SJVUAPCD 4694 - 1 12/15/2005

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) 

from the fermentation and bulk storage of wine, or achieve equivalent reductions from

alternative emission sources.

2.0 Applicability

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

3.0 Definitions

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

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

3.3 Baseline Fermentation Emissions (BFE): the average Uncontrolled Fermentation 

Emissions from wine fermentation, occurring at the winery during a given 

Baseline Period pursuant to Section 3.4, or as established by the Operator 

pursuant to section 3.3.3. For wineries with less than three consecutive years of 

fermentation activities, the baseline shall be established pursuant to Section 3.3.2 

or Section 3.3.3.

3.3.1 The BFE shall be calculated as follows:

CY

UFE BFE 

∑ =

Where,

BFE = Baseline Fermentation Emissions

SUFE = The sum of annual Uncontrolled Fermentation Emissions 

for a given Baseline Period

CY = The number of consecutive years used to establish the 

BFE for a given Baseline Period

3.3.2 If the winery does not have three consecutive years of fermentation data, 

CY shall equal the number of consecutive years of available fermentation 

data.

3.3.3 Operators may voluntarily establish their BFE provided that the BFE shall 

not be less than the BFE calculated pursuant to Section 3.3.1, and that the 

Formatted: Bulletsand Numbering
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BFE shall not be greater than the operator’s Potential to Emit for

fermentation VOC emissions

3.4 Baseline Period: the three consecutive calendar years, immediately before the 

year of calculation of the Baseline Fermentation Emissions.

3.5 Batch: a quantity of must fermented at the same time in a fermenter.

3.6 Brix: the sugar content of grapes, juice, or wine. Each degree Brix is equivalent 

to 1 gram of sugar per 100 grams of grape juice.

3.7 Capture System: equipment, including but not limited to, hoods, ducts, fans, 

booths, and vents which are used to contain, capture, or transport an air pollutant 

to an emissions control device.

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

from mobile, stationary, or area sources, which are actual, quantifiable,

enforceable, and surplus at the time of use, as determined by the APCO.

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

emissions achieved by an emissions control system. CCCE shall be calculated as 

follows:

CCCE = %CSE X %CDE

Where,

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

3.10 Compliance Period: the three consecutive calendar years immediately following 

the year of calculation of the Baseline Fermentation Emissions.

3.11 Continuous or Adjacent Property: a property consisting of two or more parcels of 

land with a common point or boundary, or separated solely by a public roadway 

or other public right-of-way.

3.12 Control Device: equipment that is used to reduce the amount of air pollutants in 

an exhaust stream before discharge to the ambient air.

3.13 Emission Control System: a system consisting of a capture system and control 

device.
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3.14 Emission Reduction Duration: the period of time during which the action 

generating an emission reduction results in Certified Emission Reductions.

3.15 Fermentation: the action of yeast upon sugar to produce ethyl alcohol. 

Fermentation begins within a given fermenter when an operator inoculates the 

must with yeast or when the operator allows fermentation to begin naturally. 

Fermentation ends when the operator stops fermentation, when fermentation stops 

naturally, or when the fermenting juice reaches a sugar content of 4 degrees Brix, 

or less.

3.16 Fermentation Emission Reduction (FER): the reduction in VOC emissions from 

the total volume of must fermented in tanks equipped and operated with an 

emissions control system. FER shall be calculated as follows:

( )

x CCCE

2,000 lb

1 ton

x

1,000 gal

Q EF

FER

×

=

Where,

FER = Fermentation Emission Reduction

Q = Volume of must, in gallons, fermented into red wine or white wine 

in the controlled tank

EF = Emissions Factor for the type of wine being fermented in the 

controlled tank. EF equals 6.2 lb for red wine, and 2.5 lb for white 

wine

CCCE = Combined Capture and Control Efficiency of the VOC emissions 

control system

3.17 Fermenter: any tank used to ferment must into wine.

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.

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

per pound), when fuel and dry air at standard conditions undergo complete 

combustion and all resulting products are brought to the standard states at 

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 
SJVUAPCD 4694 - 4 12/15/2005

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 

Stationary Source Review Rule).

3.24 Red Wine: any wine produced by a process that separates the wine from the must 

solids (skins, pulp, seeds) after fermentation begins.

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

reductions rounded to the nearest 0.1 ton, achieved by the operator during the 

calendar year. Required Annual Emissions Reductions shall be calculated as 

follows:

RAER = ∑ FER + ∑ CER + ∑ DOER

Where,

RAER = Required Annual Emissions Reductions

SFER = Sum of all Fermentation Emission Reductions from controlled wine 

fermenters in operation at the winery during the calendar year

SCER = Sum of all Certified Emission Reductions obtained by the operator 

during the calendar year

SDOER= Sum of all District Obtained Emission Reductions achieved through 

payment of Air Quality Impact Mitigation Fees for the calendar year

3.26 Stationary Source: as defined in District Rule 2201 (New and Modified 

Stationary Source Review Rule).

3.27 Storage Tank: any container having an internal volume greater than 250 gallons, 

used to hold wine.

3.28 Surplus: emission reductions which have not been relied upon or required by any 

local, state, or federal permit, rule, regulation, law, ordinance, or approved air 

quality plan.

3.29 Tank: any vessel, with a volume greater than 250 gallons, used as a fermenter or 

as a storage tank.
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3.30 Time Of Use: the date on which an emission reduction is received by the District 

in a winery’s Three-year Compliance Plan pursuant to Section 6.1, or Annual 

Compliance Demonstration pursuant to Section 6.3.

3.31 Uncontrolled Fermentation Emissions (UFE): the VOC emissions that occur in a 

calendar year from the fermentation of must before emission mitigation or use of 

an emissions control system. Uncontrolled Fermentation Emissions shall be 

calculated as follows:

( ) ( )

2,000 lb

1 ton

1,000 gal

Q gal/yr 6.2 lb Q gal/yr 2.5 lb

×

× + ×

=

red white

UFE

Where,

UFE = Uncontrolled Fermentation Emissions

Qred = Total gallons of must fermented to produce red wine during the 

calendar year

Qwhite = Total gallons of must fermented to produce white wine during the 

calendar year

3.32 US EPA: the United States Environmental Protection Agency.

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

3.34 White Wine: any wine produced by a process that separates the juice from the 

must solids (skins, pulp, seeds) before fermentation begins.

3.35 Wine: the liquid product obtained from fermented must.

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

3.37 Winery Premises: a property that is contiguous to or adjacent to the winery, and 

that is under the ownership and control of the winery operator.

4.0 Exemptions

4.1 Except for recordkeeping requirements specified in Section 6.4.4, this rule shall 

not apply to any winery which has a BFE of less than 10 tons per year, or is 

limited by a District permit condition to a Potential To Emit of less than 10 tons 

VOC emissions from fermentation.

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

wood.
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5.0 Requirements

5.1 Fermentation Tanks

Operators of any winery shall achieve Required Annual Emissions Reductions 

(RAER) equal to at least 35% of the winery’s Baseline Fermentation Emissions 

(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 gas-tight condition 

shall be determined by measuring the gas leak in accordance 

with the procedures in EPA Method 21.

5.2.2 The temperature of the stored wine shall be maintained at or below 75o

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 75oF or less within 60 days after completing 

fermentation.

6.0 Administrative Requirements

6.1 Three-year Compliance Plan
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By no later than December 1, 2006, and every three years thereafter, each winery 

operator subject to the requirements of Section 5.1 shall submit to the District, a 

Three-Year Compliance Plan that demonstrates compliance with the applicable 

requirements of this rule for each year of the applicable compliance period. The 

Three-year Compliance Plan shall include the following information:

6.1.1 Name and address of the winery.

6.1.2 Name, title, and contact information for the operator and the operator’s 

signature certifying the accuracy of all information presented in the ThreeYear Compliance Plan.

6.1.3 Calculation of the BFE, and the volumes of red wine and white wine 

fermented at the winery for each year of the Baseline Period. For the 

Three-Year Compliance Plan due December 1, 2006, the Baseline Period 

shall be the years 2003, 2004, and 2005.

6.1.4 Calculation of the RAER to be achieved for each year covered by the 

Three-year Comp liance Plan. For the Three-Year Compliance Plan due 

pursuant to section 6.1, the compliance period shall be for the three- year 

period following the Plan submittal due date.

6.1.5 Demonstration of how the operator will achieve the RAER necessary to 

satisfy Section 5.1, using any combination of the following compliance 

options:

6.1.5.1 Fermentation Emission Reduction (FER): Reductions of VOC 

emissions from wine fermentation. For each FER source the 

Three-Year Compliance Plan shall include the following

information:

6.1.5.1.1 Calculation of FER for each controlled

fermentation tank, identified by a Permit To

Operate number. FER shall be calculated for the 

annual throughput of each controlled fermenter 

using the following:

( )

x CCCE

2,000 lb

1 ton

x

1,000 gal

Q EF

FER

×

=

Where,

FER = Fermentation Emission Reduction
SJVUAPCD 4694 - 8 12/15/2005

Q = Volume of must, in gallons, fermented 

into red wine or white wine in the 

controlled tank

EF = Emissions Factor for the type of wine 

being fermented in the controlled tank. 

EF equals 6.2 lb for red wine, and 2.5

lb for white wine

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 production 

volumes shall not be considered FER or result in 

CER.

6.1.5.2 Certified Emission Reductions (CER): Reductions in surplus 

emissions from mobile, area, or stationary sources. 

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

continuously committed to the District within any 

operator’s Three- year Compliance Plan and the 

CER is achieved consistent with the plan.

6.1.5.2.2 An emission reduction activity that loses CER 

status, for any reason, may be resubmitted to the 

District for re-approval. The emission reduction 

will be evaluated at the time of use, without 

consideration of previous CER status.

6.1.5.2.3 For each CER source the Three-Year Compliance 

Plan shall include the following information:

6.1.5.2.3.1 Details of the CER to be

controlled, including: starting date 

and duration of the CER; emissions 

reductions to be achieved per unit 

of activity; technical 

information demonstrating that the 

emissions reduction meets the

definition of CER; and a plan for 
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-9 12/15/2005

monitoring all emissions

reductions.

6.1.5.2.3.2 The Permit To Operate number for 

permitted sources of CER. The 

CER shall be made enforceable as 

one or more permit conditions that 

establish the emission unit’s daily 

emissions limitation.

6.1.5.2.3.3 A legally binding contract for nonpermitted sources of CER. This 

rule is part of the San Joaquin

Valley portion of the California

State Implementation Plan. Each 

contract entered into pursuant to 

this rule shall be federally

enforceable under Section 304 of 

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 operator 

of the emissions source, and the 

District. All contracts executed to 

comply with the provisions of this 

rule shall contain adequate

monitoring, recordkeeping, and

reporting requirements to

demonstrate that the required

emissions reduction and the

applicable performance standards

are achieved during the Emission 

Reduction Duration.

6.1.5.2.3.4 If the emission source operates

exclusively on the Winery 

Premises during the compliance

period, the CER shall be offset at a 

ratio of 1.0 ton CER per 1.0 ton of 

fermentation VOC emissions.

6.1.5.2.3.5 If the emission source is not

operated exclusively on the Winery 

Premises during the compliance

period, the CER shall be offset at a 
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ratio of 1.2 ton CER per 1.0 ton of 

fermentation VOC emissions.

6.1.5.3 District Obtained Emissions Reductions (DOER) obtained by 

payments to the District Air Quality Impact Mitigation Fund 

(AQIMF) for a Three-Year Compliance Plan shall include the 

following information:

6.1.5.3.1 The amount of requested DOER. DOER shall be 

calculated as follows:

DOER = RAER - ∑CER - ∑ FER

Where,

DOER = The amount of District Obtained

Emission Reductions.

RAER = 35% of the operator’s Baseline

Fermentation Emissions.

SCER = Sum of all CER to be obtained by the 

operator.

SFER = Sum of all FER to be achieved by the 

operator.

6.1.5.3.2 The payment amount for DOER shall be an

amount sufficient to cover the District’s costs of 

obtaining emission reductions having an Emission 

Reduction Duration (ERD) of three years in

aggregate, plus an administrative fee.

6.1.5.3.3 Payment shall calculated as follows:

AQIMF = DOER x FR x AF

Where,

AQIMF = Air Quality Impact Mitigation

Fund payment.

DOER = District Obtained Emissions

Reductions.
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FR = Fund Rate. As of January 1, 2006, 

the Fund Rate is established at

$11,778 per ton.

AF = District’s administrative fee. As of 

January 1, 2006, the administrated 

fee is established at 1.04.

6.1.5.3.4 Beginning January 1, 2007, the Fund Rate and the 

administrative fee shall be established by the

APCO in accordance with Section 6.5.

6.1.5.3.5 Payment of DOER and administrative fees shall 

be made to the Distric t no later than March 1, of 

the first year in the applicable compliance period. 

For the Three-Year Compliance Plan due

December 1, 2006, the payment of DOER and 

administrative fees shall be made no later than 

March 1, 2007.

6.1.6 Emission reductions achieved in excess to RAER may not be banked or 

credited for use to satisfy RAER requirements in any year other than the 

year of their generation.

6.1.7 New Source Review Emission Reduction Credits are not eligible for use to 

satisfy RAER requirements.

6.1.8 For fermentation tanks subject to emission controls from New Source 

Review requirements, the maximum allowable FER shall be the lesser of 

either the actual emission reduction generated by the NSR review control, 

or 35% of the uncontrolled emissions.

6.2 Three-Year Compliance Plan Verification

By no later than July 1, 2007, and every three years thereafter, winery operators 

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

demonstrates that the Three-Year Compliance Plan elements are in effect. The 

Compliance Plan Verification shall include the following information:

6.2.1 Name and address of the winery.

6.2.2 Name, title, and contact information for the operator, and the operator’s 

signature certifying the accuracy of all submitted information.

6.2.3 Certification that the required control equipment to generate FER are 

installed and operating consistent with their Permit To Operate conditions.
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6.2.4 Certification stating that the required emissions reduction commitments to 

generate CER have been implemented.

6.2.5 Certification that AQIMF payments to obtain DOER have been made.

6.3 Annual Compliance Plan Demonstration

By no later than February 1, 2008, and every year thereafter, each winery operator 

shall submit to the District an Annual Compliance Plan Demonstration that shows 

compliance with the applicable requirements of this rule. The Compliance Plan 

Demonstration shall include the following information:

6.3.1 Name and address of the winery.

6.3.2 Name, title, and co ntact information for the operator, and the operator’s 

signature certifying the accuracy of all information presented in the ThreeYear Compliance Plan.

6.3.3 Calculation of the Uncontrolled Fermentation Emissions (UFE) for the 

prior calendar year.

6.3.4 Certification that all CER commitments were met and calculations of the 

resulting emission reductions.

6.3.5 Certification that all FER controls were installed and operated, and 

calculations of the resulting emission reductions.

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

that the RAER is greater than or equal to 35% of the BFE indicated in the 

Three-Year Compliance Plan, for the year covered by the demonstration.

6.3.7 If the UFE is greater than the BFE, the operator shall demonstrate that the 

RAER is greater than or equal to 35% of the UFE for the year covered by 

the demonstration. If the RAER are less than 35% of the UFE the 

operator shall identify how they will obtain additional RAER sufficient to 

satisfy this section.

6.3.7.1 Additional RAER may be obtained from any source of FER, 

CER or DOER.

6.3.7.2 All additional RAER shall be obtained by April 1 of the year of 

the Annual Compliance Demonstration.

6.4 Monitoring and Recordkeeping
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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 For each fermentation batch, operators shall record the following

information by Permit To Operate number and by wine type, stated as 

either red wine or white wine:

6.4.1.1 Total gallons of must fermented,

6.4.1.2 Uncontrolled Fermentation Emissions, and

6.4.1.3 Fermentation Emission Reductions.

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.

6.4.3 Operators using CER to mitigate fermentation emissions shall perform all 

monitoring and recordkeeping, as established in their approved ThreeYear Compliance Plan, and shall maintain all records necessary to 

demonstrate compliance.

6.4.4 Operators claiming exemption pursuant to Section 4.0 shall maintain 

annual records of the total gallons of red wine and the total gallons of 

white wine fermented at the winery, and total gallons of wine in storage 

tanks. Records submitted to the United States Department of Treasury -

Alcohol and Tobacco Tax and Trade Bureau for the purpose of tax 

determination shall be adequate, provided the operator indicates the

volumes of red and white wines fermented.

6.5 Air Quality Impact Mitigation Fund Fees Review

The District shall review the AQIMF and administrative fees on an annual basis

to determine their appropriateness and to establish fee levels that are not less than 

the District’s cost to obtain emission reductions and administer the program. The 

APCO may adjust the cost of reductions according to the following process:

6.5.1 An analysis shall be performed that details:

6.5.1.1 The cost effectiveness of projects funded to date;
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6.5.1.2 The rule effectiveness of achieving the required emission 

reductions to date; and

6.5.1.3 The availability of off-site emission reduction projects.

6.5.2 The APCO shall provide a draft revised cost effectiveness based on the 

analysis.

6.5.3 The process shall included at least one public workshop.

6.6 Test Methods

6.6.1 Operators of an emission unit identified in a District prohibitory rule shall 

comply with the test methods specified in the app licable District

prohibitory rule.

6.6.2 Operators of an emission unit not identified in a District prohibitory rule 

shall use the following test methods to quantify emission reductions. 

Alternative test methods may be used provided they are approved by the 

APCO, ARB, and US EPA.

6.6.2.1 VOC Control

6.6.2.1.1 The control efficiency of any VOC destruction

device, measured and calculated as carbon, shall be 

determined by US EPA Method 25, except when the 

outlet concentration must be below 50 ppm in order to 

meet the standard, in which case US EPA Method 25a 

may be used. 

6.6.2.1.2 US EPA Method 18 may be used in lieu of US EPA 

Method 25 or US EPA Method 25A provided the 

identity and approximate concentrations of the

analytes/compounds in the sample gas stream are 

known befo re analysis with the gas chromatograph 

and the gas chromatograph is calibrated for each of 

the known analytes/compounds to ensure that the 

VOC concentrations are neither under- or overreported.

6.6.2.2 NOx Control

6.6.2.2.1 Fuel hhv shall be certified by a third party fuel

supplier or determined by:
SJVUAPCD 4694 - 15 12/15/2005

6.6.2.2.1.1 ASTM D 240-87 or D 2382-88 for liquid 

hydrocarbon fuels;

6.6.2.2.1.2 ASTM D 1826-88 or D 1945-81 in

conjunction with ASTM D 3588-89 for 

gaseous fuels.

6.6.2.3 Oxides of nitrogen (ppmv) – US EPA Method 7E, or ARB 

Method 100.

6.6.2.4 Carbon monoxide (ppmv) – US EPA Method 10, or ARB 

Method 100.

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

100.

6.6.2.6 NOx Emission Rate (Heat Input Basis) – US EPA Method 19.

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

Operators of an emission unit identified in a District prohibitory rule shall comply 

with the compliance test methods specified in the applicable District prohibitory 

rule. Operators of an emission unit not identified in a District prohibitory rule 

shall comply with compliance test requirements approved by the APCO, ARB, 

and US EPA.
SJVUAPCD 4694 - 16 12/15/2005

7.0 Compliance Schedule

Operators shall comply with the applicable requirements of this rule by the dates 

indicated in Table 1 Rule Compliance Schedule.

Table1 Rule Compliance Schedule

Initial Compliance 

Date

Subsequent 

Compliance Dates Requirement Reference

December 1, 2006 Every three years

Submit Three-year 

Compliance Plan to 

District

Section 6.1

January 1, 2007 Continuously, as 

appropriate

Commencing 

monitoring and 

recordkeeping

Section 6.4

March 1, 2007 Every three years

Submit AQIMF & 

Administrative fees 

for DOER pursuant to 

the Three-Year 

Compliance Plan

Section 

6.1.5.3.4

July 1, 2007 Every three years

Submit Three-year 

Compliance Plan 

Verification

Section 6.2

March 1, 2008 Annually

Submit Annual 

Compliance Plan 

Demonstration

Section 6.3

May 1, 2008 Annually, as 

appropriate

Provide additional 

RAER, as required Section 6.3.5.2
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