BOARD MEETING DATE: July 12, 1996 AGENDA NO. 30
PROPOSAL:
SYNOPSIS:
COMMITTEE:
RECOMMENDED ACTION:
1. Certify the Final Supplemental Environmental Assessment (SEA) for Proposed Amended Regulation XX - Regional Clean Air Incentives Market (RECLAIM) and Proposed Amended Rule 430 completed in compliance with CEQA (California Public Resources Code Section 21000 et seq.); and
2. Amend Rule 430 - Breakdown Provisions.
James M. Lents, Ph.D.
Executive Officer
PL:CC:CM:BLY:MHP:scs
Background
AQMD Rule 430 was originally adopted by the Governing Board on May 7, 1976 to provide relief from violations of Regulation IV - Prohibitions, (except Rule 402 - Nuisance, or Rule 430), and Regulation XI - Source Specific Standards, for a breakdown that meets AQMD criteria. The period covered under this relief is limited to a maximum of 24 hours from the time the owner or operator knew or reasonably should have known of the breakdown, or to the end of the operating cycle, whichever is sooner. This rule was subsequently amended on October 8, 1976, December 2, 1977 and May 5, 1978 to improve its enforceability. The subsequent amendments require that the owner or operator submit a written follow-up report, and that AQMD staff promptly investigate the site to determine whether an occurrence meets all AQMD criteria to qualify as a breakdown. The vast majority of breakdowns occur at refineries.
However, Rule 430 does not address violations of permit conditions for equipment breakdowns which otherwise meet AQMD criteria. In addition, the current rule language does not identify a method for the owner or operator to report a breakdown in a timely manner. These concerns need to be corrected prior to the issuance of Title V permits.
Proposal
Staff proposes to add rule language to provide relief for violations of certain rules or permit conditions that meets AQMD criteria. In addition, staff proposes to clarify the definition of operating cycle and to add additional flexibility as to the methods that can be used to notify the AQMD of a breakdown in a timely manner. Finally, these amendments will make the reporting requirements of Rule 430 consistent with the reporting requirements for RECLAIM facilities specified under Rule 2004 - Requirements. Most of the proposed amendments reflect the current operating procedures at the AQMD.
AQMP & Legal Mandates
The proposed amended rule is administrative in nature and will not impact any AQMP control strategies. In addition, the proposed amended rule is in accordance with existing state and federal regulations.
CEQA & Socioeconomic Analysis
Pursuant to CEQA, staff prepared a draft Supplemental Environmental Assessment (SEA) for the proposed amendments to Regulation XX and Rule 430. The draft SEA was circulated for a 45-day public review and comment period ended May 10, 1996. No comments were received on the draft SEA for Regulation XX and Rule 430. The Final SEA has been incorporated into this rule package. In addition, a Socioeconomic Impact Assessment has been prepared and is part of the rule development package.
Implementation Plan
Currently, inspectors are promptly assigned to investigate a reported breakdown. In order to investigate the reported breakdown in a timely manner, certain inspectors are assigned on-call duty during the periods outside of the normal AQMD working hours, including but not limited to weekends. In the event that the owner or operator files for a variance, engineers are assigned to determine the excess emissions resulting from the breakdown. The above implementation will not be changed by the proposed amendments. As always, staff will be available to assist those facilities affected by the proposed amendments.
Resource Impacts
The proposed amendments to Rule 430 will provide breakdown relief from permit conditions and eliminate conflicting reporting requirements between Rule 430 and Rule 2004. No additional AQMD resources are required to implement the proposed amendments. The variance proceedings under the proposed amended rule and the current rule are similar; therefore, it is expected that the public will continue to obtain assistance through AQMD’s Clerk of the Board, Hearing Board Liaison, and General Counsel’s Office.
Summary of Proposed Amendments
Rule Development Flow Chart
Key Contacts List
Resolution
Draft Rule Language
Final Staff Report
Final Supplemental Environmental Assessment
Final Socioeconomic Analysis