Ventura County Air Pollution Control District 

FINAL STAFF REPORT – February 25, 2011 

RULE REVISIONS TO PERMIT GREENHOUSE GASES 

Rules 2, 23, 33, 33.1, 35, and 76 

EXECUTIVE SUMMARY

Currently, Ventura County APCD (District) rules 

regulate "criteria" air pollutants and hazardous air 

pollutants. Criteria pollutants include oxides of 

nitrogen, reactive organic compounds, particulate 

matter, oxides of sulfur, and carbon monoxide. The

United States Environmental Protection Agency 

(EPA) has recently taken steps to add greenhouse 

gases (GHGs) to the list of regulated pollutants. 

Because the thresholds of significance for GHGs are

substantially higher than those for criteria and 

hazardous pollutants, EPA is proposing to "tailor" 

their regulations to include GHGs. The District has 

determined that certain revisions to District Rules and 

Regulations are required to implement EPA's 

tailoring requirements. 

In the Preamble to the revisions to the federal code of 

regulations (40 CFR Parts 51, 52, 70, and 71), EPA 

summarizes their revisions as follows: 

EPA is tailoring the applicability criteria that 

determine which stationary sources and 

modification projects become subject to 

permitting requirements for greenhouse gas 

(GHG) emissions under the Prevention of 

Significant Deterioration (PSD) and title V 

programs of the Clean Air Act (CAA or Act). 

This rulemaking is necessary because without it 

PSD and title V requirements would apply, as of 

January 2, 2011, at the 100 or 250 tons per year 

(tpy) levels provided under the CAA, greatly 

increasing the number of required permits, 

imposing undue costs on small sources, 

overwhelming the resources of permitting 

authorities, and severely impairing the 

functioning of the programs. EPA is relieving 

these resource burdens by phasing in the 

applicability of these programs to GHG sources, 

starting with the largest GHG emitters. This 

rule establishes two initial steps of the phase-in. 

The rule also commits the agency to take certain 

actions on future steps addressing smaller 

sources, but excludes certain smaller sources 

from PSD and title V permitting for GHG 

emissions until at least April 30, 2016. 

In this rule action, the following rules are proposed 

for revision as required by the EPA tailoring rule:

1. Rule 2, Definitions 

2. Rule 23, Exemptions from Permit 

3. Rule 33, Part 70 Permits, General 

4. Rule 33.1, Part 70 Permits, Definitions 

5. Rule 35, Elective Emission Limits 

6. Rule 76, Federally Enforceable Limits on 

Potential to Emit. 

The proposed revisions include a number of changes. 

First, GHG applicability thresholds, and the July 1, 

2011, implementation date, are being added to 

several rules. Also, GHGs are being added as 

regulated pollutants. Second, definitions are being 

added for "greenhouse gases" and "CO2 equivalent." 

Other definitions are being amended to include 

greenhouse gases. 

It is important to note that only the largest air 

pollution sources in Ventura County will be required 

to comply with GHG permitting requirements at this 

time. Most permit holders in the district will not be 

affected by these new requirements. 

Revisions unrelated to GHGs are also proposed. 

Definitions of "Portable" and "Stationary" are being 

added to Rule 2, in addition to other new definitions, 

and several Rule 23 exemptions are being revised for 

clarity and/or flexibility. 

PROPOSED RULE REVISIONS – GREENHOUSE GASES

The proposed revisions for this rule action related to 

greenhouse gas emissions are discussed in detail 

below. Following this discussion, revisions unrelated 

to greenhouse gases are discussed in a separate 

section. 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 2 

February 25, 2011 

Rule 2 - Definitions 

Revisions to Rule 2 include both new definitions and 

revisions to existing definitions. The first revision is 

to the definition of "Air Contaminant," which will 

now include a reference to greenhouse gases. 

Air Contaminant. “Air Contaminant” or “Air 

Pollutant” means any discharge, release, or other 

propagation into the atmosphere and includes but 

is not limited to, smoke, charred paper, dust, soot, 

grime, carbon, greenhouse gases, fumes, gases, 

odors, particulate matter, acids or any 

combination thereof. (Revised 6/23/81, xx/xx/10). 

A new definition of "Greenhouse Gases" is being 

added. The definition is substantially the same as the 

definition provided by EPA in their Tailoring 

revisions. 

Greenhouse Gases (GHGs). "Greenhouse Gases" 

shall mean the aggregate group of six greenhouse 

gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons (by category), 

perfluorocarbons (by category), and sulfur 

hexafluoride. (Added xx/xx/10)

In addition, staff proposes to add the following 

abbreviations in Section B: 

CO2

e - carbon dioxide equivalent

GHGs - greenhouse gases

Also added as Table 1 is a list of Global Warming 

Potentials (GWP) (see Appendix A). GWP is 

referenced in the definition of "CO2 Equivalent 

(CO2e)" in Rules 33.1 and 76. 

Rule 23 - Exemptions from Permit 

Subsection J.16 addresses the permitting requirements of agricultural operations where actual 

emissions are equal to or greater than 50 percent of 

federal major source thresholds. Staff proposes to

add greenhouse gases to the list of thresholds, along 

with the July 1, 2011, implementation date: 

Pollutant Threshold (Tons Per Year)

Any single HAP 10 

Combination of HAPs 25 

CO, PM10, or SOx 100 

Greenhouse Gases (CO2e)

 (effective July 1, 2011) 100,000

Greenhouse Gases (CO2e)

 (until July 1, 2011) No Applicable Threshold

Attainment / Nonattainment Threshold (TPY) 

 Classification (Ozone) (ROC, NOx)

Attainment, Marginal, or Moderate 100 

Serious 50 

Severe 25 

Extreme 10 

Note that the July 1, 2010, implementation date is the 

second of two dates involved in the initial two-step 

phase-in of GHG requirements. The first date is 

January 2, 2011, which applies only to Prevention of 

Significant Deterioration (PSD) sources. After July 

1, 2011, the phase-in of GHG emissions for Part 70 

(Title V) sources will begin. This will include "new 

sources as well as existing sources not already 

subject to title V that emit, or have the potential to 

emit, at least 100,000 tpy CO2e." 

Rule 33 - Part 70 Permits - General 

Revisions to Rule 33 appear in Section B, Applicability. This section specifies the requirement to

obtain a Part 70 permit. GHGs are added as follows: 

The requirement to obtain a Part 70 permit 

pursuant to this rule shall apply to: 

1. Any stationary source with a potential to 

emit of 100 tons per year or more of any 

regulated air pollutant. Effective July 1, 

2011, this provision shall apply to greenhouse 

gas emissions only if the source has a potential to emit of 100,000 tons per year or more 

CO2 equivalent emissions. (Reference: 40 

CFR 70.2 "Major Source" (2), "Subject to 

Regulation" (1); 70.3(a)(1)) 

Note that, since GHGs are now regulated pollutants 

(see Rule 33.1), they are included under both the 100 

ton per year mass threshold in the first sentence and 

the GHG equivalent provisions in the second 

sentence. As noted above, on July 1, 2011, all Part 

70 and non-Part 70 sources with GHG emissions over 

the 100,000 ton per year threshold will begin the Part 

70 permit process. 

Rule 33.1 - Part 70 Permits - Definitions 

A new definition of "CO2 Equivalent (CO2e)" is proposed. This definition is substantially the same as 

definition provided in the EPA Tailoring revisions. 

Global Warming Potentials appear in Rule 2. 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 3 

February 25, 2011 

5. "CO2 Equivalent (CO2e)": The amount of 

greenhouse gases emitted relative to the 

global warming potential of each pollutant. 

CO2e shall be computed by multiplying the 

mass amount of emissions (tons per year) for 

each greenhouse gas by the gas’s associated 

global warming potential and summing the 

resultant values.

 Global warming potentials appear in Table 1 

of Rule 2, Definitions.

This definition is also being added to Rule 76. 

Three definitions in Rule 33.1 are proposed for 

revision. The definition of "Federally-Enforceable

Requirement" is currently limited to a specific 

number of listed situations. The proposed additional 

language will open the definition to other requirements "promulgated by the administrator of the 

EPA." 

12. "Federally-Enforceable Requirement": Any 

air pollution requirement set forth in, or 

authorized by, the federal Clean Air Act or 

EPA regulations. In addition, conditions of a 

Part 70 permit are federally-enforceable 

requirements, unless such conditions are 

designated as not being federally-enforceable 

pursuant to Rule 33.3.C. Federally 

enforceable requirements include 

requirements that are included in regulations 

promulgated by the administrator of the 

EPA at the time of issuance of a Part 70 

permit but have future effective dates. 

Federally-enforceable requirements include 

all of the following: 

a. Title I requirements of the federal Clean 

Air Act, including, but not limited to, all 

of the following: 

The definition of "Insignificant Activity" is being

amended to exclude greenhouse gases from the 

specific emission limits in Subsection 13.c: 

13. “Insignificant Activity”: Any emissions unit 

that meets all the following requirements: 

c. It emits no more than 0.5 tons per year 

of any EPA hazardous air pollutant and 

no more than 2 tons per year of any 

regulated air pollutant, except 

greenhouse gases. 

For the definition of "Regulated Air Pollutant," 

greenhouse gases are proposed for addition. The 

definition will be amended on the federal implementation date and will apply only to sources that exceed 

the 100,000 ton per year CO2e threshold. 

20. "Regulated Air Pollutant": Any pollutant 

which is emitted into or otherwise enters the 

ambient air, and which is listed among the 

following: 

f. Greenhouse gases if the source has a 

potential to emit of 100,000 tons per 

year or more CO2 equivalent emissions 

(effective July 1, 2011).

Rule 35 – Elective Emission Limits 

Rule 35 allows a source to take voluntary limits on its 

potential to emit to remain exempt from Rule 33, Part 

70 Permits. A permit issued pursuant to Rule 35 is

commonly known as "federally enforceable state 

operating permit," or FESOP permit. 

The proposed revision to Rule 35 is the addition of

"greenhouse gas" to the list of information required 

for an elective emission limit request. 

B. Request For Elective Emission Limits 

 A voluntary request for federally-enforceable 

elective emission limits shall take the form of 

a permit application and shall be subject to 

fees according to Rule 42, Sections A and E. 

The application shall include: 

1. The identification and description of all 

existing emission units at the stationary 

source for which federally-enforceable 

elective emission limits are being 

requested. Existing emission units may 

include units permitted pursuant to 

Rule 10 (Permits Required), units 

exempt from permit pursuant to Rule 

23 (Exemptions from Permit), and other 

sources of both hazardous air pollutant 

emissions and other regulated air 

pollutant emissions; 

2. The identification of all criteria, and

hazardous, and greenhouse gas air 

pollutants for each existing emission 

unit identified in Subsection B.1 for 

which federally-enforceable elective 

emission limits are being requested; 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 4 

February 25, 2011 

Rule 76 - Federally Enforceable Limits 

on Potential to Emit 

Rule 76 is known at a "prohibitory" rule that exempts 

many smaller sources from Rule 33, Part 70 Permits. 

To do this, Rule 76 uses "actual emissions" as a 

surrogate for "potential to emit." In general, a source 

whose actual emissions are less that 50 percent of a 

Part 70 permit threshold will remain exempt from 

Rule 33 even if the source's "potential to emit" is in 

excess of a Part 70 permit threshold. The vast majority to permits issued by the District are exempt from 

Part 70 permit requirements as a result of Rule 76.

Rule 76 enables permit holders to electively limit 

their emissions in a federally enforceable manner. In 

this way, sources that have the potential to emit air 

contaminants equal to or greater than the threshold

for a major source of regulated air pollutants or a

major source of hazardous air pollutants (HAPs) may

avoid the permitting requirements for that level of

emissions. Because various sections of the rule 

address different percentages of the "major source"

thresholds, varying thresholds for greenhouse gas 

emissions are being added to the rule. 

In Section A, Applicability, de minimis emission 

levels are twenty percent of the "major source" 

thresholds, which, for GHGs, is 100,000 tons per 

year. Therefore, greenhouse gases are added to 

Subsection A.2 as follows: 

2. Stationary Source with De Minimis 

Emissions: The recordkeeping and reporting 

provisions in Sections C, D and E below shall 

not apply to a stationary source with de 

minimis emissions or operations as specified 

in either Subsection A.2.a or A.2.b below: 

a. In every 12-month period, the 

stationary source emits less than or 

equal to the following quantities of 

emissions: 

1) 5 tons per year of a regulated air 

pollutant (excluding HAPs and 

greenhouse gases), 

5) 20,000 tons of greenhouse gases (as 

CO2e) per year, effective July 1, 

2011.

The limits established in Section B, Emission Limitations, define the maximum quantity of emissions 

allowed for a federally enforceable emission limit. 

These levels are fifty percent of the "major source" 

thresholds. Therefore, greenhouse gases are added to 

Subsection B.1 as follows: 

1. Unless the owner or operator has chosen to 

operate the stationary source under an 

alternative operational limit specified in 

Subsection E.1 below, no stationary source 

subject to this rule shall emit in every 12-

month period more than the following 

quantities of emissions: 

a. 50 percent of the major source 

thresholds for regulated air pollutants 

(excluding HAPs), as follows: 

1) 50 tons per year of any regulated 

air pollutant, except greenhouse 

gases, for which a potential to emit 

of 50,000 tpy CO2 equivalent 

emissions shall apply. 

Section D, Reporting Requirements, does not apply 

to sources with emission levels that do not exceed 25 

percent of the "major source" thresholds. Therefore, 

greenhouse gases are added to Subsection D.2 as 

follows: 

2. For the purpose of determining compliance 

with this rule, this requirement shall not 

apply to stationary sources which emit in 

every 12-month period less than or equal to 

the following quantities: 

a. For any regulated air pollutant 

(excluding HAPs and greenhouse gases), 

25 percent of the major source 

thresholds, as follows: 

1) 25 tons per year of any regulated 

air pollutant, 

2) 6.25 tons per year NOx or ROC, 

e. 24,999 tons of greenhouse gases (as 

CO2e) per year.

In Section G, Definitions, a CO2 Equivalent (CO2e) 

definition is proposed. The same definition appears 

in Rule 33.1. Also, two definitions in Section G, 

Definitions, are proposed for revision. Greenhouse

gases will be added to "Major Source of Regulated 

Air Pollutants" and "Regulated Air Pollutant," as 

follows: 

7. "Major Source of Regulated Air Pollutants" 

(excluding HAPs): A stationary source that 

emits or has the potential to emit a regulated 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 5 

February 25, 2011 

air pollutant (excluding HAPs) in quantities 

equal to or exceeding the lesser of any of the 

following thresholds: 

a. 100 tons per year (tpy) of any regulated 

air. Effective July 1, 2011, this 

provision shall apply to greenhouse gas 

emissions only if the source has a 

potential to emit of 100,000 tons per 

year or more CO2 equivalent emissions. 

[...] 

Fugitive emissions of these pollutants shall be 

considered in calculating total emissions for 

stationary sources in accordance with 40 

CFR Part 70.2 "Definitions- Major 

source(2)". 

12. "Regulated Air Pollutant": The following air 

pollutants are regulated: 

a. Oxides of nitrogen and volatile organic 

compounds; 

f. Greenhouse gases if the source has a 

potential to emit of 100,000 tons per 

year or more CO2 equivalent emissions 

(effective July 1, 2011).

Note that no local greenhouse gas regulatory activity 

will occur before July 1, 2011. 

PROPOSED RULE REVISIONS – OTHER CHANGES

Proposed revisions unrelated to greenhouse gas 

emissions are discussed in detail below. 

Rule 2 – Definitions 

To clarify certain permitting situations, staff is 

proposing to add definitions of "Portable" and 

"Stationary." These definitions are similar to those 

that currently appear in VCAPCD Rule 250 – 

Registration Of Agricultural Engines – but are 

updated for general use. 

Portable. “Portable” means a device that is not 

stationary. (Added xx/xx/10)

Stationary. “Stationary” means a device that 

meets any one of the following criteria:

1. The device is attached to a foundation, or if 

not so attached, resides at the same location 

or at the same stationary source for more 

than 12 consecutive months. A backup, 

standby or replacement device that replaces 

a device at a location or stationary source 

and is intended to perform the same or 

similar function as the device being replaced 

shall be included in calculating the 

consecutive time period. The cumulative 

time of all devices, including the time 

between the removal of the original device 

and installation of the replacement device, 

shall count toward the consecutive time 

determination; or

2. The device is not attached to a foundation 

and is located at a seasonal location for less 

than 12 consecutive months. To be 

stationary, the device must be located at the 

seasonal source for at least three months 

each year for at least two years.

3. The device is moved from one location to 

another in an attempt to circumvent the 12 

month residence time requirement in 

paragraph 1 above. The period during 

which the device is maintained at a storage 

facility shall be excluded from the 

consecutive time determination. 

4. The device is moved around a stationary 

source and performs routine or regular 

operations integral to the function of the 

stationary source. (added xx/xx/10)

Subsections 2 and 4 in the "Stationary" definition 

differ from the Rule 250 definition. For Subsection 

2, slightly different criteria for stationary seasonal 

equipment is proposed for clarity. 

The definition of "Equipment" is being modified for

clarity. The intent of the definition will not change. 

Equipment. Any operation, article, machine, 

equipment, or contrivance which may emit 

or reduce the emissions of any air 

contaminant or affected regulated pollutant. 

(Added 11/19/85, revised xx/xx/10)) 

The existing definition of "Motor Vehicle" includes a 

reference to California Motor Vehicle Code. Staff 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 6 

February 25, 2011 

proposes to delete the existing definition and add the 

following, which is based on the Vehicle Code 

definition: 

Motor Vehicle. "Motor Vehicle" is a vehicle 

that is self-propelled, including recreational 

vehicles, and does not include a self-propelled 

wheelchair, motorized tricycle, or motorized 

quadricycle, if operated by a person who, by 

reason of physical disability, is otherwise 

unable to move about as a pedestrian. Also 

excluded are truck campers. (Revised 

xx/xx/10)

Rule 2 include a definition of particulate matter as 

PM10. Staff proposes to add a definition of PM2.5.

Particulate Matter (PM2.5). “Particulate 

matter (PM2.5)” means particulate matter 

with an aerodynamic diameter equal to or 

less than 2.5 micrometers. (Added xx/xx/10)

Rule 23 – Exemptions from Permit 

A number of revisions are proposed for Rule 23. The 

first is in Section A - Burning, Incineration and 

Smoke. Staff proposed to remove the exemption 

from permit for safety flares in Subsection A.4, as

follows: 

4. After July 1, 2011, safety Safety flares rated 

at less than one million BTU per hour used

exclusively used for emergency standby for 

the disposal of process gases in the event of 

unavoidable process upsets. (Adopted 

6/14/77, Revised xx/xx/10) 

This revision is proposed to improve the enforceability of the exemption. Staff suspects that some

safety flares are used for other purposes (process 

upsets, maintenance periods, etc.). In addition to

criteria pollutants, flares have a potential to emit 

significant amounts of greenhouse gases (primarily 

methane). On July 1, 2011, all safety flares greater 

than or equal to one million Btu per hour will require 

a permit to operate. 

A revision is proposed for Section D - Vehicles, 

Engines. Staff has found that the use of emergency

portable engines for electrical generation is 

increasingly difficult to enforce. The revision will 

specify that portable engine generators connected for 

future electrical service will no longer be considered 

portable and will require a Permit to Operate. 

7. Emergency internal combustion engines, as 

follows: 

c. Portable engines used for emergency 

purposes. An engine powering a generator connected to a facility's electrical 

grid in preparation for a future 

emergency shall not be considered a 

portable emergency engine.

In Section F - Organic Compound Emissions, staff is

proposing to amend the permit exemption for polyester resin operations under 20 gallons a month. In 

Ventura County, boat yards are one of several 

significant users of polyester resin. The repair of a 

large boat may require more than 20 gallons of 

materials. Large repairs like this happen infrequently. To allow boatyards to make an occasional large

repair, staff proposes to change the exemption to 240 

gallons over a 12 month rolling total. The change 

will increase flexibility but not annual ROC emissions. The revised exemption will be consistent with 

other emissions-based paint and solvent exemptions 

based on a 12 month rolling total. 

14. Polyester resin operations using less than 20

240 gallons of polyester resin materials each 

month over a rolling period of 12 consecutive 

calendar months, including unsaturated 

polyester resins, cross-linking agents, 

catalysts, gel coats, inhibitors, accelerators, 

promoters, and any other material 

containing ROC and used in the polyester 

resin operation. Inert filler and cleaning 

material is specifically excluded from this 

determination. 

In Subsection J.16, the paragraph on large confined

animal facilities is being amended to specify that 

only major sources and major modifications are 

affected. In addition, a definition of "large confined 

animal facility" is being added to eliminate reference 

to the California Code of Regulations. 

This provision shall not exempt any large 

confined animal facility or any major source 

or any major modification to a major source

required to be issued a permit pursuant to 

Title I (42 U.S.C. Sec. 7401 et seq.) or Title V 

(42 U.S.C. Sec. 7661 et seq.) For the purpose 

of this subsection, agricultural operations are 

operations conducted in the raising of fowl or 

animals or the production of products of the 

soil, including crops, orchard fruits, trees, 

vines, rose bushes, ornamental plants, 

floricultural crops, and other horticultural 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 7 

February 25, 2011 

crops. An agricultural source includes all 

emissions units that are not exempt pursuant 

to other provisions of this rule which are 

used in agricultural operations located on 

contiguous property under common 

ownership or control. 

For the purpose of this subsection a “large 

confined animal facility” is defined at Cal. 

Code Regs, tit. 17, § 86500 as follows:

(i) 1,000 milk-producing dairy cows;

(ii) 3,500 beef cattle;

(iii) 7,500 calves, heifers or other cattle; 

(iv) 650,000 chickens other than laying hens;

(v) 650,000 laying hens;

(vi) 650,000 ducks;

(vii) 100,000 turkeys;

(viii) 3,000 swine;

(ix) 2,500 horses;

(x) 15,000 sheep, lambs, or goats; or

(xi) 30,000 rabbits or other animals.

[Source: CCR Title 17, Division 1, Chapter 1, 

Subchapter 2.7, §86500(a)]

Rule 33 – Part 70 Permits – General 

Staff proposes to delete from Rule 33, Subsection 

B.2, wording that is no longer relevant. This wording 

applies to EPA approval dates that have passed. 

2. The following language shall remain in effect 

until the effective date of EPA’s approval of 

the revision to this subsection:

 Any stationary source with a potential to 

emit 25 tons per year or more of either 

reactive organic compounds or nitrogen 

oxides. 

 The following revised language shall take 

effect on the effective date of EPA’s approval 

of this language:

 Any stationary source with a potential... 

Rule 33.1 – Part 70 Permits – Definitions 

Staff proposes to add to the definition of "Title I

Modification" a reference to 40 CFR Part 63, another 

National Emissions Standards for Hazardous Air 

Pollutants regulation. 

26. "Title I Modification": A modification to a 

Part 70 permit that meets any of the 

following criteria: 

e. Any modification to a source that would 

be defined as a modification under 40 

CFR Part 61 or Part 63, National 

Emissions Standards for Hazardous Air 

Pollutants. (Reference: 40 CFR 61.15, 

40 CFR 63.2) 

Rule 76 – Federally Enforceable Limits 

on Potential to Emit 

Staff proposes to clarify the application of an exemption from Rule 33 in Subsection A.4, as follows: 

4. Exemption, Stationary Source Subject to 

Rule 33: This rule shall not apply to the 

following stationary sources: 

 a. Any stationary source whose actual 

emissions... 

 1) The owner or operator has notified 

the District at least 30 days prior to 

any exceedance that s/he will 

submit an application for a Part 70 

permit, or otherwise obtain 

federally-enforceable permit limits 

to avoid the need for such 

application, and 

In Subsection A.6, unnecessary language is proposed

for deletion: 

6. Within three years of the effective date of 

Rule 33, t The District shall maintain and 

make available to the public upon request, 

for each stationary source subject to this 

rule, information identifying the provisions 

of this rule applicable to the source. 

In Subsection B.2, and again in definition of "Actual 

Emissions" in Subsection G.2, a specific hierarchy of 

calculation methods is being established. U.S. EPA

will be the primary source of applicable methods, 

followed by California ARB methods and methods 

approved by the District: 

...actual emissions shall use U.S. EPA, 

California Air Resources Board (CARB) or 

District approved methods, including 

emission factors and assumptions methods, 

including emission factors and assumptions, 

specified or approved by U.S. EPA; where 

such methods are not available, the APCO 

may allow methods approved by the 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 8 

February 25, 2011 

California Air Resources Board (CARB) or 

other District-approved methods.

As illustrated on page 4 above, staff proposes to 

amend a number of sections in Rule 76 for clarity. 

These changes involve expanded numerical 

references (Subsection A.2.a or A.2.b ) and additional 

distinctions between sections and subsections 

(Subsection E.1). The intent of the rule with respect 

to these revisions will not change. Please see the

draft rule for all proposed revisions. 

EMISSION REDUCTION / COST EFFECTIVENESS

Health & Safety Code § 40703 states that the district 

must consider, and make public, "the cost-effectiveness of a control measure." The proposed revisions

are not included in any control measure, so a costeffectiveness calculation is not necessary. 

Nevertheless, the proposed revisions are administrative in nature and no significant additional costs to 

stakeholders are expected. Some sources already 

report GHG emissions to the state (CARB). District

costs to implement a permitting program for GHGs 

will occur. 

In addition, because BACT requirements and feasible

control measures are not involved, an incremental 

cost-effectiveness analysis under Health & Safety 

Code Section 40920.6 is not required. 

SOCIOECONOMIC IMPACT

Health & Safety Code § 40728.5 requires the Air 

Pollution Control Board consider the socioeconomic 

impact of any new rule or amendment to an existing 

rule if air quality or emission limits are significantly 

effected. The proposed revisions are administrative 

in nature and do not include emission limits. The 

proposed revisions will significantly affect neither air 

quality nor emission limitations in Ventura County. 

Therefore, an evaluation of the requirements of 

Health & Safety Code § 40728.5 is not necessary. 

ENVIRONMENTAL IMPACTS OF METHODS OF COMPLIANCE / CEQA

Methods of Compliance 

California Public Resources Code § 21159 requires 

the District to perform an environmental analysis of 

the reasonably foreseeable methods of compliance if

the proposed rule requires "the installation of 

pollution control equipment, or [specifies] a 

performance standard or treatment requirement..." 

The proposed revisions are administrative in nature

and do not involve a requirement to install air 

pollution control equipment. Therefore, an analysis 

is not necessary. 

CEQA Requirements 

Staff has determined that the proposed revisions are 

exempt from the requirements of the CEQA under 

Section 15308 of the CEQA Guidelines, Actions by 

Regulatory Agencies for Protection of the 

Environment. 

ANALYSIS OF EXISTING FEDERAL AND DISTRICT REGULATIONS

California Health & Safety Code § 40727.2(a) 

requires districts to provide a written analysis of

existing regulations prior to adopting, amending or

repealing a regulation. Section 40727.2(a) states:

 In complying with Section 40727, the district 

shall prepare a written analysis as required by 

this section. In the analysis, the district shall 

identify all existing federal air pollution control

requirements, including, but not limited to, 

emission control standards constituting best 

available control technology for new or 

modified equipment, that apply to the same 

equipment or source type as the rule or 

regulation proposed for adoption or 

modification by the district. The analysis shall 

also identify any of that district's existing or 

proposed rules and regulations that apply to the 

same equipment or source type, and all air 

pollution control requirements and guidelines 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 9 

February 25, 2011 

that apply to the same equipment or source type 

and of which the district has been informed 

pursuant to subdivision (b). 

The proposed revisions include no emission control 

standards; therefore, the requirements of Health & 

Safety Code § 40727.2(a) are satisfied pursuant to 

Health & Safety Code § 40727.2(g). 

PUBLIC MEETINGS AND COMMENTS

Public Workshop 

September 21, 2010 

Staff conducted a public workshop on September 21, 

2010. There were 11 attendees. A majority of the 

discussion revolved around the proposed permit fee 

in Rule 42 [now postponed]. Prior to the workshop,

EPA transmitted a number of suggested changes to 

the proposed rules. None of these suggestions are 

significant and staff is considering them. ARB had

no comments on the proposed revisions. 

Advisory Committee 

November 2, 2010 

After a primer on permitting and a staff presentation, 

the Advisory Committee debated the need for the 

proposed revisions. Staff stated that if the federal 

laws implementing greenhouse gases were either 

repealed or delayed, implementation of the proposed

changes to District rules will be stayed. The rule

could eventually be repealed. 

Several members believed that the proposed revisions 

for permitting will lead eventually to emission limits 

on greenhouse gases. It was noted that the proposed 

revisions are required by EPA for greenhouse gas 

permitting and will continue the process that allows 

most sources to avoid the Part 70 (Title V) program. 

A motion to delay consideration of the proposed 

revisions for 4 months failed. The Committee 

recommended approval of the proposed revisions by 

a vote of 8 to 3. 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 10 

February 25, 2011 

APPENDIX A 

Rule 2 - Table 1 

Global Warming Potentials (GWP) 

(100-year Time Horizon) 

NAME GWP NAME GWP 

CO2 1 HFE-43-10pccc (H-Galden 1040x) 1,870 

CH4 21 HFE-125 14,900 

N2O 310 HFE-134 6,320 

HFC-23 11,700 HFE-143a 756 

HFC-32 650 HFE-227ea 1,540 

HFC-41 150 HFE-236ca12 (HG-10) 2,800 

HFC-125 2,800 HFE-236ea2 (Desflurane) 989 

HFC-134 1,000 HFE-236fa 487 

HFC-134a 1,300 HFE-245cb2 708 

HFC-143 300 HFE-245fa1 286 

HFC-143a 3,800 HFE-245fa2 659 

HFC-152 53 HFE-254cb2 359 

HFC-152a 140 HFE-263fb2 11 

HFC-161 12 HFE-329mcc2 919 

HFC-227ea 2,900 HFE-338mcf2 552 

HFC-236cb 1,340 HFE-338pcc13 (HG-01) 1,500 

HFC-236ea 1,370 HFE-338mmz1 380 

HFC-236fa 6,300 HFE-347mcc3 575 

HFC-245ca 560 HFE-347mcf2 374 

HFC-245fa 1,030 HFE-347pcf2 580 

HFC-365mfc 794 HFE-347mmy1 343 

HFC-4310mee 1,300 HFE-356mec3 101 

Nitrogen trifluoride 17,200 HFE-356pcc3 110 

Sulfur hexafluoride 23,900 HFE-356pcf2 265 

Trifluoromethyl sulphur pentafluoride 17,700 HFE-356pcf3 502 

PFC-14 (Perfluoromethane) 6,500 HFE-356mm1 27 

PFC-116 (Perfluoroethane) 9,200 HFE-365mcf3 11 

PFC-218 (Perfluoropropane) 7,000 HFE-374pc2 557 

PFC-3-1-10 (Perfluorobutane) 7,000 HFE-449sl (HFE-7100) Chemical Blend 297 

PFC-4-1-12 (Perfluoropentane) 7,500 HFE-569sf2 (HFE-7200) Chemical Blend 59 

PFC-5-1-14 (Perfluorohexane) 7,400 Sevoflurane 345 

Perfluorocyclopropane 17,340 (Octafluorotetramethylene) 

hydroxymethyl group 

73 

Perfluorocyclobutane 8,700 Bis(trifluoromethyl)-methanol 195 

PFC-9-1-18 7,500 2,2,3,3,3-pentafluoropropanol 42 

HCFE-235da2 (Isoflurane) 350 PFPMIE 10,300 

Source: Table A-1 to Subpart A of part 98, Global Warming Potentials (Federal Register, Volume 74, No. 209, 

October 30, 2009) 
FINAL STAFF REPORT – Revisions to Permit Greenhouse Gases Page 11 

February 25, 2011 

APPENDIX B 

Greenhouse Gas Emission Calculations for 

the Fuel Combustion Thresholds In Rule 76 

 

Rule 76, Subsection A.2.b.6) through A.2.b.9) Emission Factor Conversion CO2 Emissions 

A.2.b.6 1,400 gallons of gasoline 8.8 kg CO2/gallon 1000 12.3 Metric tonnes CO2

A.2.b.7 16,600 gallons of diesel fuel 10.14 kg CO2/gallon 1000 168.3 Metric tonnes CO2

A.2.b.8 500,000 gallons of distillate oil 10.14 kg CO2/gallon 1000 5070.0 Metric tonnes CO2

A.2.b.9 71,400,000 cubic feet of natural gas 0.05 kg CO2/scf 1000 3570.0 Metric tonnes CO2

 

Rule 76, Subsection E.1.f.1) 

 66,000 gallons of diesel fuel 10.14 kg CO2/gallon 1000 669.2 Metric tonnes CO2

 133,000 gallons of diesel fuel 10.14 kg CO2/gallon 1000 1348.6 Metric tonnes CO2

 265,000 gallons of diesel fuel 10.14 kg CO2/gallon 1000 2687.1 Metric tonnes CO2

 

Emission Factors from the Regulation For The Mandatory Reporting Of Greenhouse Gas Emissions, California 

Code of Regulations, title 17, Subchapter 10, Article 2, sections 95100 to 95133; Appendix A, Table 4, for Motor 

Gasoline, Distillate Fuel Oil, and Natural Gas (Unspecified)