SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix C: Rule Consistency Analysis December 15, 2011 

C - 1 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4402 

APPENDIX C 

Rule Consistency Analysis 

For Revised Proposed Amendments to Rule 4402 

December 15, 2011 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix C: Rule Consistency Analysis December 15, 2011 

C - 2 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4402 

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SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix C: Rule Consistency Analysis December 15, 2011 

C - 3 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4402 

 RULE CONSISTENCY ANALYSIS FOR 

REVISED PROPOSED AMENDMENTS TO RULE 4402

I. REQUIREMENTS FOR 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 District and United 

States Environmental Protection Agency (EPA) rules, regulations, and guidelines that 

apply to the same source category. The elements analyzed are emission standards, 

monitoring and testing, and recordkeeping and reporting requirements. 

II. RULE CONSISTENCY ANALYSIS 

A. District Rules 

Facilities subject to District Rule 4402 could be subject to other District rules including: 

 Rule 2201 New and Modified Stationary Source Review 

 Rule 2020 Exemptions 

 Rule 2520 Federally Mandated Operating Permits 

 Rule 4001 New Source Performance Standards 

 Rule 4002 National Emissions Standards for Hazardous Air Pollutants 

 Rule 4101 Visible Emissions 

 Rule 4102 Nuisance 

 Rule 4455 Components at Petroleum Refineries, Gas Liquids 

Processing Facilities, and Chemical Plants 

 Rule 4623 Storage of Organic Liquid 

 Rule 4625 Wastewater Separators 

The above-listed rules are not in conflict with, nor are they inconsistent with the 

requirements of Revised Proposed Rule 4402. 

B. Federal EPA Rules and Regulations 

1. EPA “Alternative Control Techniques (ACT) Document 

District staff’s review of the EPA ACT list indicates that there is no ACT for crude 

oil production sumps. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix C: Rule Consistency Analysis December 15, 2011 

C - 4 Final Staff Report with Appendices for 

 Revised Proposed Amendments to Rule 4402 

2. EPA “Control Techniques Guideline (CTG) Document 

District staff’s review of the EPA CTG list indicates that there is no CTG for 

crude oil production sumps. 

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

Maximum Achievable Control Technologies (MACTs) 

District staff’s review of 40 CFR 61 (NESHAP) and 40 CFR (NESHAP for Source 

Categories) indicates that there is no NESHAP or MACT for crude oil production 

sumps. 

4. EPA Policy on Recordkeeping 

The recordkeeping requirement in Section 6.0 of Rule 4402 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 found that the revised proposed amendments 

to Rule 4402 would not conflict with federal rules, regulations, or policies covering 

similar stationary sources.