REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

RULE 4402 CRUDE OIL PRODUCTION SUMPS (Adopted April 11, 1991, Amended 

September 19, 1991, Amended December 17, 1992, Amended [Rule adoption 

date]) 

1.0 Purpose 

 The purpose of this rule is to limit VOC emissions from sumps. by requiring emission 

control devices, recordkeeping, test methods and a compliance schedule are also 

established. 

2.0 Applicability 

 This rule applies to all first, second, and third stage sumps at facilities producing, 

gathering, separating, processing, and/or storing crude oil in an oil field. 

3.0 Definitions 

 3.1 APCO: the Air Pollution Control Officer of the San Joaquin Valley Unified Air 

Pollution Control District. 

 3.2 API: American Petroleum Institute. 

3.3 ARB: California Air Resources Board. 

 3.4 3.1 Clean Produced Water: produced water containing less than 35 milligrams per 

liter of VOCs as determined by EPA Test Method 413.2, or 418.1 or 1664A 

and/or, if necessary, EPA Test Method 8240 or 8260. Ethane provided the 

ethane fraction of the hydrocarbon vapors is less than 20 percent by volume, 

and hydrocarbons heavier than C14 may be excluded from the total concentration. Water samples collected for analysis shall be collected within a five 

(5) foot radius of the sump inlet. One (1) sample shall be collected near each 

inlet and the results averaged. 

 3.5 EPA: United States Environmental Protection Agency. 

 3.6 3.2 First Stage Production Sump: a sump which receives a stream of crude oil and 

produced water directly from an oil production well(s) or a field gathering 

system(s). 

 3.7 3.3 Fixed Roof Cover: a cover which does not contact a liquid surface, but is 

placed over and completely covers the liquid surface. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

 3.8 3.4 Floating Cover: a flexible, or rigid cover which rests on a liquid surface and 

completely covers the liquid surface except for the area under a hatch(es), and 

for a rigid cover the area between the cover edge and the vessel wall. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

 3.9 3.5 Gap-free: means there shall be no visible gaps, that is gaps which exceed 0.060 

inches. 

 3.10 3.6 Heavy Oil: produced crude oil that has an API gravity of less than 30 

degrees by ASTM Method D-1298-85. 

 3.11 Operator: includes but is not limited to any person who owns, leases, 

supervises, or operates a facility and/or equipment. 

 3.12 3.7 Pit: any excavation for which the intended use under normal conditions 

is the intermittent or emergency collection of crude oil and water and is not used 

for the separation of oil and water.

 3.13 3.8 Pond: any very large excavation that is used for the storage and or 

disposal of clean produced water, is not used for the separation of oil and water, 

and has no more than five (5) percent visible oil-covered surface area. 

 3.14 3.9 Produced Water: water, including oily water associated with the 

production, gathering, separating, and processing of crude oil. 

 3.15 3.10 Second Stage Sump: a sump which receives produced water from one 

(1) or more upstream first stage separation processes, including sumps, free 

water knockout vessels, wash tanks, etc. 

 3.16 3.11 Small Producer: an operator a person who: 

 3.16.1 3.11.1 p Produces an average over the preceding two (2) calendar years 

of less than 6,000 barrels per day of crude oil from all operations within 

the County at the time of a request for an exemption pursuant to Section 

6.1, and 

 3.16.2 3.11.2 d Does not engage in petroleum refining, transportation, or 

marketing of refined petroleum products. 

 3.17 3.12 Sump: a lined or unlined surface impoundment or excavated depression 

in the ground which, during normal operation, is in continuous use for 

separating crude oil, produced water, and solids in oil producing fields. 

 3.18 3.13 Third Stage Sump: a sump which receives produced water from one (1) 

or more upstream second stage sumps, or subsequent separation processes. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

 3.19 3.14 Very Small Producer: an operator a person producing an average over 

the preceding two (2) calendar years of less than 50 barrels of crude oil per day 

per lease and an average over the preceding two (2) calendar years of less than 

300 barrels of crude oil per day from all operations within the county at the time 

of a request for an exemption pursuant to Section 6.1. 

3.20 Volatile Organic Compound (VOC): as defined in Rule 1020 (Definitions). 

 

4.0 Exemptions 

 4.1 The provisions of Section 5.0 of this rule shall not apply to: 

 4.1.1 Second or third stage small producer sumps that have a liquid surface 

area of less than 1,000 square feet and that are used exclusively in the 

production of heavy oil. 

 4.1.2 Second and third stage sumps containing clean produced water. 

 4.1.3 Any very small producer sump that is used as a second or third stage 

sump that has a liquid surface area of less than 5,000 square feet, and 

that serves heavy oil production operations exclusively. 

 4.1.4 Any sump that has estimated emissions of 0.007 lb/sq. ft. per day or less 

established by the ARB flux-box test method. The flux-box test shall be 

performed as described in the ARB Evaluation Report No. C-86-105. 

Inclusion of the flux-box test method to demonstrate qualification for this 

exemption does not mean the method is approved by ARB for any other 

testing. 

 4.1.5 Any sump used as a first stage, second stage, or third stage sump for not 

more than seven (7) days in any one (1) calendar month and not more 

than 21 days in any one (1) calendar year. Any such sump shall be 

pumped out when not in use. 

 4.1.6 Any sumps located at petroleum refineries. 

 4.1.7 Any pits or p Ponds. 

 4.1.8 Pits. On and after January 1, 2013, pits used for emergencies shall begin 

clean-up procedures within 24 hours after each emergency occurrence 

and shall be completed within 15 calendar days. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

 4.2 The requirements of Section 5.0 shall not apply during maintenance operations 

on sumps if the District is verbally notified at least 24 hours prior to the 

maintenance work and if maintenance will take no more than 24 hours to 

complete. 

 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  	

5.0 Requirements 

 5.1 On and after January 1, 2013, first stage sumps are prohibited. 

 5.2 5.1 No operator person shall use any first, second, or third stage sump unless it is 

designed and equipped with one (1) of the following control devices properly 

installed, maintained, and operated: 

 5.2.1 5.1.1 A flexible floating cover; 

 5.2.2 5.1.2 A rigid floating cover equipped with a closure device between the 

sump wall and the cover edge which maintains the gap between the wall 

and cover at every point around the perimeter at no more than one (1) 

inch; or 

 5.2.3 5.1.3 A fixed-roof cover. 

 5.3 5.2 A floating, fixed, or other cover used to achieve compliance with Section 5.2 

5.1 shall be constructed and maintained to meet the following criteria: 

 5.3.1 5.2.1 The cover material is impermeable to VOCs; 

 5.3.2 5.2.2 There are no holes, tears, or other such openings, except pressure 

- vacuum valves, in the cover material which allow the emission of 

VOCs; 

 5.3.3 5.2.3 All hatches are kept closed and gap-free, except during 

maintenance, inspection, or repair; 

 5.3.4 5.2.4 The edge of any cover, except for a rigid floating cover as provided for in Section 5.2.2 5.1.2, forms a gap-free seal with the top edge 

of the sump; and 

 5.3.5 5.2.5 All pressure/vacuum vents are set to within ten (10) percent of 

the maximum safe working pressure of the cover. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  


 5.4 5.3 If a sump is replaced by an above ground tank in lieu of complying with Section 

5.2 5.1, such tank shall comply with all of the applicable requirements of Rule 

4623 (Storage of Organic Liquids), or at a minimum, the tank roof 

appurtenances shall be maintained leak-free and the tank shall be fitted with a 

pressure/vacuum vent set to within ten (10) percent of the maximum allowable 

working pressure of the tank. If replacement tank exclusively serves identical 

function of sump replaced, permitting of such tank may shall not be considered 

an emission change for the purposes of Rule 2201 (New and Modified 

Stationary Source Review Rule). 

 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

6.0 Administrative Requirements 

 6.1 Recordkeeping 

On and after January 1, 2013, records kept pursuant to Section 6.1 shall be 

maintained for a minimum of five (5) years, and made available to the APCO, 

ARB, and EPA upon request. 

 6.1.1 Any operator claiming exemption pursuant to To maintain exemption 

from the requirements of Section 5.0 by Section 4.1.1, the small 

producer shall maintain records annually submit documentation 

specifying specified in Section 6.1.1.1. On and after January 1, 2013, 

any operator claiming exemption pursuant to Section 4.1.1 shall maintain 

records specified in Section 6.1.1.1, 6.1.1.2, and 6.1.1.3. 

6.1.1.1 API gravity of crude oil for each exempt sump, for which 

exemption has been granted. 

6.1.1.2 Sump surface area, and 

6.1.1.3 Annual production rates. 

6.1.2 On and after January 1, 2013, any operator claiming an exemption 

pursuant to Section 4.1.2 shall maintain records to justify the exemption, 

those records shall include of the results of an independent laboratory 

analysis. 

6.1.3 On and after January 1, 2013, any operator claiming exemption pursuant 

to Section 4.1.3, shall maintain the following records: 

6.1.3.1 Sump surface area, and 

6.1.3.2 Annual production rates. 

 6.1.4 6.1.2 Any operator claiming person granted an exemption pursuant to 

from the requirements of Section 5.0 by Sections 4.1.2, 4.1.3, or 4.1.4, 

Section 4.1.4 shall maintain records to be required to justify the 

exemption, those records every twelve months. Such justification shall 

be submitted in writing and shall include the results of an independent 

laboratory analysis. 

6.1.5 Any operator claiming person granted an exemption pursuant to from 

the requirements of Section 5.0 by Section 4.1.5, shall maintain annually 

submit monthly records of sump use showing days of operation. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

6.1.6 On and after January 1, 2013, any operator claiming an exemption 

pursuant to Section 4.1.7 shall maintain records to justify the exemption, 

those records shall include the results of an independent laboratory 

analysis. 

6.1.7 On and after January 1, 2013, any operator claiming an exemption for 

emergency pits pursuant to Section 4.1.8 shall be required to maintain 

records documenting the date and time of each of the following: 

6.1.7.1 When the use of the emergency pit started, 

6.1.7.2 When clean-up of the emergency pit began, and 

6.1.7.3 When clean-up of the emergency pit finished. 

6.2 Test Methods 

Compliance with the requirements of Section 5.0 shall be determined in 

accordance with the following test methods or their equivalents as approved by 

the EPA and the APCO: 

 6.2.1 Analysis of halogenated exempt compounds shall be analyzed by ARB 

Method 422. 432. 

 6.2.2 The efficiency of any VOC destruction device shall be measured by EPA 

Method 25, 25a, or 25b, as applicable. , and analysis of halogenated 

exempt compounds shall be analyzed by ARB Method 422. 

7.0 Compliance Schedule 

 7.1 For Kern County: 

 7.1.1 Applications for Authority to Construct: 

 7.1.1.1 by October 3, 1990, all producers, other than small 

producers and very small producers, shall submit a 

completed application for Authority to Construct control 

equipment necessary to comply with Section 5.0. 

 7.1.1.2 by October 3, 1992, small producers shall submit a 

completed application for Authority to Construct control 

equipment necessary to comply with Section 5.1. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

 7.1.1.3 by October 3, 1994, very small producers shall submit a 

completed application for Authority to Construct control 

equipment necessary to comply with Section 5.1. 

 7.1.2 Compliance Date: 

 7.1.2.1 by April 3, 1992, all producers other than small producers 

and very small producers shall be in full compliance with 

the requirements of this rule. 

 7.1.2.2 by April 3, 1994, small producers shall be in full 

compliance with the requirements of this rule. 

 7.1.2.3 by April 3, 1996, very small producers shall be in full 

compliance with the requirements of this rule. 

 7.1.3 By July 3, 1990, complete requests for Section 4.0 exemptions shall be 

submitted to the APCO. 

 7.2 For Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare 

Counties: 

 7.2.1 Applications for Authority to Construct: 

 7.2.1.1 by November 1, 1991, all producers, other than small 

producers and very small producers, shall submit a 

completed application for Authority to Construct control 

equipment necessary to comply with Section 5.0. 

 7.2.1.2 by November 1, 1992, small producers and very small 

producers shall submit a completed application for 

Authority to Construct control equipment necessary to 

comply with Section 5.1. 

 7.2.2 Compliance Date: 

 7.2.2.1 by May 1, 1993, all producers other than small producers 

and very small producers shall be in full compliance with 

the requirements of this rule. 

 7.2.2.2 by May 1, 1995, small producers shall be in full 

compliance with the requirements of this rule. 

 7.2.2.3 by May 1, 1997, very small producers shall be in full 

compliance with the requirements of this rule. 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

 7.2.3 By August 1, 1991, complete requests for Section 4.0 

exemptions shall be submitted to the APCO. 

 
 REVISED PROPOSED December 15, 2011 

Revised Proposed 

Amendments to Rule 4402 

  

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