Attachment 2

Ventura County Air Pollution Control District

Public Hearing - April 13, 2004

Proposed amendments to Rules 2, 5, 50, 51, 52, 53, 68, and 102, and

Proposed repeal of Rules 42.K, 45.1, 55, 60, 62.3, 62.4, 62.5, and 100.

Rule 2, Definitions: Rule 2 is intended to define terms that are used in multiple rules. Staff is

proposing to clean up Rule 2 by deleting unnecessary terms.

The following definitions are proposed to be removed from Rule 2 because they are no longer

used in any of the District's rules: Air Pollution Abatement Operation and Photochemically

Reactive Solvent.

The term Acceptable Incinerator is used only in Rule 23. However, the provisions of Rule 57,

Combustion Contaminants – Specific, better define what an acceptable incinerator would be. An

incinerator meeting the definition in Rule 2 might not be able to meet Rule 57. The definition is

proposed to be deleted.

The term Existing Equipment is proposed to be deleted from Rule 2 and redefined in Rule 5

where it is used.

The term Loading Facility is proposed to be deleted from Rule 2. The term is used in Rule 71.3.

Definitions for Rule 71.3 are contained in Rule 71, which already contains a definition of

Loading Facility.

The terms Major Source and Modified Emissions Unit are proposed to be deleted from Rule 2.

The terms are adequately defined in all of the rules in which they are used.

The term Noxious Mist is used in the current version of Rule 50. Staff is proposing to revise

Rule 50 in a manner that will no longer use the term.

The term Non-Mobile Equipment is used in the current version of Rule 60. Because staff is

proposing to repeal Rule 60, the term will no longer be used.

The terms Process Weight and Solid Particulate Matter are used only in Rule 53. One of the

proposed revisions to Rule 53 is to include definitions of these terms. Therefore, these terms can

be deleted from Rule 2. The term Batch Operation is used in the current definition of Process

Weight. Because the proposed new definition of Process Weight does not use the term Batch

Operation, it is proposed to be deleted.

The term Particulate Matter is used in multiple rules. Staff is proposing to revise the definition

in Rule 2 so it is consistent with the definitions proposed to be added to Rules 52 and 53. The
Rulebook Cleanup – Attachment 2

Public Hearing Date - April 13, 2004

Page 2

Attachment 2

revised definition of Particulate Matter no longer includes the word Dust. Therefore the

definition of Dust is proposed to be deleted from Rule 2.

A temperature of 70 degrees Fahrenheit is specified in the term Standard Conditions. Staff is

proposing to change the standard to 68 degrees Fahrenheit for consistency with U.S.

Environmental Protection Agency (EPA) and California Air Resources Board (ARB)

regulations.

Rule 5, Effective Date: Staff proposes to add a definition for the term Existing Equipment.

Rule 42.K California Clean Air Act Fee: The California Air Resources Board (ARB) is in the

final stages of amending the California Clean Air Act Nonvehicular Source Fee regulation. One

of ARB's amendments will allow the state to collect this fee directly, rather than relying on the

District. Currently, Rule 42.K authorizes and requires the District to collect the fee on behalf of

the ARB, and charge each affected source an administrative fee based on five hours of staff time.

Staff proposes the repeal Section K of Rule 42.

Rule 45.1, ECO Plan Fees is obsolete and is proposed to be repealed.

Rule 50, Opacity: Current federal, state, and local practice is to include the appropriate

definitions, exemptions, and test methods in each rule so it can stand alone.

Staff is proposing specify EPA Method 9, Visual Determination of the Opacity of Emissions

From Stationary Sources, for determining compliance with the rule. By specifying Method 9,

Notes 1-3 in Section A may be deleted.

Additionally, state law prohibits air districts from applying the rule to certain sources, including

pile drivers, open fires, dust from agricultural operations, abrasive blasting operations, and

others. Some of these exemptions are currently listed in Rule 55. Staff is proposing to add

exemptions to Rule 50 to reference these state limitations on local authority.

Staff made additional minor revisions to Rule 50 after the Advisory Committee reviewed and

recommended adoption of proposed revisions. These additional revisions were made in response

to comments staff received from the EPA and are shown in Rule 50 with double underlines and

strikeouts. Revised subsection C.3 does not exempt combustion equipment used in agricultural

operations because the term "dust" does not apply to combustion contaminants.

Rule 51, Nuisance: Agricultural odors must be exempted from Rule 51 pursuant to state law.

This exemption is currently in Rule 55. Staff is proposing to move the exemption for agriculture

odors to Rule 51.

Rule 52, Particulate Matter – Concentration: Rule 52 sets limits on the concentration of

particulate matter that may be emitted from any source. The only exemptions currently listed in
Rulebook Cleanup – Attachment 2

Public Hearing Date - April 13, 2004

Page 3

Attachment 2

the rule are for gas turbines and steam generators that burn liquid or gaseous fuels. Staff is

proposing to specify that "boilers, steam generators, water heaters, process heaters, space

heaters, gas turbines, internal combustion engines, and flares that combust liquid or gaseous

fuels or waste gases and emit only combustion products" are all exempt from Rule 52.

Regulation of particulate matter from these devices is not necessary because EPA emission

factors (AP-42) for boilers, process heaters, natural gas internal combustion engines, and diesel

engines fueled with either natural gas or fuel oil are lower than the emission limits imposed by

Rule 52.

Abrasive blasting and open fires regulated by Rules 74.1 and 56, respectively, are also proposed

to be exempted. These exemptions reflect the District's historical application of Rule 52.

Appropriate test methods and definitions are also added.

Rule 53, Particulate Matter - Process Weight: Rule 53 sets emission limits on the amount of

solid particulate matter that may be released from any source based on throughput (i.e., process

weight). The definition of "Process Weight" implies that combustion contaminants from gaseous

fuels were not intended to be covered by Rule 53. Test methods, exemptions, and definitions are

added in a similar manner as Rule 52. Additionally, a typographical error in column 2 of the

table on page one is corrected.

Rule 55, Exemptions from Emission Standards is proposed to be repealed. The exemptions

specified in Rule 55 from Rules 50 and 51 are proposed to be listed in those rules. The

exemption in Section C.3 for "Short duration, infrequently operated sources engaged in

experimental or research operations not exceeding an aggregate of two hours per month" has

never been claimed. Staff believes the exemption is not necessary and is not proposing to retain

it.

Rule 60, New Non-Mobile Equipment - Sulfur Dioxide, Nitrogen Oxides, and Particulate Matter

is obsolete and is proposed for repeal. Rule 60 prohibits construction of any device that would

emit more than 200 pounds per hour (pph) of sulfur oxides, 140 pph of oxides of nitrogen, or 10

pph of particulate matter from the burning of a fuel. These emission rates are equal to 800 tons

per year (tpy) sulfur oxides, 560 tpy oxides of nitrogen, and 40 tpy of particulate matter

(assuming 8000 hours of operation per year). These would be very large sources. The rule has

not been triggered in staff's memory. These emission rates exceed the current balances for these

pollutants in the District emission reduction credit bank. Obtaining offsets of this magnitude

would be very difficult, if not impossible. Rule 26, New Source Review, has effectively

replaced Rule 60. Rule 26 requires all new sources to control air pollutants using Best Available

Control Technology (BACT) and requires all new emissions to be offset.

Rule 62.3, Hexavalent Chromium – Cooling Towers; Rule 62.4, Asbestos – Serpentine Rock for

Surfacing; and Rule 62.5, Dioxins – Medical Waste Incinerators are proposed to be repealed.

The Ventura County APCD Board adopted the rules in 1990 and 1991. Rule 62.3 implements

the California Airborne Toxic Control Measure (ATCM) for the control of hexavalent chromium
Rulebook Cleanup – Attachment 2

Public Hearing Date - April 13, 2004

Page 4

Attachment 2

from cooling towers. Rule 62.4 implements a previous version of the ATCM for the control of

asbestos emissions from unpaved roads surfaced with serpentine rock. Rule 62.4 is no longer

current because CARB modified the ATCM on July 20, 2000. Rule 62.5 implements the

ATCM for the control of dioxin emissions from medical waste incinerators. California Health

and Safety Code (H&SC) Section 39666(d), as it existed in 1990 and 1991, required air districts

to adopt rules to implement state ATCMs. Since that time, H&SC Section 39666(d) has been

revised to allow air districts to implement ATCMs directly, without adopting local

implementation rules. Therefore, it is not necessary to maintain current versions of these locally

adopted rules in the Ventura County APCD rulebook.

Rule 68, Carbon Monoxide: Rule 68 limits CO emissions from any source to 2,000 parts per

million (ppm). The current rule exempts "emissions from internal combustion engines, jet

engine or rocket engine test stands, or rocket propellant or rocket fuel testing devices." Staff is

proposing to specify that boilers, steam generators, water heaters, process heaters, space heaters,

internal combustion engines, gas turbines, jet engine test stands, rocket engine test stands, flares,

and open outdoor fires are exempt from Rule 68. Boilers, steam generators, water heaters, and

process heaters larger than 400,000 Btu/hr are subject to more stringent CO limits pursuant to

Rules 74.11.1, 74.15, 74.15.1 and 59. Because Rule 68 was not intended to apply to smaller

units such as residential water heaters and space heaters, they are also proposed to be exempted.

EPA emission factors show that CO emissions from gas turbines and flares are less than 2000

ppm. Non-exempt sources subject to Rule 68 include drum-mix driers and aggregate driers at

asphalt batch plants, incinerators, kilns, and smelters. Appropriate test methods and definitions

are also added.

Rule 100, Analytical Methods is obsolete and is proposed for repeal. Appropriate test methods

are now specified in each applicable rule that sets an emission limit. The proposed repeal of

Rule 100 includes repeal and elimination of Appendixes A, B, C, D, and F, which are referenced

in Rule 100.

Rule 102, Source Tests: Minor corrections are proposed regarding the schedule for source

testing and reporting. The rule is also revised to state that appropriate test methods are specified

in the applicable rules that set the emission limits.