SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis October 8, 2009



### APPENDIX E

RULE CONSISTENCY ANALYSIS FOR

REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILERS)

October 8, 2009

E-1 Final Staff Report with Appendices For Revised Proposed Amendments to Rule 4692SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis October 8, 2009



### APPENDIX E Rule Consistency Analysis

Pursuant to Section 40727.2 of the California Health and Safe ty 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 el ements of existing or pr oposed San Joaquin Valley Air Pollution Control District ( District) and United St ates Environmental Protection Agency (EPA) rules, regulations, and guidelines that apply to the same source category. The rule elements analyzed are emission limits or control efficiency, operating parameters and work practices, monitoring and te sting, and recordkeeping and reporting requirements.

I. DISTRICT RULES

Charbroilers could be subject to other District rules including:

• Rule 2010 (Permits Required),

• Rule 2201 (New and Modified Stat ionary Source Review Rule),

• Rule 4101 (Visible Emissions),

• Rule 4102 (Nuisance),

• Rule 4201 (Particulate Matter Concentration),

• Rule 4202 (Particulate Matter Emission Rate), and

• Rule 4301 (Fuel Burning Equipment).

The above-listed rules are not in conflict nor are they inconsistent with the requirements of Revised Proposed Rule 4692.

II. FEDERAL RULES, REGULA TIONS, AND GUIDELINES

A. Federal Control Techniques Guideline (CTG)

Beginning in 1975, EPA staff has issued more than 45 CTGs covering a variety of VOC

sources. None of the CTGs co ver chain-driven charbroilers.

B. Federal New Source Performance Standards (NSPS)

The federal NSPS regulations are found in the Code of Federal Regulations Title 40 Part 60 (40 CFR 60). None of the NSPSs apply to chain-driven charbroilers.

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Appendix E: Rule Consistency Analysis October 8, 2009

C. National Emission Standards for Haza rdous Air Pollutants (NESHAPs) and

Maximum Achievable Perfo rmance Standards (MACTs)

There are no NESHAPs (40 CFR 61) or MACT standards (40 CFR 63) that apply to

charbroilers.

D. Federal Lowest Achievable Emission Rate (LAER) and Federal Best Available Control Technology (BACT)

EPA staff maintains a database of reasonably available control technology (RACT), BACT, and LAER technologies that have been provided to EPA by state and local permitting agencies. A review of the RACT/BACT/LAER Clearinghouse (RBLC)

determined that the th ere are no charbroilers in the dat abase, therefore, there is no standard to apply to this source category.

E. EPA Policies and Guidelines

District staff reviewed policies and guidelines with respect to monitoring, testing, recordkeeping, and reporting for charbroilers.

1. Monitoring and Testing Requirements

There are no EPA monitoring or testing policies or guidelines that apply to this source category.

2. Recordkeeping and Reporting

Title V (federal) permits and MACT standards require five-year record maintenance. The proposed recordkeeping for District Rule 4692 requires that operators maintain records for at least five years. Revised Proposed Rule 4692 therefor e is consistent with EPA recordkeeping policy.

III. RULE CONSISTNECY ANALYSIS CONCLUSION

Based on the above analysis, District staff concludes that Revised Proposed Rule 4692

is consistent with other Distric t rules and is not in conflict wit h said rules. Further, the proposed rule is consistent with EPA rules, regulations, and guidelines that apply to the same source category.

E-3 Final Staff Report with Appendices For Revised Proposed Amendments to Rule 4692SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis October 8, 2009

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E-4 Final Staff Report with Appendices For Revised Proposed Amendments to Rule 4692