ne common to R.16.W and R. 17.W to the point of

intersection with the Ranc ho El Tejon Land Grant boundary;

EKAPCD Final 1/13/2011 1102 Draft Staff Report

 then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S.3, T. 11.N, R.17.W, SBB&M;

 then west 1.2 miles;

 then north to the Rancho El Tejon Land Grant boundary;

 then northwest along the Rancho El Te jon line to the southeast corner of S.34, T.32.S, R.30.E, Mount Diablo Base and Meridian (MDB&M);

 then north to the northwest corner of S .35, T.31.S, R.30.E, MDB&M;

 then northeast along the boundar y of the Rancho El Te jon Land Grant to the southwest corner of S.18, T.31.S, R.31.E, MDB&M;

 then east to the southeast corner of S.13, T.31.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E, to the northwest corner of S.6, T.29.S, R.32.E, MDB&M;

 then east to the southwest corner of S .31, T.28.S, R.32.E, MDB&M;

 then north along the range li ne common to R.31.E and R.32.E, the northwest corner of S.6, T. 28.S, R.32.E, MDB&M;

 then west to the southeast corner of S.36, T.27.S, R.31.E, MDB&M;

 then north along the range li ne common to R.31.E, and R.32.E,to the Kern - Tulare County boundary

.

IV. NEW DEFINITIONS

The following ten (10) def initions have been added alphabet ically to the Rule:

1. Agricultural Facility: Any operation occurring on a ranch or farm directly related to the growing of crops or rais ing animals on that ranch or farm, for the primary purpose of making a profit or for livelihood.

2. Carbon Dioxide Equivalent, CO 2 Equivalent, or CO 2 e : A measure for comparing carbon dioxide with other GH Gs, based on the quantity of those gases multiplied by the appropriate gl obal warming potential (GWP) factor as stated in 40 CFR Part 98 Subpart A Table A-1 (Global Warming Potentials).

3. Confined Animal Facility (CAF): Facility where animals are corralled, penned,

or otherwise caused to remain in re stricted areas for commercial purposes and primarily fed by m eans other than grazing.

4. Fugitive Dust: Any solid particulate matter that becomes airborne, other than
that emitted from an exhaust stack, directly or indire ctly as a result of human

activities.

5. Gasoline: Any organic liquid, including petrol eum distillates and alcohols with a true vapor pressure greater than 1.5 psia, which is commonly or commercially known or sold as gasoline.

EKAPCD Final 1/13/2011 2102 Draft Staff Report

6. Greenhous e Gas, Greenhouse Gases, or GHG(s): Carbon Dioxide (CO2), Methane (CH4), Nitrous Oxide (N2O ), Sulfur Hexafluoride (SF6), Hydrofluorocarbons (HFCs), and Perfluorocarbons (PFCs).

7. Global Warming Potential or GWP : The capacity to heat the atmosphere,
calculated as the ratio of the time-i ntegrated radiative forcing from the instantaneous release of 1 kilogram (kg) of a substance relative to that of 1 kg
of CO 2 . GWP shall be calculated according to the factors for a 100-year time horizon, as stated in 40 CFR Part 98 Subpart A Table A-1 (Global Warming Potentials).

8. Motor Vehicle : A motor vehicle is a “vehicle” (def ined in this rule) that is selfpropelled; and does not include self-p ropelled wheelchairs, motorized tricycles, or motorized quadricycles, if operated by a person who, by reason of physical disability, is otherwis e unable to move about as a pedestrian.

9. Toxic Air Contaminant (TAC): Any air pollutant which may cause or contribute to an increase in mortality or in serious illness, or may pose a present or potential hazard to hum an health. Any substance listed as a hazardous air pollutant pursuant to subsec tion (b) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412(b)), any substance on the candidate list of potential toxic air contaminants or lis t of designated toxic air contaminants prepared by the California Air Resources Board pursuant to Article 3 (commencing with Section 39660) of Chapter 3.5 of Part 2, including, but not limited to, all substances currently under review and scheduled or nominated for review, and any hazardous air pollu tant identified an d listed for which
health effects information is limited.

10. Vehicle : A vehicle is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power.

V. REVISED LANGUAGE

Definitions for Affected Pollutants, Air Contaminants, and Volatile Organic Compounds have revised language to aid in clarity and intent. The revised language is as follows:

The term “excluding GHGs as defined in this rule” has been added to the
definitions of Affected Pollutants and Air Contaminants

.

GHGs have been excluded from these definitions because their federal thresholds are much higher than other pollu tants. Current definitions in Rule 102

for Affected Pollutants and Air Contaminants could be interpreted as including GHGs. Consequently, many of EKAPCD’s major rules that use those terms would require significant amendments to address GHG requirements without the proposed clarification to the definitions . EKAPCD is currently developing new

EKAPCD Final 1/13/2011 3102 Draft Staff Report

EKAPCD Final 1/13/2011 4 rules in coordination with EPA and other California air districts designed to implement federal GHG regulations.

The term “listed in section N of this rule” has been replaced with “as defined in

this rule” in Volatile Organic Compounds.

See Appendix A or B for complete revised definitions of Affected Pollutant, Air Contaminant, and Volatile Organic Compounds

.

VI. EXEMPT COMPOUNDS

Perchloroethylene (tetrachloroethy lene) has been added to the list of Exempt Compounds . Although perchloroethylene (tetra chloroethylene) is excluded from
the definition of Volatile Organic Compound because it has been determined to have negligible photochemical reactivity , it is still considered a Toxic Air Contaminant (TAC) and its use must co mply with District, State, and Federal regulations.

The Exempt Compounds list has also been reformatted to maintain consistency throughout the entire list.

VII. ECONOMIC IMPACT

Amended Rule 102 Definitions poses no significant cost to industry.

VIII. SOCIOECONOMIC IMPACTS

CH & SC Section 40728.5 exempts dist ricts with a population of less than 500,000 persons from the requi rement to assess the socioeconomic impacts of proposed rules. Eastern Kern County popul ation is below 500,000 persons.

IX. ENVIRONMENTAL IMPACTS

No significant environmental impacts are expected as a result of this proposed amendment. Pursuant to the Section 15061, Subsections (2) & (3) of the California Environmental Quality Act (C EQA) Guidelines, staff has prepared and filed a Notice of Exemption for this project.

Remainder of Page Intentionally Left Blank

## APPENDIX A

AMENDED RULE 102 DEFINITIONS102 Staff Report – Amended Rule Appendix A

RUL E 102 Definitions - Adopted 4/18/72, Amended 1972-75, 8/31/76, 3/7/96, 7/1/99, 3/11/2010, 1/13/2011

Except as otherwise specifically provided in th ese Rules and except where the context otherwise indicates, words used in these Rules are used in exactly the sa me sense as the same words are used in Division 26, of the California Health and Safety Code.

A. Affected Pollutants : Any air contaminant and precursor to such contaminant regulated

under the Clean Air Act which include: volatil e organic compounds, nitr ogen oxides, sulfur oxides, Particles with aerodynamic diamet er of 10 micrometers or less (PM 10 ), carbon monoxide, ethylene, lead, asbestos, beryllium, mercury, vinyl chloride, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulf ur, and reduced sulfur compounds, and those pollutants which the U.S. Environmental Protection Agency (EPA), California Air Resources Board (ARB), or Distri ct, after due process, has dete rmined to have a significant adverse effect on the environment, public he alth, or public welfar e excluding GHGs as

defined in this rule.

B. Agricultural Facility : Any operation occurring on a ranc h or farm directly related to the growing of crops or raising animals on that ranch or farm, for the primary purpose of making a profit or for livelihood.

C. Air Contaminants : Any discharge, release or othe r propagation into the atmosphere directly or indirectly, caused by man and including, but not limited to, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fu mes, gases, odors, or particulate matter, or any combination thereof, excludi ng GHGs as defined in this rule.

D. Alteration : Any addition to, enlargement of, replacement of, or any modification or change of the design, capacity, process, or arrangement, or any increa se in the connected loading of, equipment or control apparatus, whic h may affect the type or amount of air

contaminants emitted.

E. Ambient Air Quality Standards : State and National Ambient Air Quality Standards. (For inclusion of this Rule in the State Implementa tion Plan, all references to ambient air quality standards shall be implemented as National Ambient Air Quality Standards.)

F. Atmosphere : The air that envelops or surrounds the earth. Air pollutants emitted into a building, not designed specifically as a piece of air pollution control equipment, shall be considered an emission into the atmosphere.

G. Board : The Air Pollution Control Board of the Eastern Kern Air Pollu tion Control District.

H. Carbon Dioxide Equivalent, CO 2 Equivalent, or CO 2 e : A measure for comparing carbon dioxide with other GHGs, based on the quant ity of those gases multiplied by the appropriate global warming potential (GWP) fact or as stated in 40 CFR Part 98 Subpart A Table A-1 (Global Warming Potentials).

I. Confined Animal Facility (CAF) : Facility where animal s are corralled, penned, or

otherwise caused to remain in restricted areas for commercial purposes and primarily fed by means other than grazing.

EKAPCD A- 1 Final 1/13/2011102 Staff Report – Amended Rule Appendix A

J. Combustible Refuse : Any solid or liquid combustible wa ste material cont aining carbon in

a free or combined state.

K. Combustion Contaminants : Particulate matter discharged into the atmosphere from the burning of any kind of material containi ng carbon in a free or combined state.

L. Control Officer : The Air Pollution Control Officer of the Eastern Kern Air Pollution

Control District.

M. District : The Eastern Kern Air Pollution Control District.

N. Dusts : Minute, solid particles released into th e air by natural forces or by mechanical processes such as crushing, grinding, m illing, drilling, demolishing, shoveling, conveying, covering, bagging, sweeping, or other similar processes.

O. Eastern Kern County Air Pollution Control District : That portion of Kern County which

lies east of the line described as follows:

 Beginning at the Kern-Los Angeles Count y boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the township line co mmon to T.9.N and T.10.N, San Bernardino Base and Meridian (SBB&M);

 then west along the township line to th e range line common to T.10.N, R.16.W and T.9.N, R.17.W, SBB&M;

 then north along the range line common to R.16.W and R.17.W to the point of

intersection with the Rancho El Tejon Land Grant boundary;

 then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S.3, T.11.N, R.17.W, SBB&M;

 then west 1.2 miles;

 then north to the Rancho El Tejon Land Grant boundary;

 then northwest along the Rancho El Tejon lin e to the southeast corner of S.34, T.32.S, R.30.E, Mount Diablo Base and Meridian (MDB&M);

 then north to the northwest corn er of S.35, T.31.S, R.30.E, MDB&M;

 then northeast along the boundary of the Ranc ho El Tejon Land Grant to the southwest corner of S.18, T.31.S, R.31.E, MDB&M;

 then east to the southeast corn er of S.13, T.31.S, R.31.E, MDB&M;

 then north along the range line common to R .31.E, and R.32.E, to the northwest corner of S.6, T.29.S, R.32.E, MDB&M;

 then east to the southwest corn er of S.31, T.28.S, R.32.E, MDB&M;

 then north along the range line common to R .31.E and R.32.E, the northwest corner of S.6, T.28.S, R.32.E, MDB&M;

 then west to the southeast corn er of S.36, T.27.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E,to the Kern - Tulare County boundary.

P. Emission : The act of passing into the atmosphere an air contaminant or gas stream which contains an air contaminant, or the air contaminant so passed into the atmosphere.

Q. Emission Point : The place at which an emission enters the atmosphere.

EKAPCD A- 2 Final 1/13/2011102 Staff Report – Amended Rule Appendix A

R. Exempt Compounds :

1. The following compounds are excluded from the definition of Volatile Organic Compounds (VOC) because they have been determined to have negligible photochemical reactivity:

Acetone, Methane, Carbon monoxide, Carbon dioxide, Carbonic acid, Ethane, Metallic carbides or carbonates, Ammonium carbonates, Methylene chloride (dichloromethane), 1,1,1-trichloroethane (M ethyl chloroform), 1,1,2-trichloro-1,2,2-trifl uoroethane (CFC-113), trichlorofluoromethane (CFC-11), 1,2-dichloro 1,1.2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), dichlorodifluoromethane (HCFC-12), 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123), 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124), 1,1-dichloro 1-fluoroethane (HCFC-141b), 1-chloro 1,1-difluor oethane (HCFC-142b), chlorodifluoromethane (HCFC-22), trifluoromethane (HFC-23), pentafluoroethane (HFC-125), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), 1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), parachlorobenzotrifluoride (PCBTF), Cyclic, branched, or linear comple tely methylated siloxanes (VMS) perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluor opropane (HCFC-225ca) 1,3-dichloro-1,1,2,2,3-pentafluor opropane (HCFC-225cb) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) Difluoromethane (HFC-32) Ethylfluoride (HFC-161) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 1,1,2,2,3-pentafluoropropane (HFC-245ca) 1,1,2,3,3-pentafluoropropane (HFC-245ea) 1,1,1,2,3-pentafluoropropane (HFC-245eb) 1,1,1,3,3-pentafluoropropane (HFC-245fa) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 1,1,1,3,3-pentafluorobutane (HFC-365mfc) Chlorofluoromethane (HCFC-31) 1-chloro-1-fluoroethane (HCFC-151a) 1,2-dichloro-1,1,2-trifluor oethane (HCFC-123a)

EKAPCD A- 3 Final 1/13/2011102 Staff Report – Amended Rule Appendix A

1,1,1,2,2,3,3,4,4-nonafluoro-4-m ethoxy-butane (C4F9OCH3 or HFE-7100) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptaf luoropropane ((CF3)2CFCF2OCH3) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptaflu oropropane ((CF3)2CFCF2OC2H5) Methyl Acetate 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluor omethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) Methyl Formate (HCOOCH3) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluor omethyl-pentane (HFE-7300) Dimethyl Carbonate Propylene Carbonate

Perfluorocarbon compounds whic h fall into these classes:

i. Cyclic, branched, or linear, completely fluorinated alkanes,

ii. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations,

iii. Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and

iv. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine

Perfluorocarbon and methylated siloxane co mpounds shall be assumed to be absent from a product or process unless a manufact urer or facility operator identifies the specific individual compounds (from the broad classes of perfluorocarbon and methylated siloxane compounds) and the amount s present in the product or process and

identifies a validated test method which can be used to quantify the specific compounds.

2. For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved State im plementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, th ese negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the enforcement authority.

3. The following compound is a VOC for pur poses of all recordkeeping, emissions reporting, photochemical disp ersion modeling and inventor y requirements which apply to VOC and shall be uniquely identified in emission reports, but is not a VOC for purposes of VOC emissions limitations or VOC content requirements: Tertiary Butyl Acetate (t-butyl acet ate) informally known as TBAC or TBAc.

S. Flue : Any duct or passage for air, gases, or the like, such as a stack or chimney.

T. Fugitive Dust : Any solid particulate ma tter that becomes airborne, other than that emitted from an exhaust stack, directly or indi rectly as a result of human activities.

U. Fumes : Minute, solid particles generated by cond ensation of vapors from solid matter after volatilization from a molten state, or generated by sublimatio n, distillation, calcination, or chemical reaction, when these proces ses create air-borne particles.

EKAPCD A- 4 Final 1/13/2011102 Staff Report – Amended Rule Appendix A

V. Gasoline : Any organic liquid, including petroleum distillates and alcohols with a true vapor pressure greater than 1.5 psia, which is commonly or co mmercially known or sold as gasoline.

W. Greenhouse Gas, Greenhous e Gases, or GHG(s) : Carbon Dioxide (CO 2 ), Methane (CH 4 ), Nitrous Oxide (N 2 O), Sulfur Hexafluoride (SF 6 ), Hydrofluorocarbons (HFCs), and Perfluorocarbons (PFCs).

X. Global Warming Potential or GWP : The capacity to heat the atmosphere, calculated as the ratio of the time-integrated ra diative forcing from the instan taneous release of 1 kilogram (kg) of a substance relative to that of 1 kg of CO 2 . GWP shall be calculated according to the factors for a 100-year time horizon, as stat ed in 40 CFR Part 98 Subpart A Table A-1 (Global Warming Potentials).

Y. Hearing Board : The Hearing Board of the Eastern Kern Air Pollution Control District.

Z. Installation : Placement, assemblage or construction of equipment or control apparatus at the premises where the equipment or cont rol apparatus will be used, including all preparatory work at such premises.

AA. Institutional Facility : Any hospital, boarding home, school, corporation yard, or like facility.

BB. Kern County Air Pollu tion Control District : As of May 13, 2010 any District Rule that is applicable or makes reference to Kern County Air Pollution Control District (KCAPCD)

shall mean Eastern Kern Air Pollu tion Control District (EKAPCD).

CC. Loading Rack : Any aggregate or combination of organic liquid loading equipment from the connection at the inlet of the organi c liquid pump to and including the hose and connector at the portable delivery tank.

DD. Motor Vehicle : A motor vehicle is a “vehicle” (defined in this rule) that is self-propelled; and does not include self-propelled wheelch airs, motorized tricycles, or motorized quadricycles, if operated by a person who, by r eason of physical disability, is otherwise unable to move about as a pedestrian.

EE. Multiple-Chamber Incinerator : Any article, machine, equipment, contrivance, structure or any part of a structure used to dispose of combustible refuse by bur ning, consisting of three or more refractory-lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned. Refractories shall have a Pyrometric Cone equivalent of at least 17, tested according to the American Society for Testing Ma terials, Method C-24.

FF. Open Outdoor Fire : Combustion of any combustible refu se or other material of any type outdoors in the open air, and not in any enclos ure where the products of combustion are not directed through a flue.

EKAPCD A- 5 Final 1/13/2011102 Staff Report – Amended Rule Appendix A

GG. Operation : Any physical action resulting in a cha nge in the location, form, or physical properties of a material, or any chemical act ion resulting in a change in the chemical composition or the chemical or phys ical properties of a material.

HH. Owner : Including but is not limited to, any pers on who leases, supervises or operates equipment, in addition to the normal meaning of ownership.

II. Particulate Matter : Any material, except uncombined wa ter, which exists in a finelydivided form as a liquid or solid at standard conditions.

JJ. Person : Any person, firm, association, orga nization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local governmental agency or public district or any officer or employee thereof.

KK. PPM : Parts per million by volume expressed on a gas basis.

LL. Process Weight Per Hour : The total weight of all materials introduced into any specific source operation, which operation may cause any em ission into the atmosphere. Solid fuels charged shall be considered as part of the process weight, but liqui d and gaseous fuels and combustion air will not. "The Process Weight Per Hour" will be derived by dividing the total process weight by the number of hours in one cycle of operation from the beginning of any given process to the completion th ereof, excluding any time during which the equipment is idle.

MM. Regulation : One of the major subdivisions of the Rules of the Eastern Kern Air Pollution

Control District.

NN. Residential Rubbish : Refuse originating from resi dential uses including wood, paper, cloth, cardboard, tree trimmings, leaves , lawn clippings, and dry plants.

OO. Rule : A rule of the Eastern Kern Air Pollution Control District.

PP. Section : A section of the California Health and Safety Code, unless some other statute is specifically mentioned.

QQ. Source Operation : The last operation preceding the emission of an air contaminant, which operation: a) results in the se paration of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuels; and b) is not an air pollution abatement operation.

RR. Standard Conditions : A gas temperature of 68° Fahrenhe it (20° Celsius) and an absolute pressure of 14.7 pounds per square inch (760- millimeters of mercury). Results of all analyses and tests shall be calculated or re ported at this gas temp erature and pressure.

SS. Toxic Air Contaminant (TAC) : Any air pollutant which may cause or contribute to an increase in mortality or in serious illness, or may pose a present or pote ntial hazard to human health. Any substance listed as a hazar dous air pollutant pursuan t to subsection (b) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412(b)), any substance on the candidate list of potential toxic air contaminants or list of designated toxic air contaminants prepared by the California Air Resources Boar d pursuant to Article 3 (commencing with

EKAPCD A- 6 Final 1/13/2011102 Staff Report – Amended Rule Appendix A

EKAPCD A- 7 Final 1/13/2011 Section 39660) of Chapter 3.5 of Part 2, in cluding, but not limited to, all substances currently under review and scheduled or nom inated for review, and any hazardous air pollutant identified and listed for which health effects information is limited.

TT. Vehicle : A vehicle is a device by which any pe rson or property may be propelled, moved, or drawn upon a highway, excepting a de vice moved exclusively by human power.

UU. Volatile Organic Compounds (VOC) : Any compound containing at least one atom of carbon except for exempt compounds as defined in this rule.

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## APPENDIX B

AMENDED RULE 102 DEFINITIONS

STRIKEOUT UNDERLINE102 Staff Report – Strikeout Underlin e Appendix B

EKAPCD B- 2 Final 1/13/2011 RULE 102 Definitions - Adopted 4/18/72, Amended 1972-75, 8/31/76, 3/7/96, 7/1/99,

3/11/2010 , 1/13/2011

Except as otherwise specifically provided in th ese Rules and except where the context otherwise indicates, words used in these Rules are used in exactly the sa me sense as the same words are used in Division 26, of the California Health and Safety Code.

A. Affected Pollutants : Any air contaminant and precurso r to such contam inant regulated

under the Clean Air Act which include: volatil e organic compounds, nitr ogen oxides, sulfur oxides, Particles with aerodynamic diamet er of 10 micrometers or less (PM 10 ), carbon monoxide, ethylene, lead, asbestos, beryllium, mercury, vinyl chloride, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulf ur, and reduced sulfur compounds, and those pollutants which the U.S. Environmental Protection Agency (EPA), California Air Resources Board (ARB), or Distri ct, after due process, has dete rmined to have a significant adverse effect on the environment, public health, or public welfare excluding GHGs as

defined in this rule

.

B. Agricultural Facility: Any operation occurring on a ranch or farm di rectly related to the growing of crops or raising animals on that ranch or farm, for the primary purpose of making a profit or for livelihood.

B. C. Air Contaminants : Any discharge, release or othe r propagation into the atmosphere directly or indirectly, caused by man and including, but not limited to, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fu mes, gases, odors, or particulate matter, or any combination thereof , excluding GHGs as defined in this rule.

C. D. Alteration : Any addition to, enlargement of, replacement of, or any modification or change of the design, capacity, process, or arrangement, or any increa se in the connected loading of, equipment or control apparatus, whic h may affect the type or amount of air

contaminants emitted.

D. E. Ambient Air Quality Standards : State and National Ambient Air Quality Standards. (For inclusion of this Rule in the State Implementa tion Plan, all references to ambient air quality standards shall be implemented as National Ambient Air Quality Standards.)

E. F. Atmosphere : The air that envelops or surrounds the earth. Air pollutants emitted into a building, not designed specifically as a piece of air pollution control equipment, shall be considered an emission into the atmosphere.

F. G. Board : The Air Pollution Control Board of the Eastern Kern County Air Pollution Control

District.

H. Carbon Dioxide Equivalent, CO 2 Equivalent, or CO 2 e: A measure for comparing carbon dioxide with other GHGs, based on the quant ity of those gases multiplied by the appropriate global warming potential (GWP) fact or as stated in 40 CFR Part 98 Subpart A Table A-1 (Global Warming Potentials).

I. Confined Animal Facility (CAF): Facil ity where animals are corralled, penned, or

otherwise caused to remain in restricted areas for commercial purposes and primarily fed by means other than grazing.102 Staff Report – Strikeout Underlin e Appendix B

EKAPCD B- 3 Final 1/13/2011 G. J. Combustible Refuse : Any solid or liquid combustible wa ste material cont aining carbon in

a free or combined state.

H. K. Combustion Contaminants : Particulate matter discharged into the atmosphere from the burning of any kind of material containi ng carbon in a free or combined state.

I. L. Control Officer : The Air Pollution Control Officer of the Eastern Kern County Air

Pollution Control District.

J. M. District : The Eastern Kern County Air Pollution Control District.

K. N. Dusts : Minute, solid particles released into th e air by natural forces or by mechanical processes such as crushing, grinding, m illing, drilling, demolishing, shoveling, conveying, covering, bagging, sweeping, or other similar processes.

O. Eastern Kern County Air Pollution Control Dist rict: That portion of Kern County which

lies east of the line described as follows:

 Beginning at the Kern-Los Angeles Count y boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the township line co mmon to T.9.N and T.10.N, San Bernardino Base and Meridian (SBB&M);

 then west along the township line to th e range line common to T.10.N, R.16.W and T.9.N, R.17.W, SBB&M;

 then north along the range line common to R.16.W and R.17.W to the point of

intersection with the Rancho El Tejon Land Grant boundary;

 then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S.3, T.11.N, R.17.W, SBB&M;

 then west 1.2 miles;

 then north to the Rancho El Tejon Land Grant boundary;

 then northwest along the Rancho El Tejon lin e to the southeast corner of S.34, T.32.S, R.30.E, Mount Diablo Base and Meridian (MDB&M);

 then north to the northwest co rner of S.35, T.31.S, R.30.E, MDB&M;

 then northeast along the boundary of the Ranc ho El Tejon Land Grant to the southwest corner of S.18, T.31.S, R.31.E, MDB&M;

 then east to the southeast corn er of S.13, T.31.S, R.31.E, MDB&M;

 then north along the range line common to R .31.E, and R.32.E, to the northwest corner of S.6, T.29.S, R.32.E, MDB&M;

 then east to the southwest corn er of S.31, T.28.S, R.32.E, MDB&M;

 then north along the range line common to R .31.E and R.32.E, the northwest corner of S.6, T.28.S, R.32.E, MDB&M;

 then west to the southeast co rner of S.36, T.27.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E,to the Kern - Tulare County boundary.

P. Emission : The act of passing into the atmosphere an air contaminant or gas stream which contains an air contaminant, or the air contaminant so passed into the atmosphere.

Q. Emission Point : The place at which an emission enters the atmosphere.102 Staff Report – Strikeout Underlin e Appendix B

EKAPCD B- 4 Final 1/13/2011 R. Exempt Compounds :

1. The following compounds are excluded from the definition of Volatile Organic Compounds (VOC) because they have been determined to have negligible photochemical reactivity:

Acetone, Methane, Carbon monoxide, Carbon dioxide, Carbonic acid, Ethane, Metallic carbides or carbonates, Ammonium carbonates, Methylene chloride (dichloromethane), Methyl chloroform ( 1,1,1-trichloroethane ) (Methyl chloroform)

, CFC

- 113 ( 1,1,2-trichloro-1,2,2-trifluoroethane ) (CFC-113)

, CFC

- 11 ( trichlorofluoromethane ) (CFC-11)

, CFC

- 114 ( 1,2-dichloro 1,1.2,2-te trafluoroethane ) (CFC-114)

, CFC

- 115 ( chloropentafluoroethane ) (CFC-115)

, HCFC

- 12 ( dichlorodifluoromethane ) (HCFC-12)

, HCFC

- 123 ( 1,1,1-trifluoro 2,2-dichloroethane ) (HCFC-123)

, HCFC

- 124 ( 2-chloro 1,1,1,2-te trafluoroethane ) (HCFC-124)

, HCFC

- 141b ( 1,1-dichloro 1-fluoroethane ) (HCFC-141b)

, HCFC

- 142b ( 1-chloro 1,1-difluoroethane ) (HCFC-142b)

, H CFC

- 22 ( chlorodifluoromethane ) (HCFC-22)

, HFC

- 23 ( trifluoromethane ) (HFC-23)

, HFC

- 125 ( pentafluoroethane ) (HFC-125)

, HFC

- 134 ( 1,1,2,2-tetrafluoroethane ) (HFC-134)

, HFC

- 134a ( 1,1,1,2-tetrafluoroethane ) (HFC-134a)

, HFC

- 143a ( 1,1,1-trifluoroethane ) (HFC-143a)

, HFC

- 152a ( 1,1-difluoroethane ) (HFC-152a)

, PCBTF ( parachlorobenzotrifluoride ) (PCBTF), Cyclic, branched, or linear comple tely methylated siloxanes (VMS) perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluor opropane (HCFC-225ca) 1,3-dichloro-1,1,2,2,3-pentafluor opropane (HCFC-225cb) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) Difluoromethane (HFC-32) Ethylfluoride (HFC-161) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 1,1,2,2,3-pentafluoropropane (HFC-245ca) 1,1,2,3,3-pentafluoropropane (HFC-245ea) 1,1,1,2,3-pentafluoropropane (HFC-245eb) 1,1,1,3,3-pentafluoropropane (HFC-245fa) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 1,1,1,3,3-pentafluorobutane (HFC-365mfc) Chlorofluoromethane (HCFC-31) 1-chloro-1-fluoroethane (HCFC-151a) 1,2-dichloro-1,1,2-trifluor oethane (HCFC-123a)102 Staff Report – Strikeout Underlin e Appendix B

EKAPCD B- 5 Final 1/13/2011 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptaf luoropropane ((CF3)2CFCF2OCH3) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptaflu oropropane ((CF3)2CFCF2OC2H5) Methyl Acetate 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluor omethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) Methyl Formate (HCOOCH3) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluor omethyl-pentane (HFE-7300) Dimethyl Carbonate Propylene Carbonate

Perfluorocarbon compounds whic h fall into these classes:

i. Cyclic, branched, or linear, completely fluorinated alkanes,

ii. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations,

iii. Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and

iv. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine

Perfluorocarbon and methylated siloxane co mpounds shall be assumed to be absent from a product or process unless a manufact urer or facility operator identifies the specific individual compounds (from the broad classes of perfluorocarbon and methylated siloxane compounds) and the amount s present in the product or process and

identifies a validated test method which can be used to quantify the specific compounds.

2. For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved State im plementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, th ese negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the enforcement authority.

3. The following compound is a VOC for pur poses of all recordkeeping, emissions reporting, photochemical disp ersion modeling and inventor y requirements which apply to VOC and shall be uniquely identified in emission reports, but is not a VOC for purposes of VOC emissions limitations or VOC content requirements: Tertiary Butyl Acetate (t-butyl acet ate) informally known as TBAC or TBAc.

O. S. Flue : Any duct or passage for air, gases, or the like, such as a stack or chimney.

T. Fugitive Dust: Any solid particulate matter that becomes airborne, other than that emitted from an exhaust stack, directly or indi rectly as a result of human activities.

U. Fumes : Minute, solid particles generated by cond ensation of vapors from solid matter after volatilization from a molten state, or generated by sublimatio n, distillation, calcination, or chemical reaction, when these pro cesses create air-borne particles.102 Staff Report – Strikeout Underlin e Appendix B

EKAPCD B- 6 Final 1/13/2011 V. Gasoline: Any organic liquid, including petrol eum distillates and al cohols with a true vapor pressure greater than 1.5 psia, which is commonly or co mmercially known or sold as gasoline.

W. Greenhouse Gas, Greenhouse Gases, or GHG(s): Carbon Dioxide (CO 2 ), Methane (CH 4 ), Nitrous Oxide (N 2 O), Sulfur Hexafluoride (SF 6 ), Hydrofluorocarbons (HFCs), and Perfluorocarbons (PFCs).

X. Global Warming Potential or GWP: The capacity to heat the atmosphere, calculated as the ratio of the time-integrated ra diative forcing from the instan taneous release of 1 kilogram (kg) of a substance relative to that of 1 kg of CO 2 . GWP shall be calculated according to the factors for a 100-year time horizon, as stat ed in 40 CFR Part 98 Subpart A Table A-1 (Global Warming Potentials).

Q. Y. Hearing Board : The Hearing Board of the Eastern Kern County Air Pollution Control

District.

R. Z. Installation : Placement, assemblage or construction of equipment or control apparatus at the premises where the equipment or cont rol apparatus will be used, including all preparatory work at such premises.

S. AA. Institutional Facility : Any hospital, boarding home, school, corporation yard, or like facility.

T. BB. Kern County Air Pollu tion Control District : As of May 13, 2010 any District Rule that is applicable or makes reference to Kern C ounty Air Pollution Control District (KCAPCD)

shall mean Eastern Kern Air Pollu tion Control District (EKAPCD). That portion of Kern County which lies eas t of the line described as follows:

 Beginning at the Kern

- Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the township line co mmon to T.9.N and T.10.N, San Bernardino Base and Meridian (SBB&M);

 then west along the township lin e to the range line common to T.10.N, R.16.W and T.9.N, R.17.W, SBB&M;

 then north along the range line common to R.16.W and R.17.W to the point of intersection

with the Rancho El Te jon Land Grant boundary;

 then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S.3, T.11.N, R.17.W, SBB&M;

 then west 1.2 miles;

 then north to the Rancho El Tejon Land Grant boundary;

 then n orthwest along the Rancho El Tejon line to the southeast corner of S.34, T.32.S, R.30.E, Mount Diablo Base and Meridian (MDB&M);

 then north to the northwest co rner of S.35, T.31.S, R.30.E, MDB&M;

 then northeast along the boundary of the Rancho El Tejon Lan d Grant to the southwest corner of S.18, T.31.S, R.31.E, MDB&M;

 then east to the southeast corn er of S.13, T.31.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E, to the northwest corner of S.6, T.29.S, R.32.E, MDB&M;

 then east to the southwest corner of S.31, T.28.S, R.32.E, MDB&M;102 Staff Report – Strikeout Underlin e Appendix B

EKAPCD B- 7 Final 1/13/2011  then north along the range line common to R .31.E and R.32.E, the northwest corner of S.6, T.28.S, R.32.E, MDB&M;

 then west to the southeast co rner of S.36, T.27.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E,to the Kern

- Tulare County boundary.

U. CC. Loading Rack : Any aggregate or combination of organic liquid loading equipment from the connection at the inlet of the organi c liquid pump to and including the hose and connector at the portable delivery tank.

DD. Motor Vehicle: A motor vehicle is a “vehicle” (defined in this rule) that is self-propelled; and does not include self-propelled wheelch airs, motorized tricycles, or motorized quadricycles, if operated by a person who, by r eason of physical disability, is otherwise unable to move about as a pedestrian.

V. EE. Multiple-Chamber Incinerator : Any article, machine, equi pment, contrivance, structure or any part of a structure used to dispose of combustible refuse by burning, consisting of three or more refractory-lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum co mbustion of the materi al to be burned. Refractories shall have a Pyrometric Cone equi valent of at least 17, tested according to the American Society for Testing Materials, Method C-24.

W. FF. Open Outdoor Fire : Combustion of any combustible refu se or other material of any type outdoors in the open air, and not in any enclos ure where the products of combustion are not directed through a flue.

X. GG. Operation : Any physical action resulting in a cha nge in the location, form, or physical properties of a material, or any chemical act ion resulting in a change in the chemical composition or the chemical or phys ical properties of a material.

Y. HH. Owner : Including but is not limited to, any pers on who leases, supervises or operates equipment, in addition to the normal meaning of ownership.

Z. II. Particulate Matter : Any material, except uncombined wa ter, which exists in a finelydivided form as a liquid or solid at standard conditions.

AA. JJ. Person : Any person, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local governmental agency or public district or any officer or employee thereof.

BB. KK. PPM : Parts per million by volume expressed on a gas basis.

CC. LL. Process Weight Per Hour : The total weight of all materials introduced into any specific source operation, which operation may cause any emission into the atmosphere. Solid fuels charged shall be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. "T he Process Weight Per Hour" will be derived by dividing the total process weight by the num ber of hours in one cycle of operation from102 Staff Report – Strikeout Underlin e Appendix B

EKAPCD B- 8 Final 1/13/2011 the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle.

DD. MM. Regulation : One of the major subdivi sions of the Rules of the Eastern Kern County Air Pollution Control District.

EE. NN. Residential Rubbish : Refuse originating from residential uses including wood, paper, cloth, cardboard, tree trimmings, l eaves, lawn clippings, and dry plants.

FF. OO. Rule : A rule of the Eastern Kern County Air Pollution Control District.

GG. PP. Section : A section of the California Health and Safety Code, unless some other statute is specifically mentioned.

HH. QQ. Source Operation : The last operation preceding the emission of an air contaminant, which operation: a) results in th e separation of the air contaminant from the process materials or in the conversion of the pr ocess materials into air contaminants, as in the case of combustion of fuels; and b) is not an air pollution abatement operation.

II. RR. Standard Conditions : A gas temperature of 68° Fahrenhe it (20° Celsius) and an absolute pressure of 14.7 pounds per square inch (760- millimeters of mercury). Results of all analyses and tests shall be calculated or re ported at this gas temp erature and pressure.

SS. Toxic Air Contaminant (TAC): Any air pollu tant which may cause or contribute to an increase in mortality or in serious illness, or may pose a present or pote ntial hazard to human health. Any substance listed as a hazar dous air pollutant pursuan t to subsection (b) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412(b)), any substance on the candidate list of potential toxic air contaminants or list of designated toxic air contaminants prepared by the California Air Resources Boar d pursuant to Article 3 (commencing with Section 39660) of Chapter 3.5 of Part 2, in cluding, but not limited to, all substances currently under review and scheduled or nom inated for review, and any hazardous air pollutant identified and listed for whic h health effects information is limited.

TT. Vehicle: A vehicle is a device by which a ny person or property may be propelled, moved, or drawn upon a highway, excepting a de vice moved exclusively by human power.

JJ. UU. Volatile Organic Compounds (VOC) : Any compound containing at least one atom of carbon except for exempt compounds listed in section N of as defined in this rule.

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## APPENDIX C:

AMENDED RULE 102 DEFINITIONS

RESPONSE TO COMMENTS102 Staff Report - Response to Comment s Appendix C

EKAPCD C- 1 Final 1/13/2011 On September 7, 2010 the District submitted a copy of the September 3, 2010 Staff Report for the proposed revision of Rule 102, Definitions to the Air Resources Board (ARB) and the Region IX office of the U. S. Environmental Pr otection Agency (EPA) for an initial 30-day review.

ARB and EPA offered comments and suggest ed changes to District staff regarding the 9/3/2010 proposed revision of Rule 102. The District released an updated Rule 102 Staff Report on October 4, 2010 that reflected changes based on ARB and EPA comments. A public workshop was held on October 14, 2010 that presented the proposed revision of Rule 102.

I. ARB & EPA COMMENTS

The following changes were made to Rule 102 in response to ARB and EPA

comments.

Revised Definitions

The 9/3/2010 proposed revision of Rule 102 included the following definition for
Green House Gas: Carbon Dioxide (CO2), Methane (C H4), Nitrous Oxide (N2O), Sulfur Hexafluoride (SF6), Hydrofluorocarbons (HFCs) , Perfluorocarbons (PFCs), and any substance which the U.S. En vironmental Protection Agency (EPA), California Air Resources Board (ARB), or District, after due process, determines to significantly contribute to global climate change.

The EPA advised in not leaving the GHG def inition open ended because, “for Title V and PSD purposes, GHG's are limited to the 6 pollutants”. In response the District
shortened the definition to only include the 6 pollutants. The proposed definition for
Green House Gas is as follows: Carbon Dioxide (CO2), Me thane (CH4), Nitrous Oxide (N2O), Sulfur He xafluoride (SF6), Hydrofluorocarbons (HFCs), and Perfluorocarbons (PFCs).

The EPA advised District to verify that the Exempt Compounds list is current with 40 CFR 51.100(s). In response t he District added perchloroethylene (tetrachloroethylene) to Section R, Exempt Compounds.

The EPA suggested that in order to prevent any cross references, specific Section references should be replaced with the term “as defined in this rule”. In response “listed in section N of this rule” in definition UU, Volatile Organic Compounds (VOC) has been changed to “as defined in this rule”.

Added Definitions

The District added an Agricultural Sources exemption to Rule 202, Permit Exemptions as suggested by the ARB. Definitions for Agricultural Facility and Confined Animal Facility (CAF) were added to Rule 102 to accommodate the102 Staff Report - Response to Comment s Appendix C

EKAPCD C- 2 Final 1/13/2011 Agricultural Sources exemption in Rule 202. Complete definitions Agricultural Facility

and Confined Animal Facility (CAF) are located in Appe ndix A and Appendix B of this staff report.

EPA suggested District add definitions for Carbon Dioxide Equivalent, CO2 Equivalent, or CO2e and Global Warming Potential or GWP to Rule 102 because District will be developing and adopting rules in the near future that regulate GHGs. Complete definitions for Carbon Dioxide Equivalent, CO2 Equivalent, or CO2e and Global Warming Potential or GWP are located in Appendix A and Appendix B of this staff report.

II. INDUSTRY COMMENTS

There were no comments made by industry.

III. PUBLIC COMMENTS

There were no comments made by the general public.

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