Judith G. Case 

Supervisor, Fresno County 

Ronn Dominici 

Supervisor, Madera County 

Henry Jay Forman, Ph.D. 

Appointed by Governor 

Randy Miller 

Mayor, City of Taft 

William O'Brien 

Supervisor, Stanislaus County 

Leroy Ornellas 

Supervisor, San Joaquin County 

Chris Vierra 

Mayor, City of Ceres 

Hub Walsh 

Supervisor, Merced County 

Raymond A. Watson 

Supervisor, Kern County 

Vacant 

Small City Representative, Kings County 

Vacant 

Large City Representative, Tulare County 

Vacant 

Appointed by Governor 

Seyed Sadredin 

Executive Director 

Air Pollution Control Officer 

Northern Region Office 

4800 Enterprise Way 

Modesto, CA 95356-8718 

1209) 557-6400 • FAX 12091557-6475 

Central Region Office 

1990 East Gettysburg Avenue 

Fresno, CA 93726-0244 

15591230-6000 • FAX 15591230-6061 

Southern Region Office 

34946 Flyover Court 

Bakersfield, CA 93308-9725 

16611392-5500 • FAX (661) 392-5585 

HEALTHY AIR LIVING' 

San Joaquin Valley 

AIR POLLUTION CONTROL DISTRICT 

GOVERNING BOARD 

J. Steven Worthley, Chair 

Supervisor, Tulare County 

Ann Johnston, Vice Chair 

Mayor, City of Stockton 

Tony Barba 

Supervisor, Kings County 

DATE: August 18, 2011 

TO: SJVUAPCD Governing Board 

FROM: Seyed Sadredin, Executive Director/APCO 

Project Coordinator: Errol Villegas 

RE: STATE IMPLEMENTATION PLAN (SIP) SUBMITTAL 

AMENDMENT FOR RULE 4694 (WINE FERMENTATION 

AND STORAGE TANKS) 

RECOMMENDATIONS: 

1. Approve the State Implementation Plan (SIP) submittal 

amendment to request EPA approval of only the wine storage 

provisions of Rule 4694 (Wine Fermentation and Storage Tanks). 

2. Authorize the Chair to sign the attached resolution. 

BACKGROUND: 

Your Board adopted District Rule 4694 (Wine Fermentation and 

Storage Tanks) on December 15, 2005. The District submitted the 

adopted rule to the California Air Resources Board (ARB) for 

inclusion in the State Implementation Plan (SIP), which was 

subsequently submitted by ARB to the federal Environmental 

Protection Agency (EPA) for approval. 

During their extended review of Rule 4694, based on information 

provided by the District, EPA concurred that there are, at present or 

in the foreseeable future, likely no reasonably available control 

technologies to reduce VOC emissions during the wine fermentation 

process. However, due to the lack of control technologies to reduce 

VOC emissions from wine fermentation operations, the District 

included provisions in Rule 4694 for an alternative compliance 

approach to obtain emission reductions from other sources. Under 

these provisions, winery operations have achieved significant early 

reductions from other operations under their control. Even though 

these provisions have resulted in additional emissions reductions, 

www.valleyair.org 
SJVUAPCD Governing Board 

STATE IMPLEMENTATION PLAN (SIP) SUBMITTAL AMENDMENT FOR RULE 4694 (WINE 

FERMENTATION AND STORAGE TANKS) 

August 18, 2011 

EPA has expressed concern over including them in the SIP because they may not 

conform to EPA's specific guidance concerning economic incentive programs. 

To address EPA's concerns, the District proposes to amend its original SIP submittal by 

withdrawing the wine fermentation provisions of Rule 4694 for consideration and SIP 

inclusion, as recommended by EPA. The requirements will still remain a part of the 

District rule, but would not be officially included in the SIP. The attached resolution 

documents the amendment and includes a copy of Rule 4694 with all wine fermentation 

provisions represented as strike-out text. 

DISCUSSION: 

The District's 2003 PM10 Plan and 2004 Extreme Ozone Attainment Demonstration 

Plan, for 1-hour ozone, identified the need to address emissions of volatile organic 

compounds (VOC) from wine fermentation and wine aging processes in the San 

Joaquin Valley. As such, the District developed and adopted Rule 4694 to reduce VOC 

emissions resulting from wine fermentation and the storage of bulk wine, culminating in 

final adoption on December 15, 2005. 

As adopted, this innovative rule requires operators of wineries subject to the rule to 

reduce baseline fermentation emissions by 35 percent, which is beyond the minimum 

RACT requirements, or achieve equivalent reductions from alternative sources. 

Emissions reductions could come from any combination of the following sources: (a) 

control of fermentation emissions; (b) control of surplus emissions, either oxides of 

nitrogen (N0x) or VOC, from alternative sources; or (c) payment into a District-managed 

Air Quality Impact Mitigation Fund, the funds of which would be used by the District to 

obtain emissions reductions within in the Valley. This rule is the only one of its kind in 

the United States. 

During its review of Rule 4694, EPA determined that there is likely no RACT for 

controlling emissions from wine fermentation. Also, the alternative equivalent reduction 

requirements would not be federally enforceable and should not be included in the SIP. 

However, EPA does acknowledge the viability of controlling VOC emissions from the 

bulk storage of wine. As such, EPA indicated that they would likely issue a limited 

approval/disapproval of Rule 4694 as originally submitted. Through this SIP submittal 

amendment for Rule 4694, the District will request EPA action on the portions of the rule 

that meet EPA requirements for federal enforceability and for which there are RACT. 

Although the wine fermentation provisions of Rule 4694 will be withdrawn from EPA 

consideration, the entire, as-adopted Rule 4694 (including fermentation provisions) will 

remain in effect within the San Joaquin Valley. While the wine fermentation provisions 

will remain locally enforceable, only the wine storage provisions will be included in the 

SIP and federally enforceable. 

2 
SJVUAPCD Governing Board 

STATE IMPLEMENTATION PLAN (SIP) SUBMITTAL AMENDMENT FOR RULE 4694 (WINE 

FERMENTATION AND STORAGE TANKS) 

August 18, 2011 

Once approved by the Governing Board, the District will submit the SIP amendment 

resolution and strike-out version of Rule 4694 to ARB as a SIP submittal amendment for 

subsequent submittal to EPA for approval. 

Environmental Impacts 

District staff does not expect the proposed SIP submittal amendment for Rule 4694 to 

change the meaning of the current rule nor the District's enforcement of all the 

previously adopted portions of Rule 4694. As such, the action requested will cause no 

direct physical change in the environment, nor a foreseeable indirect physical change in 

the environment. Therefore, adopting the SIP submittal amendment for Rule 4694 is 

not considered a "project" under CEQA section 21065 and an environmental impact 

analysis is not required. 

Public Review Process 

The District published notice of the public hearing for the proposed SIP submittal 

amendment in general circulation newspapers in each of the eight Valley counties. The 

District also posted the public notice and copy of the strikeout version of Rule 4694 on 

the District Website. The public notice solicited written comments, and identified the 

name and telephone numbers of District staff for additional information and comment 

response. The District received no public comments regarding the SIP submittal 

amendment to Rule 4694. 

FISCAL IMPACT: 

District staff expects no fiscal impact to the District resulting from this action. 

Attachments: Attachment A: Resolution for State Implementation Plan SIP Submittal Amendment for 

Rule 4694 (Wine Fermentation and Storage Tanks (4 pages) 

Attachment B: Strike-out Version of Rule 4694 (18 pages) 

3 
SJVUAPCD Governing Board 

STATE IMPLEMENTATION PLAN (SIP) SUBMITTAL AMENDMENT FOR RULE 4694 (WINE 

FERMENTATION AND STORAGE TANKS) 

August 18, 2011 

San Joaquin Valley Unified Air Pollution Control District 

Meeting of the Governing Board 

August 18,2011 

STATE IMPLEMENTATION PLAN (SIP) SUBMITTAL AMENDMENT FOR 

RULE 4694 (WINE FERMENTATION AND STORAGE TANKS) 

Attachment A: 

Resolution for SIP Submittal Amendment for Rule 4694 

(4 Pages) 




SJVUAPCD Governing Board 

STATE IMPLEMENTATION PLAN (SIP) SUBMITTAL AMENDMENT FOR RULE 4694 (WINE 

FERMENTATION AND STORAGE TANKS) 

August 18, 2011 

San Joaquin Valley Unified Air Pollution Control District 

Meeting of the Governing Board 

August 18, 2011 

STATE IMPLEMENTATION PLAN (SIP) SUBMITTAL AMENDMENT FOR 

RULE 4694 (WINE FERMENTATION AND STORAGE TANKS) 

Attachment B: 

Strike-out Version of Rule 4694 

(18 Pages) 
from the fermentation and bulk storage of wine s atRie-HORS-FFE*19 

3.3.2 or Section 3.3.3. 

he BFE sF EH-143 

RULE 4694 WINE FERMENTATION AND STORAGE TANKS (Adopted December 15, 

2005) 

1.0 Purpose 

The purpose of this rule is to reduce emissions of volatile organic compounds (VOC) 

2.0 Applicability 

This rule applies to any winery fermenting-wine-and/of storing wine in bulk containers. 

3.0 Definitions 

3.1 Air Pollution Control Officer (APC0): as defined in Rule 1020 (Definitions). 

3.2 Air Resources Board (ARB or CARB) as defined in Rule 1020 (Definitions). 

y UFE 

BFE 

CY 

Where, 

BFE — Baseline Fermentation Emissions 

for-a-given-Baseline-Peried 

CV — The number of consecutive years used to establish the 

BFE for a given Baseline Period 

data, 

SJVUAPCD 4694 - 1 12/15/2005 
DRIED* 

3.8 Certified Emissions Reductions (CER): the reduction of VOC or NOx 

APCO. 

3.9 Combined Capture and Control Efficiency (CCCE): the percent reduction in 

DO DV fl 

as follows: 

CCCE —%CSE X %CDE 

Where7 

CCCE— Combined Capture and Control Efficiency 

%CSE — Capture System Efficiency, as established in the Permit To 

Operate 

%CDE — Control Device Efficiency as established in the Permit To 

Operate 

SJVUAPCD 4694 - 2 12/15/2005 
device. 

degrees Brix, or less. 

FER — (Qs x EF) 1 ton x CCCE 

1,000 gal x2,000 lb 

Where, 

FER — Fermentation Emission Reduction 

Volume of must, in gallons, fermcntcd into red wine or white 

Emissions Factor for the type of wine being fermented in the 

white wine 

CCCE — Combined Capture and Contfel Efficiency of the VOC emissions 

eentfel-s ystefn 

3.18 Gas Leak: a reading in excess of 1,000 ppmv, above background, measured on 

a portable hydrocarbon detection instrument that is calibrated with methane. 

3.19 Gas-Tight: a condition without a gas leak. 

EF 

SIVUAPCD 4694 - 3 12/15/2005 
a_12 a 

LLTI17111.7 

Where, 

pis-Reck] 

3.20 Higher Heating Value (hhv): the total heat liberated per mass of fuel burned 

standard conditions. 

3.21 Must: any unfermented juice or mixture of juice, pulp, skins, and seeds 

prepared from grapes or other fruit. Must fermented to produce white wines is 

considered to be juice. Must fermented to produce red wines is considered to be 

a mixture of juice and solids, such as pulp, skins, and seeds. 

3.22 Operator: includes but is not limited to any person who leases, supervises, or 

operates equipment, in addition to the normal meaning of ownership. 

3.23 Potential To Emit: as defined in District Rule 2201 (New and Modified 

3.25 Required Annual Emissions Reductions (RAER): the sum of all emission 

follows: 

RAER — E FER + E CER + E DOER 

+-Re& 

dufing-the-calendar-year 

otainea Dv [El 

year 

SJVUAPCD 4694 - 4 12/15/2005 
3.27 Storage Tank: any container having an internal volume greater than 250 

gallons, used to hold wine. 

air quality plan. 

3.29 Tank: any vessel, with a volume greater than 250 gallons, used as-a-fefraenter 

of-as a storage tank. 

3.30 Time Of Use: the date on which an emission reduction is received by the 

l_a_winept,s__Thft 

Bmehanee-Derner 

ealeulated-as-fellews+ 

UFE — (Qred gal/yr x 6.2 1b)+(Qwnite gal/yr x 2.5 lb) x1 ton 

2,000 lb 

Where, 

UFE — Uncontrolled Fermentation Emissions 

— • • . - . - - • : : . - 

calendar year 

calendar year 

3.32 US EPA: the United States Environmental Protection Agency. 

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

3.35 Wine: the liquid product obtained from fermented must. 

3.36 Winery: a facility used to produce and/or store wine. 

1,000 gal 

1=1 

SJVUAPCD 4694 - 5 12/15/2005 
4.0 Exemptions 

4.2 Section 5.2 shall not apply to storage tanks constructed primarily of concrete or 

wood. 

5.0 Requirements 

5.1 Fermentation Tanks 

DPeFE 

ERAE 

(BFE). 

5.2 Storage Tanks 

Operators of any wine storage tank having an internal volume equal to or 

greater than 5,000 gallons shall comply with all of the following requirements 

when storing wine: 

5.2.1 The tank shall be equipped and operated with a pressure-vacuum relief 

valve meeting all of the following requirements: 

5.2.1.1 The pressure-vacuum relief valve shall operate within 10% of 

the maximum allowable working pressure of the tank, 

5.2.1.2 The pressure-vacuum relief valve shall operate in accordance 

with the manufacturer's instructions, and 

5.2.1.3 The pressure-vacuum relief valve shall be permanently 

labeled with the operating pressure settings. 

5.2.1.4 The pressure-vacuum relief valve and storage tank shall 

remain in a gas-tight condition except when the operating 

pressure of the tank exceeds the valve set pressure. A gastight condition shall be determined by measuring the gas leak 

in accordance with the procedures in EPA Method 21. 

SJVUAPCD 4694 - 6 12/15/2005 
5.2.2 The temperature of the stored wine shall be maintained at or below 75° 

Fahrenheit. 

5.2.2.1 Temperature of the stored wine shall be determined and 

recorded at least once per week. 

5.2.2.2 For each batch of wine, operators shall achieve the storage 

temperature of 75°F or less within 60 days after completing 

fermentation. 

6.0 Administrative Requirements 

6.1 Three year Compliance Plan 

By no later than December 1, 2006, and every three years thereafter, each 

period. The Three year Compliance Plan shall include the following 

information: 

N-afrle-af1G-aEWITE 

options: 

6.1.5.1 Fermentation Emission Reduction (FER): Reductions of 

SJVUAPCD 4694 - 7 12/15/2005 
aFREIHE LIGE 

- Volume of fling7 in gallons, 

following information: 

6.1.5.1.1 Calculation of FER for each controlled 

using-the-fellowing÷ 

(Q x EF) 1 ton FER- x CCCE 

1,000 gal 2,000 lb 

Where, 

mitec 

in-the-eontfelled-tank 

EF - Emissions Factor for the type of wine 

tank. EF equals 6.2 lb for red wine, 

and 

CCCE - Combined Capture and Control 

Efficiency of the VOC emissions 

control system 

6.1.5.1.2 Reductions in annual emissions from wine 

fermentation resulting from changes in 

rouu E4-1;-14 

or result in CER. 

6.1.5.2.1 CER shall have an emissions reduction duration 

equal to the approved life of the emission 

reduction activity, provided that the CER is 

SJVUAPCD 4694 - 8 12/15/2005 
Ed' Fief-HEM EtHOW-Hig 

6.1.5.2.2 An emission reduction activity that loses CER 

6.1.5.2.3 For each CER source the Three Year 

information: 

6.1.5.2.3.1 Details of the CER to be 

: • -4, ' • • • • 

date and duration of the CER; 

emissions reductions to be 

achieved per unit of 

CER; and a plan for monitoring 

EtEl-E 

6.1.5.2.3.2 The Permit To Operate number 

for permitted sources of CER. 

The CER shall be made 

Bfeeallie-aS-One-ef-mer-e-RE 

conditions that establish the 

6.1.5.2.3.3 • . 

permitted sources of CER. This 

rule is part of the San Joaquin 

the Federal Clean Air Act, 42 

U.S.C. 7604. The CER shall be 

made enforceable by a legally 

binding contract between the 

operator of the winery, the 

and the District. All contracts 

SJVUAPCD 4694 - 9 12/15/2005 
executed to comply with the 

provisions of this rule shall 

monitoring 

6.1.5.2.3.4 If the emission source operates 

exclusively on the Winery 

Dr.rn;va 

a ratio of 1.0 ton CER per 1.0 ton 

6.1.5.2.3.5 If the emission source is not 

operated exclusively on the 

Winery Premises during the 

aFF11+1-1-afiee-DeR043 

be offset at a ratio of 1.2 ton CER 

emissions. 

following information: 

6.1.5.3.1 The amount of requested DOER. DOER shall be 

calculated-as-follows+ 

DOER — RAER - E CER - E FER 

Where, 

DOER — The amount of District Obtained 

Emission4?cedoetions, 

RAER — 35% of the operator's Baseline 

SJVUAPCD 4694 - 10 12/15/2005 
Flee 

Z-CER — Sumof all CER tobe obtained by 

the operator. 

IFER— Sum of all FER to be achieved by 

the operator. 

6.1.5.3.2 The payment amount for DOER shall be an 

obtaining emission reductions having an 

6.1.5.3.3 Paymentshall calculated as follows: 

IOIMF= DOER 

Where, 

AQIMF — Air Quality Impact Mitigation 

Fund payment. 

DOER — District Obtained Emissions 

Reductions. 

FR — Fund Rate.As of January1, 

at$11,778 per ton. 

AF — District's administrative fee. As 

of January 1, 2006, the 

afiffti-E sianiisneu 

1.01. 

6.1.5.3.1 Beginning January1, 2007, theFund Rate and 

the first yearin theapplicable compliance 

period. For the Three Year -Compliance Plan 

than March1, 2007. 

SJVUAPCD 4694 - 11 12/15/2005 
yeaf-of-theit-geneFation, 

6.2 Three Year Compliance Plan Verification 

DO7and-e Boer-a+e 

shall submit to the District a Three Year Compliance Plan Verification that 

conditions, 

at-NOIMF-navineil 

-Plan-14enicn9 

SJVUAPCD 4694 - 12 12/15/2005 
prior calendar 

6.3.6 If theUFE is less than or equal to the BFE, the operator shall 

the demonstration. 

CER orDOER. 

6.4 Monitoring and Recordkeeping 

Commencing January 1, 2007, the following records shall be maintained, 

retained on-site for a minimum of five years, and made available to the APCO 

upon request: 

6.4.1.1 Total gallons ofmust fermented, 

SJVUAPCD 4694 - 13 12/15/2005 
DUE FEH3ii ae_12_a 

eLL EI-€ 

an-Redt 

6.4.2 For each storage tank, operators shall record the following information 

on a weekly basis: 

6.4.2.1 Total gallons of wine contained in the tank, and 

6.4.2.2 Maximum temperature of the stored wine. 

4neratc 

demonstrate compliance. 

program.The APCO may adjust thc costof reductions according to the 

following process: 

6.5.1.1 The cost effectiveness of projects funded to date; 

6.5.1.2 The rule effectiveness of achieving the required emission 

recluetions-te-date+-and 

real.] 

kifiefl-al-leagt-ene-M119 ROE 

SJVUAPCD 4694 - 14 12/15/2005 
6.6 Test Methods 

prohibitory rule. 

APCO, ARB, and USEPA. 

6.6.2.1 VOCControl 

6.6.2.1.1 The control efficiency of any VOC destruction 

2.5a-may-be-used-.- 

6.6.2.1.2 US EPA Method18 maybe usedin lieu of US EPA 

VOC concentrations are neither under or over 

reported. 

6.6.2.2 NOx Control 

6.6.2.2.1 Fuel hhv shall be certifiedby athird partyfuel 

supplier-ef-determined-by 

6.6.2.2.1.1ASTM D 210 8-7 orD 23-82 88 for 

tiquid-hydfeeafbon4uelst 

6.6.2.2.1.2ASTM D 1826 88 orD 1915 81 in 

I D 3588 89 fa 

gaseous fuels. 

6.6.2.3 Oxidesof nitrogen(ppmv) US EPA Method7.E, orARB 

Method 100. 

SJVUAPCD 4694 - 15 12/15/2005 
[3-719 N-E4 

6.6.2.4 Carbon monoxide (ppmv) US EPA Method10, orARB 

Motile:14007 

6.6.2.5 Stack gas oxygen US EPA Method 3or 3A, or ARB 

Method 100. 

• • I • • z 

: • • 

6.6.2.7 Stack gas velocities US EPA Method 2. 

6.6.2.8 Stack gas moisture content US EPA Method 4. 

6.7 Compliance Testing 

Emera 

APCO, ARB, andUS EPA. 

SJVUAPCD 4694 - 16 12/15/2005 
7.0 Compliance Schedule 

Initial Compliance Subsequent Requirement Reference Date Compliance-Dates 

Submit-Three-yeaf 

Deeember--12006 Every-thfee-years Compliance-Plan-to Section 6.1 

District 

Commencing Gontinuouslyas January1, 2007 monitoring and Section 6.4 

al3f■feffiate fecor-diteeping 

Submit-AQIMF-& 

Administrative fees Section Match-IT-2007 Evety-three-years feEDGER-putsuant-to 6.1.5.3.4 

the Three Year 

Compliance Plan 

Submit-Three-yeat 

July 1, 2007 Every three years Compliance Plan Section 6.2 

Verification 

Submit Annual 

March-17-2008 Annually Compliance PlanSection6.3 

Demonstration 

Annually, as Provide additional May-1-,-2008 Section6.3.5.2 

aPfwelffiate RAER-as-r-equifed 

SJVUAPCD 4694 - 17 12/15/2005 
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SJVUAPCD 4694 - 18 12/15/2005