PLACER COUNTY AIR POLLUTION CONTROL DISTRICT

STAFF REPORT

PROPOSED RESCISSION OF RACT AND OTHER RULES:

RULE 227, PETROLEUM DRY CLEANING OPERATIONS

RULE 229, FIBERBOARD MANUFACTURING

RULE 230, PLASTIC PRODUCTS AND MATERIALS – PAPER TREATING 

OPERATIONS

RULE 232, BIOMASS SUSPENSION BOILERS

RULE 237, MUNICIPAL LANDFILLS

RULE 241, BOILERS AT PLASTIC LAMINATE MANUFACTURING 

FACILITIES

RULE 506, BIOMASS EMISSION REDUCTION CREDITS AND BANKING

RULE 805, NOTICE TO COMPLY

April 12, 2012

Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 1

Purpose

In an effort to clean up the District rule book, staff is proposing to rescind a number of rules that are 

no longer relevant to the types of sources we currently have in Placer County.

Rule 227, Petroleum Dry Cleaning Operations

Petroleum dry cleaning machines use a cleaning fluid that is derived from petroleum and is 

considered to be 100% hydrocarbon. Cleaning fluid lost from the machine through leaks and 

small amounts remaining in the cleaned articles for emission estimation purposes is 

considered to be VOC that is released to the air. Most petroleum dry cleaning machines use a 

cleaning fluid named DF 2000.

Dry cleaning machines that use perchloroethylene (Perc) as the cleaning fluid in the past were

the predominant type, but these units are being phased out because Perc has been classified as 

a hazardous air pollutant. There are several dry cleaning fluids that are rated as non-VOC and 

environmentally friendly and these types of machines do not require District permits.

Rule 227, Petroleum Dry Cleaning Operations, was adopted on February 5, 1991, and 

forwarded to ARB for approval and then to EPA for incorporation into the SIP. ARB 

responded that they would approve the rule, but to be forwarded to EPA would require proof 

of publication of proper public notice for the public hearing where the rule was adopted by the 

County Board of Supervisors. This proof could not be found, so the rule has not been sent for 

EPA approval.

The rule was originally intended to mirror the federal New Source Performance Standard 

(NSPS) for Petroleum Dry Cleaners, 40 CFR 60 Subpart JJJ. The NSPS applies to dry 

cleaners using petroleum dry cleaning fluid that have a rated dryer capacity of 84 pounds or 

greater of clothes. ARB comments on the rule during development suggested that the rule 

could apply to dry cleaners with capacities less than 84 pounds, as South Coast AQMD was 

doing at the time. The rule was changed to apply to all petroleum dry cleaners, with a phasein of the requirements for machines with a capacity less than 84 pounds.

The rule requires use of solvent recovery dryers, cartridge filters, immediate transfer of 

cleaned articles to the dryer, and allows no perceptible fluid leaks from the equipment.

The rule also implies that an initial performance test be conducted on the effectiveness of the 

dryer, per a test described in NSPS JJJ. The test is implied because the test can be waived by 

the APCO. 

Since Rule 227 was adopted, standard design for petroleum dry cleaning machines has gone to 

closed-loop, dry-to-dry type equipment. This means that the entire cleaning operation is 

conducted in a single machine where the dry articles to be cleaned are initially placed in the 

machine and the cleaned articles are removed from the machine in the dry state. These modern 
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 2

machines employ solvent recovery dryers, cartridge filters to remove the dirt from the fluid, and 

stills to recycle the dry cleaning fluid. This standard design meets the requirements of Rule 227.

The performance test described in NSPS JJJ is very burdensome in that the test has a duration of 

two weeks where the final recovered flow rate of solvent from the dryer for each wash load is 

measured in a graduated cylinder. The NSPS requires this test for all newly installed machines. 

The District has been waiving this test.

The current situation concerning petroleum dry cleaning machines is:

1. The District has no SIP commitment for this control measure,

2. The rule has not been approved into the SIP so, rescinding the rule will not be a SIP 

relaxation,

3. NSPS JJJ will apply to any new units having a rated capacity of 84 pounds or greater of 

clothes,

4. Currently, there are eleven petroleum dry cleaning permits in the District. These existing 

dry cleaning systems are all of the closed-loop type that meets the standards of Rule 227. 

Over the next few years, four dry cleaning systems using perchloroethylene (Perc) fluid 

will be phased out due to the ARB Airborne Toxic Control Measure and will likely be 

replaced with new petroleum dry cleaning machines. All new petroleum dry cleaning 

machines manufactured today meet the standards of Rule 227.

5. The combined eleven permitted petroleum dry cleaning machines in 2010 used 532 gallons 

of cleaning fluid which consisted of 3,412 pounds of VOC according to the annual 

throughput reports submitted by the permit holders. From this combined annual usage, it 

can be seen that dry cleaners are not a significant source of VOC emissions in Placer 

County.

Accordingly, staff recommends that Rule 227, Petroleum Dry Cleaning Operations, be rescinded 

as no longer useful in controlling hydrocarbon emissions from dry cleaning operations. 

There is no fiscal impact from rescinding Rule 227. Dry Cleaning equipment available for 

purchase today is designed such that it meets the requirements of the rule. Rescinding Rule 

227 should have no effect on costs to dry cleaning businesses or the District.

Rule 229, Fiberboard Manufacturing

Rule 229, Fiberboard Manufacturing, was adopted on June 28, 1994, and never amended. 

Adoption of this rule was necessary to satisfy a Federal Clean Air Act requirement that Districts 

adopt regulations for major source volatile organic compound (VOC) Reasonably Available 

Control Technology (RACT). At that time, the District contained one source subject to this rule; 
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 3

SierraPine, a manufacturer of Medium Density Fiberboard. The rule controls VOC emissions 

from the plant and sets minimum VOC control efficiencies for various operations used in the 

manufacture of fiberboard.

The SierraPine fiberboard manufacturing has been in decline over the past several years, and on 

December 16, 2011, the last manufacturing line was permanently shut down. SierraPine has 

surrendered the fiberboard manufacturing permits and filed for Emission Reduction Credits for 

the shutdown emissions. SierraPine still maintains some permits relative to cutting and sanding 

of MDF. These remaining operations do not emit VOCs and are not subject to rule 229. 

SierraPine will no longer be a major source subject to Title V permitting.

SierraPine is dismantling the fiberboard manufacturing equipment and is selling off the emission 

reduction credits. The company does not expect to operate again in this location. District staff is 

not aware of any other company with plans to open a fiberboard manufacturing operation in 

Placer County.

There is no fiscal impact from rescinding Rule 229 since there are no sources subject to the 

rule in Placer County.

Staff proposes that Rule 229, Fiberboard Manufacturing, be rescinded because there are currently 

no sources in the District that are subject to this rule. Furthermore, it is not likely that a new 

fiberboard manufacturing operation would locate in Placer County.

Rule 230, Plastic Products and Materials – Paper Treating operations

Rule 230, Plastic Products and Materials – Paper Treating Operations, was adopted on June 28, 

1994, and never amended. Adoption of this rule was necessary to satisfy the Section 182 of the 

Federal Clean Air Act as amended in 1990 requirement that Districts adopt regulations for major 

source VOC Reasonably Available Control Technology (RACT). At that time, the District 

contained one source subject to this rule; Formica, a manufacturer of plastic laminates, 

commonly used in kitchen countertops. The rule applies to paper treating operations involving 

the application of melamine and phenolic resins to paper substrates which have a potential to 

emit 25 tons or more of VOC per year. This rule was approved into the SIP by EPA. The 

purpose of the rule is to limit emissions of VOC through either use of low-VOC compounds, or 

through use of control equipment to destroy VOC before being emitted to the atmosphere.

Formica shut down all operations at the facility in June of 2006 and obtained Emission 

Reduction Credits for the shutdown emissions. Formica has since sold the land.

There is no fiscal impact from rescinding Rule 230 since there are no sources subject to the 

rule in Placer County.

Staff proposes that Rule 230, Plastic Products and Materials – Paper Treating Operations, be 

rescinded because there are currently no sources in the District that are subject to this rule.
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 4

Furthermore, it is not likely that a new manufacturing operation of this source category would 

locate in Placer County.

Rule 232, Biomass Suspension Boilers

Rule 232, Biomass Suspension Boilers, was adopted on October 6, 1994, and amended once on 

December 9, 1999. Adoption of this rule was necessary to satisfy the Section 182 of the Federal 

Clean Air Act as amended in 1990 requirement that Districts adopt regulations for major source 

NOx Reasonably Available Control Technology (RACT). At that time, the District contained one 

source subject to this rule; SierraPine, a manufacturer of Medium Density Fiberboard. The rule 

applies to biomass suspension boilers which have a potential to emit 25 tons or more of NOx per 

year, which have as a primary energy source of biomass from a medium density fiberboard 

(MDF) plant consisting of a minimum of 25 percent of the total annual heat input. SierraPine 

used sander dust from the final finish sanding of the produced MDF as the biomass fuel. This 

rule was never approved into the SIP by EPA due to disagreement with the District over what 

constitutes RACT for this type of biomass boiler.

As was mentioned for Rule 229, Fiberboard Manufacturing, the SierraPine fiberboard 

manufacturing MDF production had been in decline over the past several years and in 2010 the 

biomass suspension boiler was permanently shut down and replaced with a natural gas fueled 

boiler. SierraPine surrendered the biomass suspension boiler permit and filed for Emission 

Reduction Credits for the shutdown emissions. SierraPine is no longer a major source subject to 

Title V permitting.

SierraPine is dismantling the fiberboard manufacturing equipment and is selling off the emission 

reduction credits. The company does not expect to operate again in this location. District staff is 

not aware of any other company with plans to open a fiberboard manufacturing operation using a 

biomass suspension boiler in Placer County.

There is no fiscal impact from rescinding Rule 232 since there are no sources subject to the 

rule in Placer County.

Staff proposes that Rule 232, Biomass Suspension Boilers, be rescinded because there are 

currently no sources in the District that are subject to this rule. Furthermore, it is not likely that a 

new fiberboard manufacturing operation using a biomass suspension boiler would locate in 

Placer County.

Rule 237, Municipal Landfills

Municipal landfills are regulated by two different federal regulations known as New Source

Performance Standards (NSPS). These are listed in 40 CFR Part 60 with various subparts.

Subpart Cc, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, 

applies to landfills constructed or last modified prior to May 30, 1991. NSPS subpart WWW, 
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 5

Standards of Performance for Municipal Solid Waste Landfills, applies to landfills 

constructed or last modified after May 30, 1991.

The two largest landfills in Placer County are the Western Regional Landfill (WRL) and the 

Eastern Regional Landfill (ERL). WRL was expanded after 1991, so Subpart WWW applies 

to that landfill. ERL was constructed prior to 1991, and not modified after 1991, so Subpart 

Cc applies to ERL.

WRL is still an active landfill. ERL was closed in 1995 and converted to a materials recovery 

facility and a transfer station. Both WRL and ERL have active landfill gas collection and 

control systems utilizing enclosed flares. 

Rule 237 was originally promulgated to mirror the requirement of Subpart Cc for landfills 

constructed before May 30, 1991, and a similar California Air Resources Board Suggested 

Control Measure. At that time both WRL and ERL were active landfills and subject to the 

rule. The rule was last amended on October 9, 2003, and forwarded by ARB to EPA for 

incorporation into the SIP on May 17, 2010. EPA has not acted on the rule at this time.

WRL was reconstructed to expand the design capacity after 1991, thus making the landfill 

subject to Subpart WWW instead of Subpart Cc. Rule 237, Section 104, Exemptions, exempts 

from the requirements of the rule any landfill subject to Subpart WWW. Thus, WRL is no 

longer subject to Rule 237.

ERL voluntarily installed a gas collection and control system even though the landfill never did 

reach the emission threshold where the NSPS would require this system. Now that the landfill is 

closed, ERL will never reach that threshold. ERL has filed a closure report and thus is no longer 

subject to Subpart Cc or to Rule 237.

There are no other active landfills in Placer County besides WRL. Any new landfills developed 

in Placer County in the future would be subject to Subpart WWW and therefore not subject to 

Rule 237.

Both WRL and ERL continue to operate their landfill gas collection and control systems. The 

California Air Resources Board has recently promulgated a green house gas regulation for 

landfills that requires continued operation of the control systems at both WRL and ERL and 

places emission limitations and test requirements on the control devices. For this reason, both 

landfills will continue to control methane and non-methane emissions for the foreseeable future. 

The District recently signed a Memorandum of Understanding (MOU) with the California Air 

Resources Board to take on enforcement of the new green house gas regulation.

There is no fiscal impact from rescinding Rule 237 since no landfills are currently subject to 

the rule, and there can’t be any new landfills subject to the rule.
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 6

Since there are no current landfills subject to Rule 237 and it is not possible for a potential new 

landfill to be subject to the rule, staff recommends that Rule 237, Municipal Landfills, be 

rescinded as no longer useful in controlling hydrocarbon emissions from landfills. 

Rule 241, Boilers at Plastic Laminate Manufacturing Facilities

Rule 241, Boilers at Plastic Laminate Manufacturing Facilities, was adopted on April 8, 1999,

and never amended. Adoption of this rule was necessary to satisfy the Section 182 of the Federal 

Clean Air Act as amended in 1990 requiring that districts adopt regulations for major source 

NOx Reasonably Available Control Technology (RACT). At that time, the District contained 

one source subject to this rule; Formica, a manufacturer of plastic laminates, commonly used in 

kitchen countertops. The rule applies to boilers fueled with a combination of natural gas and 

waste fuel from paper treating operations at plastic laminate manufacturing facilities which have 

a potential to emit 25 tons or more of NOx per year. A paper treating operation is defined as a 

paper coating process in which a uniform layer of phenolic or melamine resin is applied either by 

(a) dipping a continuous, moving paper substrate into the resin and then using rollers to squeeze 

the excess resin from the paper, or (b) applying the resin directly to the paper substrate with a roll 

applicator. Paper treating operations also include lamination of resin-impregnated paper and 

trimming, cutting, and sanding of laminated sheets and related processes. Waste fuel for the 

boiler is defined as material from trimming, cutting and sanding of laminated sheets of resin 

impregnated paper. This rule was never submitted to EPA for inclusion in the SIP. The purpose 

of the rule is to limit emissions of NOx through use of low-NOx burners and flue gas 

recirculation on the boiler.

Formica shut down all operations at the facility in June of 2006, and obtained Emission 

Reduction Credits for the shutdown emissions. Formica has since sold the land.

There is no fiscal impact from rescinding Rule 241 since there are no sources subject to the 

rule in Placer County.

Staff proposes that Rule 241, Boilers at Plastic Laminate Manufacturing Facilities, be rescinded 

because there are currently no sources in the District that are subject to this rule. Furthermore, it 

is not likely that a new manufacturing operation of this source category would locate in Placer 

County.

Rule 506, Biomass Emission Reduction Credits and Banking

The Connelly-Areias-Chandler Rice Straw Burning Reduction Act of 1991 required the 

reduction of rice straw burning in the Sacramento Valley and provided that the reductions in 

emissions resulting from the rice straw burning phase down are eligible for Emission Reduction 

Credits (ERCs). The District’s general ERC rule, Rule 504, did not contain the protocols for 

determining biomass burning emissions and resulting credits, so a new rule was required. A 

model rule was developed by the Sacramento Valley Basin Control Council which became the 

basis for Rule 506.
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 7

Rule 506 was adopted on August 8, 1996. This rule has provisions for the issuance of ERCs from 

rice straw burning, but also provides for orchard trimmings, field crop residue, and forest wastes. 

The rule was advertised to the rice-growing community, but the District only received serious 

interest from one grower. ERCs were issued to this grower in 2003. ERCs have not been issued 

for other crop residue burning.

As a result of EPA’s review of Rule 506, and similar rules adopted by other districts that were 

based on the same model rule, EPA would not approve these rules into the SIP. This meant that 

ERC’s issued to these rules could not be used for offsets for federal purposes. The ERCs could 

still be used for minor projects, but most of the demand for ERCs is for federal major projects. 

This severely reduced the demand and value of these ERCs.

A joint committee was set up including EPA, ARB, air districts in rice growing areas, and the 

Rice Commission to work out a new model rule. This committee met over the course of four 

years (2004 – 2008) before crafting a model rule that was acceptable to all parties. The District 

adopted new Rule 516, Rice Straw Emission Reduction Credits, based on this model rule on 

February 19, 2009. The new rule only applied to rice straw burning and not other types of 

biomass such as field crops or orchard trimmings.

New Rule 516 has a provision that allows owners of ERCs issued to old Rule 506 to turn them in 

to the District and receive new ERCs issued to the new rule, thus making the ERCs good for 

federal purposes. All the old existing rice straw burning ERCs were converted to the new ERCs.

The District has not received interest from growers in obtaining ERCs from other crops such as 

wheat, Sudan grass, or orchard trimmings. Orchard trimmings are now mostly sold for fuel for 

biomass energy plants. Burning of wheat and Sudan grass in the county has declined sharply 

from previous decades. In addition, any ERCs that may have been issued in the future would not 

be recognized by EPA and therefore could not be used as offsets for major projects; severely 

limiting the monetary value of these ERCs.

For these reasons, staff recommends that Rule 506, Biomass Emission Reduction Credits and 

Banking, be rescinded as no longer useful.

Rule 805, Notice to Comply

Rule 805, Notice to Comply, was adopted on August 12, 1999, and never amended. Adoption of 

this rule was required by the California Health and Safety Code (H&SC) section 39150. That 

section of the H&SC defined a procedure called Notice to Comply to address minor violations in 

permitted sources without going through the formal process of a Notice of Violation (NOV). The 

H&SC required that districts adopt a similar regulation or rule. 
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 8

The Notice to Comply regulations in the H&SC had a sunset date unless extended by the state 

legislature. The sunset date was extended once and then the statute was allowed to expire on 

January 1, 2006. Since Notice to Comply (NTC) is no longer required by state regulations, the 

District has not been using NTCs. The NTC process was viewed as being overly cumbersome 

and difficult for both District staff and clients to understand. It is possible that the legislature at 

some future date may chose to reinstate some form of the NTC or other limits upon District 

enforcement discretion and the District will comply at that time.

The District has implemented an alternate method for addressing minor violations discovered 

during inspections that do not warrant the issuance of an NOV. This is called a Corrective 

Action Notice (CAN). In addition the District utilizes an array of approaches to resolve 

violations before and after violation discovery - from verbal or written warnings, to Notices of 

Violations. For example, upon receiving new information through the process of mutual 

settlement negotiations the District may:

• Rescind the Notice of Violation; 

• Issue a warning; 

• Seek monetary penalties - as a penalty, for fire cost recovery, or to for any costs avoided 

through the violation; 

• Agree to stipulations where all or a portion of penalties are deferred and will be forgiven 

upon continued compliance; or

• Agree to supplemental environmental projects by the violator in lieu of monetary penalties.

There is no fiscal impact from rescinding Rule 805 since it is no longer being used in Placer 

County.

Staff proposes that Rule 805, Notice to Comply, be rescinded because it is no longer mandated 

by the state H&SC and the District has been using an alternate method of addressing minor 

violations discovered during source inspections.

Analysis and Findings

The following Analysis and the subsequent Findings are intended to address the requirements set 

forth in the Health and Safety Code relating to adoption of a new or amended District Rule, as well 

as other State statutes referenced herein.

Cost-Effectiveness of a Control Measure

California Health & Safety Code (H&S) Section 40703 requires a District to consider and make 

public “the cost-effectiveness of a control measure”. The rescission of these rules should have no 

financial impact on the public because the rules no longer apply to sources in the District. 

Therefore, there is no cost-effectiveness of this rule.

Socioeconomic Impact
Proposed Rescission of District RACT and Other Rules

Staff Report

Board Date: April 12, 2012

Page 9

H&S Section 40728, in relevant part, requires the Board to consider the socioeconomic impact of 

any new rule if air quality or emission limits are significantly affected. However, Districts with a 

population of less than 500,000 persons are exempted from the socioeconomic analysis. In 2010, 

the population of Placer County was approximately 348,000 persons.

California Environmental Quality Act (CEQA)

Proposed rescission of these rules is not an activity that may cause a direct or reasonably 

foreseeable indirect physical effect in the environment therefore not considered a “project”, as 

defined by Section 21065 of the California Public Resource Code and Section 15378(b)(4)&(5) 

of the CEQA guidelines. A CEQA analysis is therefore not necessary.

Findings

A. Necessity – The rescission of these rules is necessary in order to delete District rules that 

are no longer relevant to current stationary sources.

B. Authority – California Health and Safety Code, Sections 40000, 40001, 40702, and 

39666 are provisions of law that provide the District with the authority to adopt, amend, 

or rescind Rules.

C. Clarity – There is no indication, at this time, that the proposed Rule is written in such a 

manner that persons affected by the Rule cannot easily understand them.

D. Consistency – The regulation is in harmony with, and not in conflict with or 

contradictory to, existing statutes, court decisions, or state or federal regulations.

E. Non-duplication – The regulation does not impose the same requirements as an existing 

state or federal regulation.

F. Reference – All statutes, court decisions, and other provisions of law used by PCAPCD 

in interpreting this regulation is incorporated into this analysis and this finding by 

reference.

Exhibits: Rule 227, Petroleum Dry Cleaning Operations

Rule 229, Fiberboard Manufacturing

Rule 230, Plastic Products and Materials – Paper Treating Operations

Rule 232, Biomass Suspension Boilers

Rule 237, Municipal Landfills

Rule 241, Boilers at Plastic Laminate Manufacturing Facilities

Rule 506, Biomass Emission Reduction Credits and Banking

Rule 805, Notice to Comply