Mojave Desert 

Air Quality Management District 

Final 

Staff Report 

Proposed Amendments to 

Rule 464 – Oil-Water Separators 

Adopted on 

June 23, 2014 

14306 PARK AVE, VICTORVILLE, CA 92392-2310 

PHONE: (760) 245-1661 

FAX: (760) 245-2699 
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MDAQMD Rule 464 TC-1 

Final Staff Report, 08/25/2014

STAFF REPORT 

TABLE OF CONTENTS

Rule 464 – Oil-Water Separators

I. PURPOSE OF STAFF REPORT ............................................................................................ 1 

II. EXECUTIVE SUMMARY ..................................................................................................... 1 

III. STAFF RECOMMENDATION ............................................................................................. 2 

IV. LEGAL REQUIREMENTS CHECKLIST ............................................................................ 3 

V. DISCUSSION OF LEGAL REQUIREMENTS ..................................................................... 4 

A. REQUIRED ELEMENTS/FINDINGS ............................................................................... 4 

1. State Findings Required for Adoption of Rules & Regulations ..................................... 4

a. Necessity ..................................................................................................................... 4 

b. Authority ..................................................................................................................... 4 

c. Clarity ......................................................................................................................... 4 

d. Consistency ................................................................................................................. 4 

e. Nonduplication ............................................................................................................ 4 

f. Reference .................................................................................................................... 5 

g. Public Notice & Comment, Public Hearing ................................................................ 5 

2. Federal Elements (SIP Submittals, Other Federal Submittals) ....................................... 5 

a. Satisfaction of Underlying Federal Requirements ...................................................... 5 

b. Public Notice and Comment ....................................................................................... 5 

c. Availability of Document ........................................................................................... 5 

d. Notice to Specified Entities ........................................................................................ 6 

e. Public Hearing ............................................................................................................ 6 

f. Legal Authority to Adopt and Implement ................................................................... 6 

g. Applicable State Laws and Regulations Were Followed ............................................ 6 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ............................................ 6 

C. ECONOMIC ANALYSIS .................................................................................................. 7 

1. General ............................................................................................................................ 7 

2. Incremental Cost Effectiveness....................................................................................... 7 

D. ENVIRONMENTAL ANALYSIS (CEQA)....................................................................... 7 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS ..................................................... 8 

1. Potential Environmental Impacts .................................................................................... 8 

2. Mitigation of Impacts ...................................................................................................... 8 

3. Alternative Methods of Compliance ............................................................................... 8 

F. PUBLIC REVIEW .............................................................................................................. 8 

VI. TECHNICAL DISCUSSION ................................................................................................ 8 

A. SOURCE DESCRIPTION .................................................................................................. 8 

B. EMISSIONS ....................................................................................................................... 8 

C. CONTROL REQUIREMENTS .......................................................................................... 8 

D. PROPOSED RULE SUMMARY ....................................................................................... 9 

E. SIP HISTORY .................................................................................................................. 10 

1. SIP History ................................................................................................................... 10 

a. SIP in the San Bernardino County Portion of MDAQMD ....................................... 10 

b. SIP in the Riverside County Portion of the MDAQMD ........................................... 11 
TC-2 MDAQMD Rule 464 

Final Staff Report, 08/25/2014

2. SIP Analysis .................................................................................................................. 12 

Appendix A - Iterated Version .................................................................................................... A-1 

Appendix B - Public Notice Documents ..................................................................................... B-1 

Appendix C - Public Comments and Responses......................................................................... C-1 

Appendix D - California Environmental Quality Act Documentation ....................................... D-1 

Appendix E - Bibliography .......................................................................................................... E-1 
MDAQMD Rule 464 1

Final Staff Report, 08/25/2014 

STAFF REPORT 

Rule 464 – Oil-Water Separators 

I. PURPOSE OF STAFF REPORT 

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and 

background material to the members of the Governing Board. This allows the members of the 

Governing Board to be fully informed before making any required decision. It also provides the 

documentation necessary for the Governing Board to make any findings, which are required by 

law to be made prior to the approval or adoption of a document. In addition, a staff report 

ensures that the correct procedures and proper documentation for approval or adoption of a 

document have been performed. Finally, the staff report provides evidence for defense against 

legal challenges regarding the propriety of the approval or adoption of the document. 

II. EXECUTIVE SUMMARY 

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 Federal Clean Air Act (FCAA) requires areas designated non-attainment and classified 

moderate and above to implement Reasonably Available Control Technology (RACT) for 

sources subject to Control Technology Guidelines (CTG) documents issued by United States 

Environmental Protection Agency (USEPA) for “major sources” of volatile organic compounds 

(VOCs) and oxides of nitrogen (NOX) which are ozone precursors. The District adopted the 8-

Hour Reasonably Available Control Technology – State Implementation Plan Analysis (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, 09/27/1995). 

This rule is subject to the CTG titled Control of Refinery Vacuum Producing Systems, 

Wastewater Separators and Process Unit Turnarounds (EPA-450/2-77-025 October, 1977). 

While this CTG specifically states applicability to petroleum refinery sources, the current rule 

does not specify the refinery industry, but applies instead to similar equipment. Although the 

refinery industry is nonexistent in the MDAQMD, Rule 464 has been incorporated in the SIP 

with additional applicability to 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, fugitive vapor leak violation limits, storage of skimmed oil and tar, 

recordkeeping, and test methods. The amendments are primarily 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. 
2 MDAQMD Rule 464 

Final Staff Report, 08/25/2014

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. 

III. STAFF RECOMMENDATION 

Staff recommends that the Governing Board of the Mojave Desert Air Quality Management 

District (District) adopt the proposed amendments to Rule 464 – Oil-Water Separators and 

approve the appropriate CEQA documentation. This action is necessary to satisfy 42 U.S.C. 

§§7511a (FCAA §182) which requires that ozone non-attainment areas implement RACT for 

sources that are subject to CTGs and for major sources of ozone precursors. 

The Governing Board of the Mojave Desert Air Quality Management District amended Rule 464 

– Oil-Water Separators on June 23, 2014. 
MDAQMD Rule 464 3

Final Staff Report, 08/25/2014 

IV. LEGAL REQUIREMENTS CHECKLIST 

The findings and analysis as indicated below are required for the procedurally correct 

amendment of Rule 464 – Oil-Water Separators. Each item is discussed, if applicable, in 

Section V. Copies of related documents are included in the appropriate appendices. 

FINDINGS REQUIRED FOR 

RULES & REGULATIONS:

 X Necessity 

 X Authority 

 X Clarity 

 X Consistency 

 X Nonduplication 

 X Reference 

 X Public Notice & Comment 

 X Public Hearing 

REQUIREMENTS FOR STATE 

IMPLEMENTATION PLAN 

SUBMISSION (SIP): 

 X Public Notice & Comment 

 X Availability of Document 

 X Notice to Specified Entities (State, Air 

Districts, USEPA, Other States) 

 X Public Hearing 

 X Legal Authority to adopt and implement the 

document. 

 X Applicable State laws and regulations were 

followed. 

ELEMENTS OF A FEDERAL 

SUBMISSION:

 X Elements as set forth in applicable Federal 

law or regulations. 

CALIFORNIA ENVIRONMENTAL QUALITY 

ACT REQUIREMENTS (CEQA): 

N/A Ministerial Action 

N/A Exemption 

 X Negative Declaration 

N/A Environmental Impact Report 

 X Appropriate findings, if necessary. 

 X Public Notice & Comment 

SUPPLEMENTAL ENVIRONMENTAL 

ANALYSIS (RULES & REGULATIONS ONLY): 

 X Environmental impacts of compliance. 

N/A Mitigation of impacts. 

N/A Alternative methods of compliance. 

OTHER: 

 X Written analysis of existing air pollution 

control requirements 

 X Economic Analysis 

 X Public Review 
4 MDAQMD Rule 464 

Final Staff Report, 08/25/2014 

V. DISCUSSION OF LEGAL REQUIREMENTS 

A. REQUIRED ELEMENTS/FINDINGS 

This section discusses the State of California statutory requirements that apply to the 

amendment of Rule 464. These are actions that need to be performed and/or information 

that must be provided in order to amend the rule in a procedurally correct manner. 

1. State Findings Required for Adoption of Rules & Regulations: 

Before adopting, amending, or repealing a rule or regulation, the District 

Governing Board is required to make findings of necessity, authority, clarity, 

consistency, non-duplication, and reference based upon relevant information 

presented at the hearing. The information below is provided to assist the Board in 

making these findings. 

a. Necessity: 

The amendment of Rule 464 is necessary to satisfy 42 U.S.C. 

§§7511a (FCAA §182) which requires that ozone non-attainment 

areas implement RACT for sources that are subject to CTGs and 

for major sources of ozone precursors. 

b. Authority: 

The District has the authority pursuant to California Health and 

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

and regulations. 

c. Clarity: 

The amendment of Rule 464 is clear in that the changes are written 

so that the persons subject to the rule can easily understand the 

meaning. 

d. Consistency: 

The amendment of Rule 464 is in harmony with, and not in 

conflict with or contradictory to any state law or regulation, federal 

law or regulation, or court decisions. 

e. Nonduplication: 

The amendment of Rule 464 does not impose the same 

requirements as any existing state or federal law or regulation 

because the District is amending this rule in response to federal 

VOC RACT requirements. 
MDAQMD Rule 464 5

Final Staff Report, 08/25/2014 

f. Reference: 

The District has the authority pursuant to H&S Code §40702 to 

adopt, amend or repeal rules and regulations. 

g. Public Notice & Comment, Public Hearing: 

Notice for the public hearing for the proposed amendment of Rule 

464 was published May 20, 2014. See Appendix “B” for a copy of 

the public notice. See Appendix “C” for copies of comments, if any, 

and District responses. 

2. Federal Elements (SIP Submittals, Other Federal Submittals). 

Submittals to USEPA are required to include various elements depending upon 

the type of document submitted and the underlying Federal law that requires the 

submittal. The information below indicates which elements are required for the 

amendment of Rule 464 and how they were satisfied. 

a. Satisfaction of Underlying Federal Requirements: 

The FCAA requires areas designated non-attainment and classified 

moderate and above to implement RACT for sources subject to 

CTG documents issued by USEPA for “major sources” of VOCs 

and NOx that are ozone precursors. Because the District has an 

existing SIP rule for this CTG category, the District committed to 

adopting an updated RACT rule for oil-water separators as part of 

the RACT SIP Analysis and supplement to the RACT SIP Analysis. 

USEPA approved SJVAPCD Rule 4625 – Wastewater Separators 

as a RACT rule on October 22, 2012 (77 FR 64427). SJVAPCD 

Rule 4625 was used as the basis for amendments to Rule 464 – 

Oil-Water Separators. 

b. Public Notice and Comment: 

Notice for the public hearing for the proposed amendment of Rule 

464 was published May 20, 2014. See Appendix “B” for a copy of 

the public notice. See Appendix “C” for copies of comments, if 

any, and District responses. 

c. Availability of Document: 

Copies of the proposed amendment of Rule 464 and the 

accompanying draft staff report were made available to the public 

on May 8, 2014. 
6 MDAQMD Rule 464 

Final Staff Report, 08/25/2014 

d. Notice to Specified Entities: 

Copies of the proposed amended Rule 464 and the accompanying 

draft staff report were sent to all affected agencies. The proposed 

amendments were sent to CARB and USEPA on May 8, 2014. 

e. Public Hearing: 

A public hearing to consider the proposed amendment of Rule 464 

was held on June 23, 2014. 

f. Legal Authority to Adopt and Implement: 

The District has the authority pursuant to H&S Code §40702 to 

adopt, amend, or repeal rules and regulations and to do such acts as 

may be necessary or proper to execute the duties imposed upon the 

District. 

g. Applicable State Laws and Regulations Were Followed: 

Public notice and hearing procedures pursuant to H&S Code 

§§40725-40728 have been followed. See Section (V)(A)(1) above 

for compliance with state findings required pursuant to H&S Code 

§40727. See Section (V)(B) below for compliance with the 

required analysis of existing requirements pursuant to H&S Code 

§40727.2. See Section (V)(C) for compliance with economic 

analysis requirements pursuant to H&S Code §40920.6. See 

Section (V)(D) below for compliance with provisions of the 

California Environmental Quality Act (CEQA). 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS 

H&S Code §40727.2 requires air districts to prepare a written analysis of all existing 

federal air pollution control requirements that apply to the same equipment or source type 

as the rule proposed for modification by the District. 

The FCAA requires areas designated non-attainment for ozone and classified moderate 

and above to adopt and maintain RACT rules to control the emissions of VOCs and NOx

for categories which the USEPA has adopted a CTG and for all categories where there 

are major stationary sources of air pollution (42 U.S.C. §7511a(b)(2), FCAA 182(b)(2)). 

For purposes of the FCAA, portions of the District have been designated non-attainment 

for ozone and classified severe-17. 

The MDAQMD has an oil-water separator rule which was approved as RACT into the 

SIP in 1995 (60 FR 49772, 09/27/1995). This rule is subject to the CTG titled Control of 

Refinery Vacuum Producing Systems, Wastewater Separators and Process Unit 

Turnarounds (EPA-450/2-77-025 October, 1977). While this CTG specifically states 

applicability to petroleum refinery sources, the current rule applies not only to the 
MDAQMD Rule 464 7

Final Staff Report, 08/25/2014 

refinery industry, but also to similar equipment. Since the refinery industry is 

nonexistent in the MDAQMD, Rule 464 only applies to the type of oil-water separators 

that exist in the District. The MDAQMD is proposing to update Rule 464 – Oil-Water 

Separators to reflect current RACT. The amendments are primarily 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. 

C. ECONOMIC ANALYSIS 

1. General 

RACT is defined as the lowest emissions limitation that a particular source is 

capable of meeting by the application of control technology that is reasonably 

available considering technological and economic feasibility (44 FR 53762, 

September 17, 1979). Rule 464 is equivalent to rules that were determined by 

USEPA to be RACT.1

 This determination by USEPA means that the provisions 

of Rule 464 are, by definition, cost effective. 

2. Incremental Cost Effectiveness 

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are 

required for rules and regulations which are adopted or amended to meet the 

California Clean Air Act requirements for Best Available Retrofit Control 

Technology (BARCT) or “all feasible measures” to control volatile compounds, 

oxides of nitrogen or oxides of sulfur. The amendment of Rule 464 is not subject 

to incremental cost effectiveness calculations because it does not involve BARCT 

or “all feasible measures”.

D. ENVIRONMENTAL ANALYSIS (CEQA) 

Through the process described below the appropriate CEQA process for the amendment 

of Rule 464 was determined. 

1. The amendment of Rule 464 meets the CEQA definition of “project”. 

They are not “ministerial” actions. 

2. The amendment of Rule 464 is exempt from CEQA review because it will 

not create any adverse impacts on the environment. Because there is no potential 

that the amendment might cause the release of additional air contaminants or 

create any adverse environmental impacts, a Class 8 categorical exemption (14 

 

1

 San Joaquin Valley Unified Air Pollution Control District Rule 4625 – Wastewater Separators as amended 

December 15, 2011 (77 FR 64427, October 22, 2012) and South Coast Air Quality Management District Rule 1176 

– VOC Emissions from Wastewater Systems as amended September 13, 1996 (67 FR 62376, 10/07/2002). 
8 MDAQMD Rule 464 

Final Staff Report, 08/25/2014 

Cal. Code Reg. §15308) applies. Copies of the documents relating to CEQA can 

be found in Appendix “D”. 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS 

1. Potential Environmental Impacts 

There are no potential adverse environmental impacts of compliance with the 

adoption of Rule 464. Rule 464 will impose additional controls on VOCs, seal 

tolerances, and control device efficiency.

2. Mitigation of Impacts 

N/A 

3. Alternative Methods of Compliance 

N/A 

F. PUBLIC REVIEW 

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix “B” 

VI. TECHNICAL DISCUSSION 

A. SOURCE DESCRIPTION 

This rule currently applies to any structure or system which collects process effluent 

water contaminated with oil or other petroleum products and recovers 760 liters (201 

gallons) a day or more of any petroleum products with a Reid vapor pressure of 25 mm 

Hg or greater. The proposed applicability has been changed for consistency with the 

SJVUAPCD rule applicability; although the reference to custody transfer has not been 

included as the District has no oil producers and does not anticipate these sources in the 

future. The District also added applicability for process units or containers used to store 

skimmed oil or tar from oil-water separators, as they are not part of an oil-water separator 

by definition, and there is a requirement for a control device for these storage devices. 

The current applicability has been moved to the exemption section ((D)(1)(b) and (c)). 

B. EMISSIONS 

The amendments to Rule 464 – Oil-Water Separators do not cause the release of 

additional air contaminants or create any environmental impacts. Control device 

efficiency has been increased, specific seal tolerances have been added, and fugitive 

vapor leak limits have been lowered which tighten rule stringency. 

C. CONTROL REQUIREMENTS 

Please see section (C) of the rule (Appendix A) for control requirements. 
MDAQMD Rule 464 9

Final Staff Report, 08/25/2014 

The amendments to Rule 464 – Oil-Water Separators do not cause the release of 

additional air contaminants or create any environmental impacts because all existing units 

in the District are below the applicability and only subject to recordkeeping to maintain 

the exemption. Section (C)(1)(a)(ii) proposes specific seal tolerances. Section 

(C)(1)(a)(iii) proposes increased overall control efficiency. Section (C)(1)(c) proposes 

control efficiency for process units or containers used for storage of skimmed oil or tar 

from oil-water separators. Section (C)(2)(a) proposes reduced fugitive vapor leak limits. 

D. PROPOSED RULE SUMMARY 

This section gives a brief overview of the proposed amendments to Rule 464. 

Section (A) Applicability has been updated. Size limitation has been moved to 

exemption section. 

Section (B) Definitions added for the following: Air flotation unit, Air Pollution 

Control Officer, California Air Resources Board, Operator, and United States 

Environmental Protection Agency. Definitions were modified for oil-water separator and 

Volatile Organic Compound. 

Section (C)(1)(a) Modified to specify that oil-water separators are not subject to 

applicability when gauging or sampling is taking place. 

Section (C)(1)(a)(ii) Modified to specify floating cover or double-deck type cover seal 

tolerances. 

Section (C)(1)(a)(iii) Overall control efficiency increased from 90% to 95% to meet 

RACT requirement from SJVUAPCD Rule 4625 §5.1.3. 

Section (C)(1)(c) Section added to cover oil or tar skimmed from oil-water 

separators charged to process units with feed or transferred to a container with a control 

system with at least a 90% control efficiency by weight. Added to meet RACT 

requirement from SJVUAPCD Rule 4625 §5.4. 

Section (C)(2)(a) Fugitive vapor leak violations have been reduced from 10,000 ppm 

to 500 ppm. The definition for Fugitive Vapor Leak (§(B)(9)) has also been updated for 

consistency. 

Section (D)(1)(b) and (D)(1)(c) Relocated from applicability section. The previous 

applicability exempted structures or systems collecting process effluent, recovering more 

than 760 liters per day, and collecting petroleum products with a RVP of 25 mm Hg or 

more. The way the exemption was proposed in the preliminary draft of the rule, it 

exclusively exempted systems collecting less than 760 liters with a RVP of 25 mm Hg or 

more. This proposed exemption, simply meant to restructure the previous applicability, 

actually excluded a large portion of the exemption as it was intended to be included. 

Splitting the volume and RVP into separate sections presents the exemption as intended. 
10 MDAQMD Rule 464 

Final Staff Report, 08/25/2014 

Section (F)(1)(b) Recordkeeping updated to be more comprehensive as set forth in 

South Coast Air Quality Management District Rule 1176 §(g)(C)(i) as recommended by 

USEPA in the TSD for SJVUAPCD Rule 4625, May 2012. 

Section (F)(3) Rule citations updated. 

Section (F)(4) Recordkeeping requirement updated from 2 years to five years. 

Section (G)(2) Test Method for “Determination of Exempt Compounds Content” 

removed as superfluous. If additional test methods are required, § (G)(4) has been added 

as a catch all. 

Section (G)(2) (renumbered) Test method title updated. 

Section (G)(3)(a) and (c) (renumbered) Additional test methods added from 

SJVUAPCD Rule 4625 §6.1.1 and §6.1.2. 

Section (G)(4) Provision added to allow the District to use the most recent 

approved test method and allow for use of other methods if necessary. 

E. SIP HISTORY 

1. SIP History. 

a. SIP in the San Bernardino County Portion of MDAQMD 

Rule 464 was originally adopted on May 7, 1976 by the Southern 

California Air Pollution Control District (So.Cal.APCD) which 

was created by a Joint Powers Agreement (JPA) between Los 

Angeles, Orange, Riverside and San Bernardino Counties to 

replace the previous countywide air pollution control districts for 

those counties. On February 1, 1977, pursuant to statute (Cal. 

Stats. 1976, Ch 324 p. 815) the South Coast Air Quality 

Management District (SCAQMD) was created with an initial 

jurisdiction that only included areas of Los Angeles, Orange, 

Riverside and San Bernardino Counties contained within the South 

Coast Air Basin (SCAB). Outlying areas remained under the So. 

Cal. APCD. Also on February 1, 1977 the California Air 

Resources Board (CARB) issued Executive Order G-73 (1977) 

which adopted a “rule book” for those non-SCAB areas of Los 

Angeles, Riverside and San Bernardino Counties. CARB 

submitted the G-73 rulebook on behalf of the “county” districts 

and these rule books included Rule 464. 

By its terms Executive Order G-73 (1977) was only effective until 

the non-SCAB areas took other action. On February 22, 1977 the 

JPA forming the So. Cal. APCD was formally dissolved. By the 

terms of the JPA upon dissolution each county would regain its 
MDAQMD Rule 464 11

Final Staff Report, 08/25/2014 

county air pollution control district with a jurisdiction of the nonSCAB areas of the county and the applicable rules being the 

SoCal.APCD’s rules in effect upon the date of dissolution. Thus, 

as of February 22, 1977 the version of Rule 464 for the San 

Bernardino County APCD (SBCAPCD) reverted from the G-73 

(1977) CARB version back to the original So.Cal.APCD May 7, 

1976 version. 

On July 25, 1977 the SBCAPCD readopted its rulebook including 

Rule 464. 

On July 1, 1993 the MDAQMD was formed pursuant to statute. 

Pursuant to statute it also retained all the rules and regulations of 

the SBCAPCD until such time as the Governing Board of the 

MDAQMD wished to adopt, amend or rescind such rules. The 

MDAQMD Governing Board, at its very first meeting, reaffirmed 

all the rules and regulations of the SBCAPCD. Rule 464 was 

subsequently amended on August 24, 1994 and SIP approved at 60 

FR 49772 (September 27, 1995). Since SIP revisions in California 

are adopted by USEPA as effective in areas which happen to be 

defined by both air basin designations and the jurisdictional 

boundaries of local air districts within those air basins, the 

MDAQMD “inherited” the SBCAPCD SIP which was in effect for 

what is now called the San Bernardino County Portion of MDAB. 

Therefore the SIP version of Rule 464 is the August 24, 1994 

amendment. 

b. SIP in the Riverside County (Blythe/Palo Verde Valley) Portion of 

the MDAQMD 

One of the provisions of the legislations which created the 

MDAQMD allowed areas contiguous to the MDAQMD 

boundaries and within the same air basin to leave their current air 

district and become a part of the MDAQMD. On July 1, 1994 the 

area commonly known as the Palo Verde Valley in Riverside 

County, including the City of Blythe, left SCAQMD and joined the 

MDAQMD. Since USEPA adopts SIP revisions in California as 

effective within the jurisdictional boundaries of local air districts, 

when the local boundaries change the SIP as approved by USEPA 

for that area up to the date of the change remains as the SIP in that 

particular area. Upon annexation of the Blythe/Palo Verde Valley 

the MDAQMD acquired the SIP prior to July 1, 1994 that was 

effective in the Blythe/Palo Verde Valley. Therefore, the SIP 

history for the Blythe/Palo Verde Valley Portion of the MDAQMD 

is based upon the rules adopted and approved for that portion of 

Riverside County by SCAQMD. 
12 MDAQMD Rule 464 

Final Staff Report, 08/25/2014 

SCAQMD Rule 464 - Wastewater Separators was adopted on May 

7, 1976 and subsequently amended September 1, 1978, April 6, 

1979, April 4, 1980, and December 7, 1990. The December 7, 

1990 amendment was SIP approved 62 FR 8171 (February 24, 

1997). 

2. SIP Analysis. 

The District will request CARB to submit the proposed amendment of Rule 464 to 

replace the SIP version in effect in the MDAQMD. The MDAQMD rule book 

version was amended August 24, 1994, which was subsequent to the annexation 

of the Blythe/Palo Verde Valley. The SIP approval for this action does not 

specifically cite inclusion of the Blythe/Palo Verde Valley, but the submission 

and approval were subsequent to the annexation. Also, while the SCAQMD SIP 

submission of Rule 464 was prior to the annexation, the approval was subsequent 

to the annexation and the approval does not mention the exclusion of the 

Blythe/Palo Verde Valley. This submission will be requested for both the San 

Bernardino County and Riverside portions of the MDAQMD. 

This submission is necessary to satisfy 42 U.S.C. §§7511a (FCAA §182) which 

requires that ozone non-attainment areas implement RACT for sources that are 

subject to CTGs and for major sources of ozone precursors 

Since there are previously existing SIP rules for this category the District will 

request that it be superseded. In order to replace existing SIP rules the District is 

required to show that the proposed amendments are not less stringent than the 

provisions currently in the SIP. Proposed amended Rule 464 is more stringent 

than the prior version in the SIP because it contains more stringent fugitive vapor 

control requirements. Specific seal tolerances are proposed, as well as increased 

control efficiency for control devices on oil-water separators and process units or 

containers used to store skimmed oil and tar. The limit for fugitive vapor leaks 

has been reduced. Recordkeeping requirements have also been strengthened as 

well as record retention time.
MDAQMD Rule 464 A-1

Final Staff Report, 08/25/2014 

Appendix “A”

Rule 464 – Oil-Water Separators Iterated Version 

The iterated version is provided so that the changes to an existing rule may be easily found. The 

manner of differentiating text is as follows: 

1. Underlined text identifies new or revised language. 

2. Lined out text identifies language which is being deleted. 

3. Normal text identifies the current language of the rule which will remain unchanged by 

the adoption of the proposed amendments. 

4. [Bracketed italicized text] is explanatory material that is not part of the proposed 

language. It is removed once the proposed amendments are adopted. 
A-2 MDAQMD Rule 464 

Final Staff Report, 08/25/2014 

This page intentionally left blank. 
(Adopted: 05/07/76; CARB Ex. Ord. G-73: 02/01/77; Readopted: 

07/25/77; Amended: 08/24/94; Amended: mm/dd/yy)

MDAQMD Rule 464 464-1

Oil-Water Separators 

D1: 05/21/14 

RULE 464 

Oil-Water Separators 

(A) General 

(1) Purpose: 

(a) The purpose of this rule is to reduce emissions of Vvolatile Oorganic 

Ccompounds (VOCs) from Ooil-Wwater Sseparators. 

(2) Applicability: 

(a) This rule applies to Oil-Water Separators including Air Flotation Units as 

defined in this rule, and process units or containers used to store skimmed 

oil or tar from Oil-Water Separators. any structure or system which 

collects process effluent water contaminated with oil or other petroleum 

products and recovers 760 liters (201 gallons) a day or more of any 

petroleum products with a Reid vapor pressure of 25 mm Hg (0.5 pound 

per square inch) or greater. [Derived from SJVUAPCD Rule 4625. Size 

limitation moved to exemption section (D)(1)(b).]

(B) Definitions 

For the purposes of this rule only, the following definitions shall apply: 

(1) “Air Flotation Unit” – Equipment used to remove suspended matter, both oil and 

solid, from water by dissolving air under pressure and then releasing the air at 

atmospheric pressure in a tank or basin. [Derived from SJVUAPCD Rule 4625 

§3.1.] 

(2) “Air Pollution Control Officer” (APCO) - The person appointed to the position of Air 

Pollution Control Officer of the District pursuant to the provisions of California 

Health & Safety Code §40750 and his or her designee. [Derived from MDAQMD 

Rule 1113.] 

(3) “California Air Resources Board (CARB)” - The California State Air Resources 

Board, the Executive Officer of CARB and his or her authorized representative, 

the powers and duties of which are described in Part 2 of Division 26 of the 

California Health & Safety Code (commencing with Section 39500). [Derived 

from MDAQMD Rule 1113.] 

(4) “Control Device” - Any device for reducing emissions of VOC to the atmosphere. 
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(52) “Effluent Water” - Any wastewater generated as a byproduct of industrial 

processes and containing dissolved, particulate organic materials. Consists of a 

mixture of water with a petroleum product, including but not limited to the 

following: gasoline, kerosene, distillate fuel oils, residual fuel oils and lubricants. 

(63) “Fixed Cover” - Any cover made out of metal(s), polymer(s) or other material, 

and installed in a permanent position over the liquid. 

(74) “Floating Cover” - Any cover made out of metal(s), polymer(s) or other material, 

which is in contact with a liquid surface at all times. 

(85) “Forebay” - That section of a gravity-type separator which (a) receives the 

untreated, contaminated Eeffluent Wwater from the preseparator flume, and (b) 

acts as a header which distributes the influent to the separator channels. 

(96) “Fugitive Vapor Leak (Leak)” - The detection of 10,000500 ppm or greater above 

background (expressed as methane), measured at the interface of the component 

using an appropriate hydrocarbon analyzer when sampling is performed according 

to the procedures specified in EPA Method 21. [Derived from BAAQMD Rule 8-

8-204 definition for “vapor-tight.”]

(107) “Non-Contact Water Cooling Systems” - Any system which involves the cooling 

of organic vapors via coolant injected through piping. There is no contact 

between the cooling fluid and the vapors being cooled. 

(118) “Oil-Water Separator” - Any device or piece of equipment, which utilizes the 

difference in density between oil or petroleum products and water to remove the 

oil or associated chemicals from the water, or any device, such as a flocculation 

tank, clarifier, etc. that removes petroleum-derived compounds from wastewater. 

[Definition updated to match SJVUAPCD Rule 4624 definition for “Wastewater 

Separator” more closely.] 

(12) “Operator” – Includes, but is not limited to, any person who owns, leases, 

supervises, or operates a facility and/or equipment. [Derived from SJVUAPCD 

Rule 4625 §3.7.]

(139) “Organic Materials” - Chemical compounds of carbon, excluding carbon 

monoxide, carbon dioxide, metallic carbides, metallic carbonates and ammonium 

carbonate. 

(140) “Organic Vapors” - Chemical compounds of carbon, excluding carbon monoxide, 

carbon dioxide, metallic carbides, metallic carbonates and ammonium carbonate 

in their gaseous state. 

(151) “Overall Control Efficiency” - Is tThe product of the capture efficiency multiplied 

by the control efficiency; the weight per unit time of VOC removed by a control 

device divided by the weight per unit time of VOC emitted by an emission source, 

expressed as a percentage. 
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(162) “Petroleum Products” - Any crude oil or oil distillate derived from tar sands, shale 

or coal, including, but not limited to gasoline, kerosene, distillate fuel oils, 

residual fuel oils and lubricants. 

(173) “Reid Vapor Pressure” - The absolute vapor pressure of volatile crude oil and 

volatile nonviscous petroleum liquids, except liquified petroleum gases, as 

determined by ASTM D 323-89. 

(18) “United States Environmental Protection Agency” (USEPA) - The United States 

Environmental Protection Agency, the Administrator of the USEPA and his or her 

authorized representative. [Derived from MDAQMD Rule 1113.]

(194) “Vapor Recovery System” - A vapor-gathering system capable of collecting VOC 

vapors and gases emitted during the operation of equipment. 

(2015) “Volatile Organic Compound (VOC)” - Any volatile compound containing at 

least one atom of carbon, excluding methane, carbon monoxide, carbon dioxide, 

carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and 

those compounds listed in 40 CFR 51.100(s). containing at least one atom of 

carbon, except for the following: [Derived from MDAQMD Rule 1113 for 

consistency.] 

methane 

carbon monoxide, 

carbon dioxide, 

carbonic acid, 

metallic carbides or carbonates, 

ammonium carbonate, 

1,1,1-trichloroethane, 

methylene chloride, 

trichlorofluoromethane (CFC-11), 

dichlorodifluoromethane (CFC-12), 

chlorodifluoromethane (HCFC-22), 

trifluoromethane (HFC-23) 

1,1,1- trichloro-2,2,2-trifluoroethane (CFC-113), 
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1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114), 

chloropentafluoroethane (CFC-115), 

2,2-dichloro-1,1,1-trifluoroethane (HCFC-123), 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC 124), 

pentafluoroethane (HFC-125), 

1,1,2,2-tetrafluoroethane (HFC-134), 

1,1,1,2-tetrafluoroethane (HFC-134a), 

1,1-dichloro-1-fluoroethane (HCFC-141b), 

1-chloro-1,1-difluoroethane (HCFC-142b), 

1,1,1-trifluoroethane (HFC-143a), 

1,1-difluoroethane (HFC-152a), 

and the following four classes of perfluorocarbon (PFC) compounds: 

(i) cyclic, branched, or linear, completely fluorinated alkanes, 

(ii) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations, 

(iii) cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations, and 

(iv) saturated perfluorocarbons containing sulfur with sulfur bonds only to carbon and 

fluorine. 

(C) General Requirements 

(1) Fugitive Vapor Control Devices 

(a) A person shall not use any Ooil-Wwater Sseparator subject to the 

provisions of Section (A)(2), unless it has been equipped with one of the 

following vapor loss control devices, except when gauging or sampling is 

taking place: 

(i) A Ffixed Ccover with all openings sealed and totally enclosing the 

liquid contents of the compartment, except for such breathing vents 

as are structurally necessary; or 

(ii) Aa Ffloating Ccover or double-deck type cover, equipped with 

with closure seals that have no holes or tears, installed and 
MDAQMD Rule 464 464-5

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maintained so that gaps between the compartment wall and seal 

shall not exceed one-eighth inch for an accumulative length of 97 

percent of the perimeter of the tank, and shall not exceed one-half 

inch for an accumulative length of the remaining three percent of 

the tank. No gap between the compartment wall and the seal shall 

exceed one-half inch; to enclose any space between the cover's 

edge and compartment wall or

(iii) Route all vapors to a Ccontrol Ddevice with an Ooverall Ccontrol 

Eefficiency (collection and control efficiencies) of at least 950

percent by weight of VOCs, measured according to the test method 

specified in Section (G)(34). [Overall control efficiency increased 

to meet RACT limit in SJVUAPCD Rule 4625 §5.1.3. Updated rule 

citation.]

(b) Any oil-water separator subject to this rule shall provide the following 

vapor loss control device: 

(i) Aa Ffixed Ccover for all Fforebays, such that no liquid surface is 

exposed to the atmosphere.

(c) Skimmed oil or tar removed from Oil-Water Separators shall be either 

charged to process units with feed or transferred to a container with a 

control system with at least 90 percent control efficiency by weight. A 

Control Device must be under District permit. [Control efficiency added to 

meet RACT requirement in SJVUAPCD Rule 4625 §5.4.]

(2) Requirements for Covers 

(a) Covers for oil-water separators shall meet the following requirements: 

(i) The cover material shall be impermeable to VOCs, and free from 

holes or openings. 

(ii) Any gauging or sampling devices on the compartment cover shall 

be covered. The latter cover shall be kept closed, with no visible 

gaps between the cover and the compartment, except when the 

sampling device is being used. 

(iii) Hatches on covers shall be kept closed and free of gaps, except 

when opened for inspection, maintenance or repair. 

(iv) The perimeter of a cover, except for a Ffloating Ccover, shall form 

a seal free of gaps with the foundation to which it is installed. 

(3) Fugitive Vapor Leak Monitoring 

(a) When an instrument reading of 10,000500 parts per million [(ppm)] or 

greater is measured, a leak has been detected and the reading shall 

constitute a violation of this rule. [Updated for RACT.]
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(D) Exemptions 

(1) The provisions of this rule shall not apply to:

(a) Ssegregated storm water runoff drain systems or to non-contact cooling 

water systems, where applicable.

(b) Any system which collects and processes effluent or process water 

contaminated with oil or other petroleum products and recovers less than 

760 liters (201 gallons) a day or more of oil or other petroleum products 

(c) Oils, tars and petroleum products with a Reid Vapor Pressure of less than 

25 mm Hg (0.5 pound per square inch). 

[(D)(1)(b) and (c) relocated from applicability section and separated to address 

comment from Searles Valley Minerals of 4/9/14.]

(E) Monitoring 

(1) Monitoring for Ffugitive Vvapor Lleaks shall be performed on a monthly basis 

and in accordance to test method specified in Section (G)(1). Monitoring records 

shall be kept on file as prescribed in Section (F)(1). 

(2) Monitoring of the control device shall be performed on an annual basis and in 

accordance to the test method specified in Section (G)(4). 

(F) Record Keeping 

(1) A log of the monthly leak inspection shall be kept on file at the facility. The log 

shall record, at a minimum, the following information: 

(a) Date of the inspection. 

(b) Findings, (statement of no leaks or the location, nature and severity of the 

leak(s)) including instrument readings.Documentation of all written or 

machine recorded operator inspections, VOC measurements including 

corresponding background levels, source tests, repairs, replacements, and 

reinspection records. [Updated to more comprehensive recordkeeping 

requirements in SCAQMD Rule 1176 §(g)(C)(i).]

(c) Leak determination method (shall be in accordance to the test method 

specified in Section (G)(1), using an appropriate hydrocarbon analyzer). 

(d) Corrective action (date of leak repair and a written justification for any 

repair interval in excess of 15 calendar days). 
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(e) Inspector's name and signature. 

(2) Any person using an emission control device/system pursuant to Section (C)(1) as 

a means of complying with provisions of this rule shall maintain records of key 

system operating and maintenance data for the purpose of demonstrating 

continuous compliance during periods of emission producing activities. The data 

shall be recorded in a manner as prescribed by the District. 

(3) Any facility claiming exemption pursuant to Sections (D)(1)(a) or (DA)(12)(b) of 

this rule shall keep records to substantiate the claimed exempt status. [Rule 

citations updated.]

(4) Any record required or produced pursuant to this rule shall be retained on site for 

a minimum of two five (5) years and shall be made available to the APCO upon 

request. [Updated to meet SJVUPACD Rule 4625 §6.2.3.]

(G) Test Methods For Compliance Verification 

A violation determined by any one of these test methods shall constitute a violation of the 

rule: 

(1) Fugitive Vapor Leaks - Detection of VOCs - EPA Method 21 shall be used to 

determine compliance with this rule in regards to fugitive or VOC leaks. 

Instrument shall be calibrated with Method 21 using zero air (less than 10 parts 

per million ([ppm)] of hydrocarbon in air) with a mixture of methane or n-hexane. 

(2) Determination of Exempt Compounds Content - Determination of the content of 

exempt compounds in solvents or any diluents shall be determined by ASTM D 

4457-85. Perfluorocarbon compounds shall be assumed to be absent from a 

product or process unless a manufacturer or facility operator identifies the specific 

individual compounds (from the broad classes of perfluorocarbon compounds) 

and the amounts present in the product or process and identifies a validated test 

method which can be used to quantify the specific compounds. [Removed test 

method as superfluous. If test method for determination of exempt compounds is 

needed, it can be determined under §(G)(4).]

(23) Determination of Reid Vapor Pressure - Shall be determined by measuring the 

Reid Vapor pressure in accordance with Test Method for Vapor Pressure for 

Petroleum Products (Reid Method), ASTM D 323-82 (April 8, 1987). 

(34) Control Device Efficiency - Determining the destruction or removal efficiency of 

a control device shall be: 

(a) Ffor systems utilizing add-on control equipment, EPA Method 25 or 25A, 

as applicable and analysis of halogenated exempt compounds shall be by 

ARB Method 22. [Additional test method from SJVUAPCD Rule 4625 

§6.1.1.]
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(b) Ffor incinerators or catalytic incinerators, EPA Method 25, unless the 

concentration of VOC in the outlet stream is below 50 ppm as carbon, in 

which case EPA Method 25A shall be used.

(c) Where add-on control equipment is utilized, collection efficiency shall be 

determined by EPA document “Model Regulatory Language for Capture 

Efficiency Testing,” August 3, 1990. [Derived from SJVUAPCD Rule 

4625 §6.1.2.] 

(4) Any applicable alternative test method may be used so long as such method has 

been approved by USEPA, CARB and the APCO. [Derived from AVAQMD Rule 

1124 §(E)(3)(f). This provision allows the District to use the most recent 

approved ASTM method and allows use of other official test methods if 

necessary.]

[SIP: See SIP Table at 

http://www.mdaqmd.ca.gov/Modules/ShowDocument.aspx?documentid=45 ] 

[SIP: Approved 9/27/95, 60 FR 49722, 40 CFR 52.220(c)(202)(i)(D)(1); Approved 9/8/78, 43 

FR 40011, 40 CFR 52.220(c)(39)(iv)(C); Approved 6/14/78, 43 FR 25684, 40 CFR 52.220 

(c)(32)(iv)(A)]
MDAQMD Rule 464 B-1 

Final Staff Report, 08/25/2014 

Appendix “B” 

Public Notice Documents 

1. Proof of Publication – Daily Press 

2. Proof of Publication – Riverside Press Enterprise 
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MDAQMD Rule 464 B-3 

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NOTICE OF HEARING 
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MDAQMD Rule 464 C-1 

Final Staff Report, 08/25/2014

Appendix “C” 

Public Comments and Responses 

1. USEPA comments on preliminary draft, April 23, 2014 

2. Searles Valley Minerals comment, 04/09/2014 

3. USEPA “No Comment” letter, May 30, 2014 

4. CARB “No Comment” letter, June 6, 2014 
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1 

2 

4 

3 

7 

8 

6 

5 

Comment 1 – USEPA, April 23, 2014 
C-4 MDAQMD Rule 464 

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District Response to comment letter 1 

1. The reference to custody transfer as referenced in SJVUAPCD Rule 4625 §2.0 in has not 

been included as the District has no oil producers, and custody transfer references the physical 

and contractual ownership transfer of produced fluids from an oil producer to another entity 

(SJVUAPCD Rule 4625 §3.4). 

2. Leak detection limit has been lowered to 500 ppm in definition (B)(9) and Section 

(C)(3)(a).. 

3. Updated definition of oil-water separator includes “Any device or piece of equipment, 

which utilizes the difference in density between oil or petroleum products and water to remove 

the oil or associated chemicals from the water, or any device, such as a flocculation tank, 

clarifier, etc. that removes petroleum-derived compounds from wastewater.” The applicability 

was also amended to include air flotation units. 

4. Thank you for comment. No response necessary. 

5. Leak detection limit has been lowered to 500 ppm in definition (B)(9) and Section 

(C)(3)(a). 

6. Exemption was revised for clarity. This exemption was the prior applicability. 

7. Thank you for comment. No response necessary. 

8. Thank you for comment. No response necessary. 

 
MDAQMD Rule 464 C-5 

Final Staff Report, 08/25/2014

 

Comment 2 – SVM, May 13, 2014 

1 

2 
C-6 MDAQMD Rule 464 

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District Response to comment letter 2 

1. As suggested, proposed section (D)(1)(b) has been modified to address the volume 

portion of the exemption, with the RVP reference being moved to new section (D)(1)(c). 

2. As suggested, proposed section (D)(1)(c) has been added to address RVP separately. 

The previous applicability exempted structures or systems collecting process effluent, recovering 

more than 760 liters per day, and collecting petroleum products with a RVP of 25 mm Hg or 

more. The way the exemption was proposed in the preliminary draft of the rule, it exclusively 

exempted systems collecting less than 760 liters with a RVP of 25 mm Hg or more. This 

proposed exemption, simply meant to restructure the previous applicability, actually excluded a 

large portion of the exemption that was intended to be included. Splitting the volume and RVP 

into separate sections presents the exemption as intended. 

 
MDAQMD Rule 464 C-7 

Final Staff Report, 08/25/2014

 

Comment 3 – USEPA, May 13, 2014 
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District Response to comment letter 3 

No response required. 

 
MDAQMD Rule 464 C-9 

Final Staff Report, 08/25/2014

 

Comment 4 – CARB, June 6, 2014 
C-10 MDAQMD Rule 464 

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District Response to comment letter 4 

No response required.
MDAQMD Rule 464 D-1 

Final Staff Report, 08/25/2014 

Appendix “D” 

California Environmental Quality Act 

Documentation 

1. Notice of Exemption – San Bernardino County 

2. Notice of Exemption – Riverside County 
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MDAQMD Rule 464 E-1 

Final Staff Report, 08/25/2014

Appendix “E” 

Bibliography

The following documents were consulted in the preparation of this staff report. 

1. SJVUAPCD Rule 4625 – Wastewater Separators, 12/15/11 

2. TSD for SJVUAPCD Rule 4625 (May 2012) 

3. BAAQMD Regulation 8, Rule 8 – Wastewater (Oil-Water) Separators, 6/15/94 

4. SCAQMD Rule 1176 – VOC Emissions from Wastewater Systems, 9/13/96 

5. TSD for SCAQMD Rule 1176, July 25, 2002 

6. SCAQMD Rule 464 – Wastewater Separators, 12/7/90

7. Control of Refinery Vacuum Producing Systems, Wastewater Separators and Process 

Unit Turnarounds, EPA-450/2-77-025, October 1977. 
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