APPENDIX E 

Rule Consistency Analysis for Amendments to 

Rule 4308 (Boilers, Steam Generators, and Process Heaters - 

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

December 17, 2009 
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Appendix E: Rule Consistency Analysis December 17, 2009 

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Appendix E: Rule Consistency Analysis December 17, 2009 

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Final Staff Report with Appendices 

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APPENDIX E 

Rule Consistency Analysis 

Rule 4308 (Boilers, Steam Generators and Process Heaters – 0.075 

MMBtu/hr to less than 2.0 MMBtu/hr) 

I. REQUIREMENTS OF 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 of Draft Amendments to Rule 4308 that identifies and compares the air 

pollution control elements of the rule or regulation with corresponding elements of 

existing or proposed District and United States Environmental Protection Agency (EPA) 

rules, regulations, and guidelines that apply to the 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 regulation tailored specifically for 

commercial water heaters for sizes 0.075 MMBtu/hr to 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 not in conflict with, nor are they 

inconsistent with the requirements of Draft Rule 4308. 

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.
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2. Alternative Control Technology (ACT) 

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

discusses the NOx Emissions from Process Heaters. EPA-453/R-94-022 covers the 

NOx Emissions from ICI Boilers, and EPA-453/R-94-023 discusses the NOx Emissions 

from Utility Boilers. 

3. Federal New Source Performance Standards (NSPS) 

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

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

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

Maximum Achievable Performance Standards (MACTs) 

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

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

5. EPA Policy on Recordkeeping 

The recordkeeping requirement in Rule 4308 is consistent with EPA’s policy to keep 

and maintain records for at least five years. 

III. CONCLUSION 

Based on the above analysis, District staff concludes that Draft Rule 4308 is consistent 

with corresponding elements of existing or proposed District and United States 

Environmental Protection Agency (EPA) rules, regulations, 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 emission limits and equipment 

standards.