MINUTES OF THE GOVERNING BOARD 

OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT 

VICTORVILLE, CALIFORNIA 

AGENDA ITEM 10 

DATE: June23, 2014 

RECOMMENDATION: Conduct a public hearing to consider the amendment of Rule 

464 - Oil-Water Separators a. Open public hearing; b. Receive staff report; c. Receive 

public testimony; d. Close public hearing; e. Make a determination that the CEQA 

Categorical Exemption applies; f. Waive reading of Resolution; g. Adopt Resolution 

making appropriate findings, certifying the Notice of Exemption, amending Rule 464 and 

directing staff actions. 

SUMMARY: Rule 464 is proposed for amendment to satisfy 42 U.S.C. §§751la 

(Federal Clean Air Act (FCAA) § 182) which requires that ozone non-attainment areas 

implement Reasonably Available Control Technology (RACT) for sources that are 

subject to Control Technique Guidelines (CTGs) and for major sources of ozone 

precursors. 

CONFLICT OF INTEREST: None 

BACKGROUND: The MDAQMD has the authority pursuant to California Health and 

Safety Code (H&S Code) §40702 to adopt, amend or repeal rules and regulations. The 

MDAQMD is proposing to amend Rule 464- Oil-Water Separators for inclusion in the 

current rulebook. 

The FCAA requires areas designated non-attainment and classified moderate and above 

to implement RACT for sources subject to CTG documents issued by United States 

Environmental Protection Agency (US EPA) for "major sources" of volatile organic 

compounds (VOCs) and oxides of nitrogen (NOx) which are ozone precursors. The 

District adopted the RACT SIP Analysis in August, 2006 and a supplement to the RACT 

SIP Analysis in 2014 which committed to amending current RACT for oil-water 

separators. The MDAQMD has an oil-water separator rule which was approved as 

RACT into the SIP in 1995 (60 FR 49772). This rule is subject to the CTG titled Control 

of Refinery Vacuum Producing Systems, Wastewater Separators and Process Unit 

Turnarounds (EPA-45012-77-025 October, 1977). While this CTG specifically states 

applicability to petroleum refmery sources, the current rule does not specify the refinery 

industry, but applies instead to similar equipment. Although the refinery industry is 

cc: Tracy Walters I, MICHELE BAIRD, CLERK OF THE GOVERNING BOARD OF 

MOJAVE DESEAT AIR QUAliTY MANAGEMENT Df8'I1ICT 

DISTRICT, tERESY CERTlFY THE FOREGOING TO IE A 

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MINUTES OF THE GOVERNING BOARD 

OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT 

VICTORVILLE, CALIFORNIA 

AGENDA ITEM 10 PAGE2 

nonexistent in the MDAQMD, Rule 464 has been incorporated in the SIP with applicability for 

the type of oil-water separators that exist in the District. The MDAQMD is now proposing to 

update Rule 464 - Oil-Water Separators to reflect current RACT. 

The proposed amendments to Rule 464 address the RACT SIP Analysis commitments. The 

proposed amendments update rule applicability, definitions, floating cover seal tolerances, 

control device efficiency, storage of skimmed oil and tar, recordkeeping, and test methods. The 

amendments are based on San Joaquin Valley Unified Air Pollution Control District 

(SJVUAPCD) Rule 4625 - Wastewater Separators as amended December 15,2011 and South 

Coast Air Quality Management District (SCAQMD) Rule 1176 - VOC Emissions from 

Wastewater Systems as amended September 13, 1996. SJVUAPCD Rule 4625 was approved 

into the SIP as RACT at 77 FR 64427, October 22,2012. Therefore, MDAQMD staff 

recommends amending Rule 464 - Oil-Water Separators. 

A Notice ofExemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. §15308) will be 

prepared by the MDAQMD for the amendment of Rule 464 pursuant to the requirements of 

CEQ A. 

REASON FOR RECOMMENDATION: Health & Safety Code §§40702 and 40703 require 

the Governing Board to hold a public hearing before adopting rules and regulations. Also, 42 

U.S.C. §7410(1) (FCAA §110(1)) requires that all SIP revisions be adopted after public notice 

and hearing. 

REVIEW BY OTHERS: This item was reviewed by Karen Nowak, District Counsel as to legal 

form and by Eldon Heaston, Executive Director on or before June 9, 2014. 

FINANCIAL DATA: No increase in appropriation is anticipated. 

PRESENTER: Alan De Salvio, Supervising Air Quality Engineer 
MINUTES OF THE GOVERNING BOARD 

OF THE MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT 

VICTORVILLE, CALIFORNIA 

AGENDA ITEM 10 

ACTION OF THE GOVERNING BOARD 

APPROVED and ADOPTED 

PAGE3 

Upon Motion by JIM COX, Seconded by ROBERT LOVINGOOD, as approved by the 

following roll call vote: 

Ayes: 

Noes: 

Absent: 

Abstain: 

Vacant: 

9 

4 

RIORDAN, LOVINGOOD, CUSACK, HERNANDEZ, BENOIT, 

COX, DECONINCK, SCHMIDT, GRACEY 

RAMOS, CAMARGO, MINTZ, CAMPBELL 

~~THE GOVERNING BOARD 

Dated: JUNE 23, 2014 

Ref: Resolution 14-03, titled, "A RESOLUTION OF THE GOVERNING BOARD OF THE MOJAVE 

DESERT AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE 

NOTICE OF EXEMPTION, AMENDING RULE 464- OIL-WATER SEPARATORS AND DIRECTING 

STAFF ACTIONS".