# Kern County Air Pollution Control District



# Rule 102

DEFINITIONS

FINAL STAFF REPORT

March 5, 2010

Prepared by



### Jeremiah Cravens Air Quality Specialist II

Reviewed by



### David L. Jones

Air Pollution Control Officer 

### Glen Stephens Senior Air Quality Engineer

Kern County Air Pollu tion Control District 2700 “M” Street, Suite 302 Bakersfield, California 93301 (661) 862-5250  www.kernair.org

### Table of Contents

I. BOARD ADOPTION.................................................1

II. INTRODUCTION......................................................1

III. TROPOSPHERIC OZONE......................................... 1

IV. VOLATILE ORGANIC COMPOUNDS (VOC)..................1

V. EXEMPT COMPOUNDS........................................... 1

VI. TERTIARY BUTYL ACETATE.................................... 2

VII. NEW DEFINITIONS................................................. 2

VIII. STANDARD CONDITIONS........................................ 4

IX. ECONOMIC IMPACTS............................................. 4

X. SOCIOECONOMIC IMPACTS.................................... 4

XI. ENVIRONMENTAL IMPACTS.................................... 5

XII. REFERENCES........................................................ 5

APPENDIX A AMENDED RULE 102, DEFINITIONS
CLEAN VERSION

APPENDIX B AMENDED RULE 102 DEFINITIONS
STRIKEOUT UNDERLINE VERSION

APPENDIX C RESPONSE TO COMMENTS102 Final Staff Report

I. BOARD ADOPTION Rule 102, Definitions was amended by the Kern County Air Pollution Control District’s Governing Board on March 11, 2010 at the March 2010 Board meeting.

II. INTRODUCTION

This staff report presents the amendment s made to Rule 102 Definitions. The primary reason for amending the Rule is to update the Exempt Compounds list to conform to the Exempt Compounds list of the EPA. Four (4) definitions have also been added to the Rule along with modifications to Standard Conditions and minor formatting.

Appendix A is the clean version of amended Rule 102 Definitions.

Appendix B is the strikeout underline ve rsion of amended Rule 102 Definitions.

Appendix C is the Response to Comment s that followed t he October 28, 2009 workshop.

III. TROPOSPHERIC OZONE

Tropospheric ozone (ozone), commonly known as smog, occurs when VOCs and nitrogen oxides (NOx) react in the atmo sphere. Because of the harmful health effects of ozone, EPA, Stat e, and local governments limit the amount of VOCs
and NOx that can be released into the atmosphere.

IV. VOLATILE ORGANIC COMPOUNDS (VOC)

Volatile organic compounds are any co mpound containing at least one atom of carbon (excluding negligibly reactive compounds) which form ozone through atmospheric photochemical reactions. Compounds of carbon (also known as organic compounds) have different levels of reactivity--that is, they do not react at the same speed or do not form ozone to the same extent.

V. EXEMPT COMPOUNDS

Compounds that have low atmospheric photochemical reactions are considered to have a negligible level of reactivity . It has been EPA's policy that organic compounds with a negligible level of reactivity do not need to be regulated to

reduce ozone. The EPA lists negligibly reactive compounds in its regulations (at 40 CFR 51.100(s)) and excludes them from the definition of VOCs.

The following list of negligibly reactive compounds has been added to the Exempt Compounds list (Section N) in Rule 102 Definitions:

K CAPCD Draft 4/5/2010 1102 Final Staff Report

3,3-dichlor o-1,1,1,2,2-pent afluoropropane (HCFC-225ca) 1,3-dichloro-1,1,2,2,3-pent afluoropropane (HCFC-225cb) 1,1,1,2,3,4,4,5,5,5-decaf luoropentane (HFC 43-10mee) Difluoromethane (HFC-32) Ethylfluoride (HFC-161) 1,1,1,3,3,3-hexafluor opropane (HFC-236fa) 1,1,2,2,3-pentafluor opropane (HFC-245ca) 1,1,2,3,3-pentafl uoropropane (HFC-245ea) 1,1,1,2,3-pentafl uoropropane (HFC-245eb) 1,1,1,3,3-pentafluor opropane (HFC-245fa) 1,1,1,2,3,3-hexafl uoropropane (HFC-236ea) 1,1,1,3,3-pentafluor obutane (HFC-365mfc) Chlorofluoromethane (HCFC-31)

1-chloro-1-fluoroet hane (HCFC-151a) 1,2-dichloro-1,1,2-tri fluoroethane (HCFC-123a) 1,1,1,2,2,3,3,4,4-nonafl uoro-4-methoxy-butane (C4F9OCH3 or HFE-7100) 2-(difluoromethoxymethyl)-1 ,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3) 1-ethoxy-1,1,2,2,3,3, 4,4,4-nonafluorobutane (C4F9O C2H5 or HFE-7200) 2-(ethoxydifluoromethyl)-1 ,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5) Methyl Acetate 1,1,1,2,2,3,3-heptafluor o-3-methoxy-propane (n-C3F7OCH3 or HFE-7000) 3-ethoxy-1,1,1,2,3,4,4, 5,5,6,6,6-dodecafluoro-2 -(trifluoromethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptaflu oropropane (HFC 227ea) Methyl formate (HCOOCH3) 1,1,1,2,2,3,4,5,5,5-dec afluoro-3-methoxy-4-trif luoromethyl-pentane (HFE- 7300) Dimethyl Carbonate Propylene Carbonate

A list of two (2) special provisions/lim itations for unique negligibly reactive compounds, which includes Tertiary Butyl Acetate, has been added to the definition of Exempt Compounds.

VI. TERTIARY BUTYL ACETATE

In response to a petition from Ly ondell Chemical Company the U.S. EPA exempted Tertiary Butyl Acet ate (t-butyl acetate) info rmally known as TBAC or TBAc with the following special provisio ns: TBAc will not be a VOC for purposes
of VOC emissions limitations or VOC c ontent requirements, but will be a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements which apply to VOC. TBAc shall also be uniquely identified in emission reports.

K CAPCD Draft 4/5/2010 2102 Final Staff Report

VII. NEW DEFINITIONS

Four (4) definitions have been added to Rule 102 Definitions. The new definitions have been placed into the Rule alphabetically and are as follows:

After the EPA’s initial review of the amended version of Rule 102, the EPA
deemed the District’s definition of Affe cted Pollutants to be unacceptable. The
EPA asked the District to broaden the definit ion to include NSR regulations.

The revised definition for Affected Pollu tants and other new definitions are as
follows:

a. Affected Pollutants : Any air contaminant and precursor to such contaminant regulated under the Clean Air Act which include: volatile organic compounds, nitrogen oxides, su lfur oxides, Particles with aerodynamic diameter of 10 micrometers or less (PM 10 ), carbon monoxide, ethylene, lead, asbestos, beryllium, mercury, vinyl chloride, fluorides, sulfuric acid mist, hydro gen sulfide, total reduced sulfur, and reduced sulfur compounds, and thos e pollutants which the U.S. Environmental Protection Agency ( EPA), California Air Resources Board (ARB), or District, after due process, has determined to have a significant adverse effect on the environment, public health, or public welfare.

b. Ambient Air Quality Standards : State and National Ambient Air Quality Standards. (For inclusion of this Rule in the State Implem entation Plan, all references to ambient air qualit y standards shall be implemented as National Ambient Air Quality Standards.)

c. Kern County Air Pollution Control District : That portion of Kern County

which lies east of the line described as follows:

 Beginning at the Kern-Los Angel es County boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersecti on with the township line common to T.9.N and T.10.N, San Bernardi no Base and Meridian (SBB&M);

 then west along the township line to the range line common to T.10.N, R.16.W and T.9.N, R.17.W, SBB&M;

 then north along the range line comm on to R.16.W and R.17.W to the point of intersection with the Rancho El Tejon Land Grant boundary;

 then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the nor thwest corner of S.3, T.11.N, R.17.W, SBB&M;

 then west 1.2 miles;

 then north to the Rancho El Tejon Land Grant boundary;

 then northwest along the Rancho El Te jon line to the southeast corner of S.34, T.32.S, R.30.E, Mount Diablo Base and Meridian (MDB&M);

 then north to the northwest corner of S.35, T.31.S, R.30.E, MDB&M;

K CAPCD Draft 4/5/2010 3102 Final Staff Report

 then northeast along the boundar y of t he Rancho El Tejon Land Grant
to the southwest corner of S.18, T.31.S, R.31.E, MDB&M;

 then east to the southeast corner of S.13, T.31.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E, to the northwest corner of S.6, T.29.S, R.32.E, MDB&M;

 then east to the southwest corner of S.31, T.28.S, R.32.E, MDB&M;

 then north along the range line comm on to R.31.E and R.32.E, the northwest corner of S.6, T.28.S, R.32.E, MDB&M;

 then west to the southeast corner of S.36, T.27.S, R.31.E, MDB&M;

 then north along the range line comm on to R.31.E, and R.32.E,to the Kern - Tulare County boundary.

d. Volatile Organic Compounds : Any compound containing at least one atom of carbon except fo r exempt compounds listed in section N of this

rule.

VIII. STANDARD CONDITIONS

To maintain consistency with EPA, AR B, and other air dist ricts, KCAPCD’s Standard Conditions have been updated as follows:

a. Gas test temperature has been changed from 60 degrees Fahrenheit to 68 degrees Fahrenheit; and

b. Gas test pressure has been changed from 29.92 inches of mercury to 14.7 pounds per square inch (760-millimeters of mercury).

All analyses and tests shall be calculated or reported at this gas temperature and

pressure.

IX. ECONOMIC IMPACT

Amended Rule 102 Definitions poses no significant cost to industry.

X. SOCIOECONOMIC IMPACTS

CHSC Section 40728.5 exempt s districts with a population of less than 500,000 persons from the requirement to asse ss the socioeconomic impacts of proposed rules. Eastern Kern County popula tion is below 500,000 persons.

XI. ENVIRONMENTAL IMPACTS

Amended Rule 102 Definitions poses no significant environmental impact.

K CAPCD Draft 4/5/2010 4102 Final Staff Report

KCAPCD Draft 4/5/2010 5 XII. REFERENCES

Air Resources Board. “Environmental Impact Assessment of Tertiary-Butyl Acetate.” January, 2006.

U.S. EPA. “Definitions of VOC and ROG.” November, 2004.

U.S. EPA. “Definition Volatile Or ganic Compounds (VOC)” March, 2009.

REMAINDER OF PAGE INTE NTIONALLY LEFT BLANK

## APPENDIX A

AMENDED RULE 102 DEFINITIONS102 Final Staff Report – Amended Rule

RULE 102 Definitions - Adopted 4/18/72, Am ended 1972-75, 8/31/76, 3/7/96, 7/1/99,

3/11/2010

Except as otherwise specifically provided in th ese Rules and except where the context otherwise indicates, words used in these Rules are used in exactly the sa me sense as the same words are used in Division 26, of the California Health and Safety Code.

A. Affected Pollutants : Any air contaminant and precursor to such contaminant regulated

under the Clean Air Act which include: volatil e organic compounds, nitr ogen oxides, sulfur oxides, Particles with aerodynamic diamet er of 10 micrometers or less (PM 10 ), carbon monoxide, ethylene, lead, asbestos, beryllium, mercury, vinyl chloride, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulf ur, and reduced sulfur compounds, and those pollutants which the U.S. Environmental Protection Agency (EPA), California Air Resources Board (ARB), or Distri ct, after due process, has dete rmined to have a significant adverse effect on the environment, public health, or public welfare.

B. Air Contaminants : Any discharge, release or othe r propagation into the atmosphere directly or indirectly, caused by man and including, but not limited to, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fu mes, gases, odors, or particulate matter, or any combination thereof.

C. Alteration : Any addition to, enlargement of, replacement of, or any modification or change of the design, capacity, process, or arrangement, or any increa se in the connected loading of, equipment or control apparatus, whic h may affect the type or amount of air

contaminants emitted.

D. Ambient Air Quality Standards : State and National Ambient Air Quality Standards. (For inclusion of this Rule in the State Implementa tion Plan, all references to ambient air quality standards shall be implemented as National Ambient Air Quality Standards.)

E. Atmosphere : The air that envelops or surrounds the earth. Air pollutants emitted into a building, not designed specifically as a piece of air pollution control equipment, shall be considered an emission into the atmosphere.

F. Board : The Air Pollution Control Board of the Kern County Air Polluti on Control District.

G. Combustible Refuse : Any solid or liquid combustible wa ste material cont aining carbon in

a free or combined state.

H. Combustion Contaminants : Particulate matter discharged into the atmosphere from the burning of any kind of material containi ng carbon in a free or combined state.

I. Control Officer : The Air Pollution Control Officer of the Kern County Air Pollution

Control District.

J. District : The Kern County Air Pollution Control District.

K. Dusts : Minute, solid particles released into th e air by natural forces or by mechanical processes such as crushing, grinding, m illing, drilling, demolishing, shoveling, conveying, covering, bagging, sweeping, or other similar processes.

Appendix A A- 1 Draft 4/5/2010102 Final Staff Report – Amended Rule

L. Emission : The act of passing into the atmosphere an air contaminant or gas stream which contains an air contaminant, or the air contaminant so passed into the atmosphere.

M. Emission Point : The place at which an emission enters the atmosphere.

N. Exempt Compounds : 1. The following compounds are excluded from the definition of Volatile Organic Compounds (VOC) because they have been determined to have negligible photochemical reactivity:

Acetone, Methane, Carbon monoxide, Carbon dioxide, Carbonic acid, Ethane, Metallic carbides or carbonates, Ammonium carbonates, Methylene chloride (dichloromethane), Methyl chloroform ( 1,1,1-trichloroethane), CFC-113 (1,1,2-trichloro- 1,2,2-trifluoroethane), CFC-11 (trichlorofluoromethane), CFC-114 (1,2-dichloro 1 ,1.2,2-tetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-12 (dichlorodifluoromethane), HCFC-123(1,1,1-trifluoro 2,2-dichloroethane), HCFC-124 (2-chloro 1,1,1,2- tetrafluoroethane), HCFC-141b (1,1-dichloro 1-fluoroethane), HCFC-142b (1-chloro 1,1-difluoroethane), HCFC-22 (chlorodifluoromethane), HFC-23 (trifluoromethane), HFC-125 (pentafluoroethane), HFC-134 (1,1,2,2-tetrafluoroethane), HFC-134a (1,1,1,2-tetrafluoroethane), HFC-143a (1,1,1-trifluoroethane), HFC-152a (1,1-difluoroethane), PCBTF (parachlorobenzotrifluoride) Cyclic, branched, or linear comple tely methylated siloxanes (VMS) 3,3-dichloro-1,1,1,2,2-pentafluor opropane (HCFC-225ca) 1,3-dichloro-1,1,2,2,3-pentafluor opropane (HCFC-225cb) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) Difluoromethane (HFC-32) Ethylfluoride (HFC-161) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 1,1,2,2,3-pentafluoropropane (HFC-245ca) 1,1,2,3,3-pentafluoropropane (HFC-245ea) 1,1,1,2,3-pentafluoropropane (HFC-245eb) 1,1,1,3,3-pentafluoropropane (HFC-245fa) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 1,1,1,3,3-pentafluorobutane (HFC-365mfc)

Appendix A A- 2 Draft 4/5/2010102 Final Staff Report – Amended Rule

Chlorofluorom ethane (HCFC-31) 1-chloro-1-fluoroethane (HCFC-151a) 1,2-dichloro-1,1,2-trifluor oethane (HCFC-123a) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptaf luoropropane ((CF3)2CFCF2OCH3) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptaflu oropropane ((CF3)2CFCF2OC2H5) Methyl Acetate 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluor omethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) Methyl Formate (HCOOCH3) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluor omethyl-pentane (HFE-7300) Dimethyl Carbonate Propylene Carbonate Perfluorocarbon compounds whic h fall into these classes: Cyclic, branched, or linear, completely fluorinated alkanes, Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations, Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only

to carbon and fluorine

Perfluorocarbon and methylated siloxane co mpounds shall be assumed to be absent from a product or process unless a manufact urer or facility operator identifies the specific individual compounds (from the broad classes of perfluorocarbon and methylated siloxane compounds) and the amount s present in the product or process and

identifies a validated test method which can be used to quantify the specific compounds.

2. For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved State im plementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, th ese negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the enforcement authority.

3. The following compound is a VOC for pur poses of all recordkeeping, emissions reporting, photochemical disp ersion modeling and inventor y requirements which apply to VOC and shall be uniquely identified in emission reports, but is not a VOC for purposes of VOC emissions limitations or VOC content requirements: Tertiary Butyl Acetate (t-butyl acet ate) informally known as TBAC or TBAc.

O. Flue : Any duct or passage for air, gases, or the like, such as a stack or chimney.

P. Fumes : Minute, solid particles generated by cond ensation of vapors from solid matter after volatilization from a molten state, or generated by sublimatio n, distillation, calcination, or chemical reaction, when these proces ses create air-borne particles.

Q. Hearing Board : The Hearing Board of the Kern County Air Pollution Control District.

Appendix A A- 3 Draft 4/5/2010102 Final Staff Report – Amended Rule

R. Installation : Placement, assemblage or construction of equipment or control apparatus at the premises where the equipment or cont rol apparatus will be used, including all preparatory work at such premises.

S. Institutional Facility : Any hospital, boarding home, school, corporation yard, or like facility.

T. Kern County Air Pollu tion Control District : That portion of Kern County which lies east of

the line described as follows:

 Beginning at the Kern-Los Angeles Count y boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the township line co mmon to T.9.N and T.10.N, San Bernardino Base and Meridian (SBB&M);

 then west along the township line to th e range line common to T.10.N, R.16.W and T.9.N, R.17.W, SBB&M;

 then north along the range line common to R.16.W and R.17.W to the point of

intersection with the Rancho El Tejon Land Grant boundary;

 then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S.3, T.11.N, R.17.W, SBB&M;

 then west 1.2 miles;

 then north to the Rancho El Tejon Land Grant boundary;

 then northwest along the Rancho El Tejon lin e to the southeast corner of S.34, T.32.S, R.30.E, Mount Diablo Base and Meridian (MDB&M);

 then north to the northwest corn er of S.35, T.31.S, R.30.E, MDB&M;

 then northeast along the boundary of the Ranc ho El Tejon Land Grant to the southwest corner of S.18, T.31.S, R.31.E, MDB&M;

 then east to the southeast corn er of S.13, T.31.S, R.31.E, MDB&M;

 then north along the range line common to R .31.E, and R.32.E, to the northwest corner of S.6, T.29.S, R.32.E, MDB&M;

 then east to the southwest corn er of S.31, T.28.S, R.32.E, MDB&M;

 then north along the range line common to R .31.E and R.32.E, the northwest corner of S.6, T.28.S, R.32.E, MDB&M;

 then west to the southeast corn er of S.36, T.27.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E,to the Kern - Tulare County boundary.

U. Loading Rack : Any aggregate or combination of organic liquid loading equipment from the connection at the inlet of the organi c liquid pump to and including the hose and connector at the portable delivery tank.

V. Multiple-Chamber Incinerator : Any article, machine, equipment, contrivance, structure or any part of a structure used to dispose of combustible refuse by bur ning, consisting of three or more refractory-lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned. Refractories shall have a Pyrometric Cone equivalent of at least 17, tested according to the American Society for Testing Ma terials, Method C-24.

Appendix A A- 4 Draft 4/5/2010102 Final Staff Report – Amended Rule

Appendix A A- 5 Draft 4/5/2010 W. Open Outdoor Fire : Combustion of any combustible refu se or other material of any type outdoors in the open air, and not in any enclos ure where the products of combustion are not directed through a flue.

X. Operation : Any physical action resulting in a cha nge in the location, form, or physical properties of a material, or any chemical act ion resulting in a change in the chemical composition or the chemical or phys ical properties of a material.

Y. Owner : Including but is not limited to, any pers on who leases, supervises or operates equipment, in addition to the normal meaning of ownership.

Z. Particulate Matter : Any material, except uncombined wa ter, which exists in a finelydivided form as a liquid or solid at standard conditions.

AA. Person : Any person, firm, association, orga nization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local governmental agency or public district or any officer or employee thereof.

BB. PPM : Parts per million by volume expressed on a gas basis.

CC. Process Weight Per Hour : The total weight of all materials introduced into any specific source operation, which operation may cause any em ission into the atmosphere. Solid fuels charged shall be considered as part of the process weight, but liqui d and gaseous fuels and combustion air will not. "The Process Weight Per Hour" will be derived by dividing the total process weight by the number of hours in one cycle of operation from the beginning of any given process to the completion th ereof, excluding any time during which the equipment is idle.

DD. Regulation : One of the major subdivisions of the Rules of the Kern County Air Pollution

Control District.

EE. Residential Rubbish : Refuse originating from resi dential uses including wood, paper, cloth, cardboard, tree trimmings, leaves , lawn clippings, and dry plants.

FF. Rule : A rule of the Kern County Air Pollution Control District.

GG. Section : A section of the California Health and Safety Code, unless some other statute is specifically mentioned.

HH. Source Operation : The last operation preceding the emission of an air contaminant, which operation: a) results in the se paration of the air contaminant from the process materials or in the conversion of the process materials in to air contaminants, as in the case of combustion of fuels; and b) is not an air pollution abatement operation.

II. Standard Conditions : A gas temperature of 68° Fahrenhe it (20° Celsius) and an absolute pressure of 14.7 pounds per square inch (760- millimeters of mercury). Results of all analyses and tests shall be calculated or re ported at this gas temp erature and pressure.

JJ. Volatile Organic Compounds : Any compound containing at least one atom of carbon except for exempt compounds listed in section N of this rule.

## APPENDIX B

AMENDED RULE 102 DEFINITIONS

STRIKEOUT UNDERLINE102 Final Staff Report – Strik eout Underline

Appendix B B- 1 Draft 4/5/2010 RULE 102 Definitions - Adopted 4/18/72, Amended 1972-75, 8/31/76, 3/7/96, 7/1/99

, 3/11/10

Except as otherwise specifically provided in th ese Rules and except where the context otherwise indicates, words used in these Rules are used in exactly the sa me sense as the same words are used in Division 26, of the California Health and Safety Code.

A. Affected Pollutants: Any air contaminant a nd precursor to such contaminant regulated

under the Clean Air Act which include: volatil e organic compounds, nitr ogen oxides, sulfur oxides, Particles with aerodynamic diamet er of 10 micrometers or less (PM 10 ), carbon monoxide, ethylene, lead, asbestos, beryllium, mercury, vinyl chloride, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulf ur, and reduced sulfur compounds, and those pollutants which the U.S. Environmental Protection Agency (EPA), California Air Resources Board (ARB), or Distri ct, after due process, has dete rmined to have a significant adverse effect on the environment, public health, or public welfare.

A. B. Air Contaminants : Any discharge, release or othe r propagation into the atmosphere directly or indirectly, caused by man and including, but not limited to, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fu mes, gases, odors, or particulate matter, or any combination thereof.

B. C. Alteration : Any addition to, enlargement of, replacement of, or any modification or change of the design, capacity, process, or arrangement, or any increa se in the connected loading of, equipment or control apparatus, whic h may affect the type or amount of air

contaminants emitted.

D. Ambient Air Quality Standards: State and Na tional Ambient Air Quality Standards. (For inclusion of this Rule in the State Implementa tion Plan, all references to ambient air quality standards shall be implemented as National Ambient Air Quality Standards.)

C. E. Atmosphere : The air that envelops or surrounds the earth. Air pollutants emitted into a building, not designed specifically as a piece of air pollution control equipment, shall be considered an emission into the atmosphere.

D. F. Board : The Air Pollution Control Board of the Kern County Air Polluti on Control District.

E. G. Combustible Refuse : Any solid or liquid combustible wa ste material cont aining carbon in

a free or combined state.

F. H. Combustion Contaminants : Particulate matter discharged into the atmosphere from the burning of any kind of material containi ng carbon in a free or combined state.

G. I. Control Officer : The Air Pollution Control Officer of the Kern County Air Pollution

Control District.

H. J. District : The Kern County Air Pollution Control District.

K. Dusts : Minute, solid particles released into th e air by natural forces or by mechanical processes such as crushing, grinding, m illing, drilling, demolishing, shoveling, conveying, covering, bagging, sweeping, or other similar processes.102 Final Staff Report – Strik eout Underline

Appendix B B- 2 Draft 4/5/2010 J. L. Emission : The act of passing into the atmosphere an air contaminant or gas stream which contains an air contaminant, or the air contaminant so passed into the atmosphere.

K. M. Emission Point : The place at which an emission enters the atmosphere.

N. Exempt Compounds : 1. The following compounds are excluded from the definition of Volatile Organic Compounds (VOC) because they have been determined to have negligible photochemical reactivity :

Acetone, Methane, Carbon monoxide, Carbon dioxide, Carbonic acid, Ethane, Metallic carbides or carbonates, Ammonium carbonates, Methylene chloride (dichloromethane), Methyl chloroform ( 1,1,1-trichloroethane), CFC-113 (1,1,2-trichloro- 1,2,2-trifluoroethane), CFC-11 (trichlorofluoromethane), CFC-114 (1,2-dichloro 1 ,1.2,2-tetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-12 (dichlorodifluoromethane), HCFC-123(1,1,1-trifluoro 2,2-dichloroethane), HCFC-124 (2-chloro 1,1,1,2- tetrafluoroethane), HCFC-141b (1,1-dichloro 1-fluoroethane), HCFC-142b (1-chloro 1,1-difluoroethane), HCFC-22 (chlorodifluoromethane), HFC-23 (trifluoromethane), HFC-125 (pentafluoroethane), HFC-134 (1,1,2,2-tetrafluoroethane), HFC-134a (1,1,1,2-tetrafluoroethane), HFC-143a (1,1,1-trifluoroethane), HFC-152a (1,1-difluoroethane), PCBTF (parachlorobenzotrifluoride) Cyclic, branched, or linear comple tely methylated siloxanes (VMS) 3,3-dichloro-1,1,1,2,2-pentafl uoropropane (HCFC-225ca) 1,3-dichloro-1,1,2,2,3-pentafl uoropropane (HCFC-225cb) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) Difluoromethane (HFC-32) Ethylfluoride (HFC-161) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 1,1,2,2,3-pentafluoropropane (HFC-245ca) 1,1,2,3,3-pentafluoropropane (HFC-245ea) 1,1,1,2,3-pentafluoropropane (HFC-245eb) 1,1,1,3,3-pentafluoropropane (HFC-245fa) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 1,1,1,3,3-pentafluorobutane (HFC-365mfc)102 Final Staff Report – Strik eout Underline

Appendix B B- 3 Draft 4/5/2010 Chlorofluoromethane (HCFC-31) 1-chloro-1-fluoroethane (HCFC-151a) 1,2-dichloro-1,1,2-triflu oroethane (HCFC-123a) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-hept afluoropropane ((CF3)2CFCF2OCH3) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptaf luoropropane ((CF3)2CFCF2OC2H5) Methyl Acetate 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifl uoromethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) Methyl Formate (HCOOCH3) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-triflu oromethyl-pentane (HFE-7300) Dimethyl Carbonate Propylene Carbonate Perfluorocarbon compounds whic h fall into these classes: Cyclic, branched, or linear, completely fluorinated alkanes, Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations, Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only

to carbon and fluorine

Perfluorocarbon and methylated siloxane co mpounds shall be assumed to be absent from a product or process unless a manufact urer or facility operator identifies the specific individual compounds (from the broad classes of perfluorocarbon and methylated siloxane compounds) and the amount s present in the product or process and

identifies a validated test method which can be used to quantify the specific compounds.

2. For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved State im plementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, th ese negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the enforcement authority.

3. The following compound is a VOC for pur poses of all recordkeeping, emissions reporting, photochemical disp ersion modeling and inventor y requirements which apply to VOC and shall be uniquely identified in emission reports, but is not a VOC for purposes of VOC emissions limitations or VOC content requirements: Tertiary Butyl Acetate (t-butyl acet ate) informally known as TBAC or TBAc.

M. O. Flue : Any duct or passage for air, gases, or the like, such as a stack or chimney.

N. P. Fumes : Minute, solid particles generated by cond ensation of vapors from solid matter after volatilization from a molten state, or generated by sublimatio n, distillation, calcination, or chemical reaction, when these proces ses create air-borne particles.

O. Q. Hearing Board : The Hearing Board of the Kern County Air Pollution Control District.102 Final Staff Report – Strik eout Underline

Appendix B B- 4 Draft 4/5/2010 P. R. Installation : Placement, assemblage or construction of equipment or control apparatus at the premises where the equipment or cont rol apparatus will be used, including all preparatory work at such premises.

Q. S. Institutional Facility : Any hospital, boarding home, school, corporation yard, or like facility.

T. Kern County Air Pollution Contro l District: That portion of Kern County which lies east of

the line described as follows:

 Beginning at the Kern-Los Angeles Count y boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the township line co mmon to T.9.N and T.10.N, San Bernardino Base and Meridian (SBB&M);

 then west along the township line to th e range line common to T.10.N, R.16.W and T.9.N, R.17.W, SBB&M;

 then north along the range line common to R.16.W and R.17.W to the point of

intersection with the Rancho El Tejon Land Grant boundary;

 then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S.3, T.11.N, R.17.W, SBB&M;

 then west 1.2 miles;

 then north to the Rancho El Tejon Land Grant boundary;

 then northwest along the Rancho El Tejon lin e to the southeast corner of S.34, T.32.S, R.30.E, Mount Diablo Base and Meridian (MDB&M);

 then north to the northwest co rner of S.35, T.31.S, R.30.E, MDB&M;

 then northeast along the boundary of the Ranc ho El Tejon Land Grant to the southwest corner of S.18, T.31.S, R.31.E, MDB&M;

 then east to the southeast corn er of S.13, T.31.S, R.31.E, MDB&M;

 then north along the range line common to R .31.E, and R.32.E, to the northwest corner of S.6, T.29.S, R.32.E, MDB&M;

 then east to the southwest corn er of S.31, T.28.S, R.32.E, MDB&M;

 then north along the range line common to R .31.E and R.32.E, the northwest corner of S.6, T.28.S, R.32.E, MDB&M;

 then west to the southeast co rner of S.36, T.27.S, R.31.E, MDB&M;

 then north along the range line common to R.31.E, and R.32.E,to the Kern - Tulare County boundary.

R. U. Loading Rack : Any aggregate or combination of organic liquid loading equipment from the connection at the inlet of the organi c liquid pump to and including the hose and connector at the portable delivery tank.

S. V. Multiple-Chamber Incinerator : Any article, machine, equipm ent, contrivance, structure or any part of a structure used to dispose of combustible refuse by bur ning, consisting of three or more refractory-lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned. Refractories shall have a Pyrometric Cone equivalent of at least 17, tested according to the American Society for Testing Ma terials, Method C-24.102 Final Staff Report – Strik eout Underline

Appendix B B- 5 Draft 4/5/2010 T. W. Open Outdoor Fire : Combustion of any combustible refu se or other material of any type outdoors in the open air, and not in any enclos ure where the products of combustion are not directed through a flue.

U. X. Operation : Any physical action resulting in a cha nge in the location, form, or physical properties of a material, or any chemical act ion resulting in a change in the chemical composition or the chemical or phys ical properties of a material.

V. Y. Owner : Including but is not limited to, any pers on who leases, supervises or operates equipment, in addition to the normal meaning of ownership.

W. Z. Particulate Matter : Any material, except uncombined wa ter, which exists in a finelydivided form as a liquid or solid at standard conditions.

X. AA. Person : Any person, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local governmental agency or public district or any officer or employee thereof.

Y. BB. PPM : Parts per million by volume expressed on a gas basis.

Z. CC. Process Weight Per Hour : The total weight of all materi als introduced into any specific source operation, which operation may cause any em ission into the atmosphere. Solid fuels charged shall be considered as part of the process weight, but liqui d and gaseous fuels and combustion air will not. "The Process Weight Per Hour" will be derived by dividing the total process weight by the number of hours in one cycle of operation from the beginning of any given process to the completion th ereof, excluding any time during which the equipment is idle.

AA. DD. Regulation : One of the major subdivisions of the Rules of the Kern County Air

Pollution Control District.

BB. EE. Residential Rubbish : Refuse originating from residential uses including wood, paper, cloth, cardboard, tree trimmings, l eaves, lawn clippings, and dry plants.

CC. FF. Rule : A rule of the Kern County Air Pollution Control District.

DD. GG. Section : A section of the California Health and Safety Code, unless some other statute is specifically mentioned.

EE. HH. Source Operation : The last operation preceding the emission of an air contaminant, which operation: a) results in th e separation of the air contaminant from the process materials or in the conversion of the pr ocess materials into air contaminants, as in the case of combustion of fuels; and b) is not an air pollution abatement operation.

FF. II. Standard Conditions : A gas temperature of 68° Fahrenheit (20° Celsius) 60 degrees

Fahrenheit and a n absolute pressure of 14.7 pounds per square inch (760-millimeters of mercury) 29.92 inches of mercury . Results of all analyses an d tests shall be calculated or reported at this gas te mperature and pressure.102 Final Staff Report – Strik eout Underline

Appendix B B- 6 Draft 4/5/2010 JJ. Volatile Organic Compounds: Any compound containing at least one atom of carbon except for exempt compounds listed in section N of this rule.

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## APPENDIX C:

AMENDED RULE 102 DEFINITIONS

RESPONSE TO COMMENTS102 Final Staff Report - Response to Comments

Appendix C C- 1 Draft 4/5/2010 I. ARB & EPA COMMENTS

The California Air Resources Board (ARB) had no comments or suggested changes for the amended version of Rule 102.

U.S. EPA (EPA) submitted only one s uggested change for the amended version of Rule 102. EPA’s suggested change is as follows:

The District has added the term “affected pollutant” and defined it as pollutants for which an air quality standard exists. This is significantly less broad then EPA’s term of “NSR regulated pollutant” which includes any pollutant regulated
under the federal Clean Air Ac t. This definition is not acceptable if it is the District’s intent to rely on it for the pur poses of the federal NSR program (minor NSR for all pollutants and major NSR fo r non-attainment pollutants). Please revise or add a specific definition for NSR regulated pollutants if this is the term to be used in your NSR program.

To satisfy EPA’s request KCAPCD changed t he definition of A ffected Pollutants
from “ Air contaminants for which there are ambient air quality standards” to “Any air contaminant and precursor to such c ontaminant regulated under the Clean Air Act which include: volatile organic compounds, nitrogen oxides, sulfur oxides, Particles with aerodynamic diameter of 10 micrometers or less (PM 10 ), carbon monoxide, ethylene, lead, asbestos, berylliu m, mercury, vinyl chloride, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, and reduced sulfur compounds, and those pollu tants which the U.S. Environmental Protection Agency (EPA), California Air Resources Board (ARB), or District, after due process, has determined to have a signific ant adverse effect on the environment, public health, or public welfare.”

II. INDUSTRY COMMENTS

KCAPCD was commended by industry for updating the Exempt Compounds list
in Rule 102 Definitions to include Tert iary Butyl Acetate (t-butyl acetate) informally known as TBAC or TBAc along with Dimethyl Carbonate and Propylene Carbonate which are com pounds used in various coatings.

Industry offered no suggested changes for Rule 102 Definitions.

III. PUBLIC COMMENTS

There were no comments made by the general public.

IV. ARB & EPA RULE REVIEW RESULTS

KCAPCD submitted the Final Revised Dra ft of Rule 102 Definitions to ARB and EPA for a 30-day review period. At the close of the 30-day review period ARB

and EPA each stated that there were no additional comments.