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 re moved 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 Ru le 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 dele ted from Rule 2. The term is used in Rule 71.3. Definitions for Rule 71.3 are contained in Ru le 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. Sta ff is proposing to revise Rule 50 in a manner that will no longer use the term.

The term Non-Mobile Equipment is used in th e current version of Ru le 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 te rms. Therefore, these terms can be deleted from Rule 2. The term Batch Operati on is used in the current definition of Process Weight. Because the proposed ne w 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 ru les. Staff is proposing to revise the definition in Rule 2 so it is consistent with the defini tions proposed to be added to Rules 52 and 53. TheRulebook Cleanup – Attachment 2 Public Hearing Date - April 13, 2004 Page 2

Attachment 2 revised definition of Particulate Matt er no longer includes the word Dust. Therefore the definition of Dust is proposed to be deleted from Rule 2.

A temperature of 70 degrees Fahre nheit is specified in the termStandard Conditions. Staff is proposing to change the standard to 68 degr ees Fahrenheit for consistency with U.S. Environmental Protection Agency (EPA) and California Air Resources Board (ARB) regulations.

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

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Rule 42.K California Clean Air Act Fee: The Ca lifornia 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 th e state to collect this fee dir ectly, rather than relying on the District. Currently, Rule 42.K authorizes and requi res the District to colle ct 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 de termining compliance with the rule. By specifying Method 9, Notes 1-3 in Section A may be deleted.

Additionally, state law prohibits ai r districts from applying the rule to certain sources, including pile drivers, open fires, dust from agricultur al operations, abrasive blasting operations, and others. Some of these exemptions are currentlylisted 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. Thes e 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 exem pt 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 s ource. The only exemptions currently listed inRulebook Cleanup – Attachment 2 Public Hearing Date - April 13, 2004 Page 3

Attachment 2 the rule are for gas turbines and steam generato rs that burn liquid or ga seous fuels. Staff is proposing to specify that "boilers, steam generators, water heaters, process heaters, space heaters, gas turbines, internal combustion e ngines, 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, proce ss heaters, natural gas internalcombustion 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 fr om any source based on throughput (i.e., process weight). The definition of "Process Weight" im plies 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. Additiona lly, a typographical erro r 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 inthose 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 Di oxide, 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 sulf ur oxides, 140 pph of oxides of nitrogen, or 10 pph of particulate matter from the burning of a fu el. 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 emi ssion rates exceed the current balances for these pollutants in the District emi ssion reduction credit bank. Obtain ing 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 pollutant s using Best Available Control Technology (BACT) and require s 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 propo sed 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 (A TCM) for the control of hexavalent chromiumRulebook 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 itexisted in 1990 and 1991, re quired 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 implem ent 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 rocketfuel 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, ro cket 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 su bject 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 he aters and space heaters, they ar e also proposed to be exempted. EPA emission factors show that CO emissions fr om gas turbines and flares are less than 2000 ppm. Non-exempt sources subject to Rule 68 in clude drum-mix driers and aggregate driers at asphalt batch plants, incinerators, kilns, and sm elters. 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 appli cable rule that sets an emissi on limit. The proposed repeal of Rule 100 includes repeal and elim ination of Appendixes A, B, C, D, and F, which are referenced in Rule 100.

Rule 102, Source Tests: Minor corrections ar e proposed regarding the schedule for source testing and reporting. The rule is also revised to state that appropriate te st methods are specified in the applicable rules that set the emission limits.