## APPENDIX E

Rule Consistency Analysis for Amendments to Rule 4308 (Boilers, Steam Generators, and Process H eaters -

0.075 MMBtu/hr to less than 2.0 MMBtu/hr)

December 17, 2009SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DI STRICT

Appendix E: Rule Consistency Analysis December 17 , 2009

E-2
Final Staff Report with Appendices

For Amendments to Rule 4308 This page intentionally blank.SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DI STRICT

Appendix E: Rule Consistency Analysis December 17 , 2009

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Final Staff Report with Appendices

For Amendments to Rule 4308 

### APPENDIX E Rule Consistency Analysis Rule 4308 (Boilers, Steam Generators and Process He aters – 0.075

MMBtu/hr to less than 2.0 MMBtu/hr)

I. REQUIREMENTS OF ANALYSIS

Pursuant to Section 40727.2 of the California Healt h and Safety Code, prior to adopting, amending, or repealing a rule or regulation, the Di strict is required to perform a written analysis of Draft Amendments to Rule 4308 that id entifies and compares the air pollution control elements of the rule or regulatio n with corresponding elements of existing or proposed District and United States Env ironmental Protection Agency (EPA) rules, regulations, and guidelines that apply to th e same source category. The elements that were analyzed are emission standards, monitoring and testing, and recordkeeping and reporting requirements.

II. RULE CONSISTENCY ANALYSIS

A. District Rules

There is no other District prohibitory rule or regu lation tailored specifically for

commercial water heaters for sizes 0.075 MMBtu/hr t o less than 2.0 MMBtu/hr as a source of NOx or other precursors. Sources could be subject to other District rules including:

 Rule 1020 Definitions

 Rule 1081 Source Sampling

 Rule 1070 Inspections

 Rule 1140 Applicability of Emissions limits

 Rule 6150 Enforcement

The requirements of these rules listed above are no t in conflict with, nor are they inconsistent with the requirements of Draft Rule 43 08.

B. Federal EPA Rules and Regulations

1. Federal Control Techniques Guideline (CTG)

There is no EPA CTG for boilers, steam generators, water heaters or process heaters

for sizes 0.075 MMBtu/hr to less than 2.0 MMBtu/hr.SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DI STRICT

Appendix E: Rule Consistency Analysis December 17 , 2009

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Final Staff Report with Appendices

For Amendments to Rule 4308 2. Alternative Control Technology (ACT)

Three Alternative Control Techologies could apply t o this rule. EPA-453/R-93-034

discusses the NOx Emissions from Process Heaters. E PA-453/R-94-022 covers the NOx Emissions from ICI Boilers, and EPA-453/R-94-02 3 discusses the NOx Emissions from Utility Boilers.

3. Federal New Source Performance Standards (NSPS)

There is no NESHAP or MACT for boilers, steam gener ators, water heaters or process

heaters for sizes 0.075 MMBtu/hr to less than 2.0 M MBtu/hr.

4. National Emission Standards for Hazardous Air Po llutants (NESHAPs) and Maximum Achievable Performance Standards (MACTs)

There is no NESHAP or MACT for boilers, steam gener ators, water heaters or process

heaters for sizes 0.075 MMBtu/hr to less than 2.0 M MBtu/hr.

5. EPA Policy on Recordkeeping

The recordkeeping requirement in Rule 4308 is consi stent with EPA’s policy to keep and maintain records for at least five years.

III. CONCLUSION

Based on the above analysis, District staff conclud es that Draft Rule 4308 is consistent with corresponding elements of existing or proposed District and United States Environmental Protection Agency (EPA) rules, regula tions, and guidelines that apply to boilers, steam generators, water heaters or process heaters operations for sizes 0.075

MMBtu/hr to less than 2.0 MMBtu/hr in terms of emis sion limits and equipment

standards.