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 4692
SAN 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 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 San Joaquin Valley Air 

Pollution Control District (District) and United States 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 testing, 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 Stationary 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, REGULATIONS, 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 cover 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. 

 E-2 Final Staff Report with Appendices 

For Revised Proposed Amendments to Rule 4692
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix E: Rule Consistency Analysis October 8, 2009 

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

Maximum Achievable Performance 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 there are no charbroilers in the database, 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 therefore 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 District rules and is not in conflict with 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 4692
SAN 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