Proposal:

Set Public Hearing June 13, 1997 to Amend

Rule 102 - Definition of Terms
Rule 1106.1 - Pleasure Craft Coating Operations
Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations
Rule 1171 - Solvent Cleaning Operations
Rule 1302 - Definitions (New Source Review)

Synopsis:

Proposed amendments add tetrachloroethylene (perchloroethylene), 3,3-dichloro-1,1,1,2,2,-pentafluoropropane (HCFC 225ca), 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC 225cb) and 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC-43-10mee) to the "Exempt Compound" definition in Rule 102. Perchloroethylene is proposed to be added as a Group II Exempt Compound. The other three compounds are proposed to be added to the list of Group I Exempt Compounds. The proposed amendments will also allow the use of cyclic branched, or linear, completely methylated siloxanes (VMS) and parachlorobenzotrifluoride (PCBTF), currently listed as Group II Exempt Compounds, and perchloroethylene in operations regulated pursuant to Rules 1106.1, 1151, and 1171. Other definitions were also removed from Rules 1171 and 1302 and referred to in Rule 102.

Committee:

Stationary Source, May 23, 1997, scheduled to be reviewed.

Recommended Action:

Set Public Hearing June 13, 1997 to amend Rules 102 - Definition of Terms, 1106.1 - Pleasure Craft Coating Operations, 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations, 1171 - Solvent Cleaning Operations, and 1302 - Definitions (New Source Review).

James M. Lents, Ph.D.
Executive Officer

Background

U. S. EPA has excluded perchloroethylene, HCFC 225ca, HCFC 225cb and HFC-43-10-mee from the federal definition of VOC. The exclusion for perchloroethylene was effective March 8, 1996. [ 61 Federal Register 4588 / Vol. 61 No. 26/ Wednesday, February 7, 1996 / Rules and Regulations ] The exclusion for HCFC 225ca, HCFC 225cb and HFC-43-10mee was effective November 7, 1996. [ 61 Federal Register 52847 / Vol. 61. No. 196 / Tuesday, October 8, 1996 / Rules and Regulations] EPA excluded these compounds from the federal VOC definition on the basis that they have negligible photochemical reactivity. EPA’s actions revised the VOC definition for purposes of preparing SIPs to attain and maintain the national ambient air quality standards (NAAQS) for ozone under Title I of the Clean Air Act (Act).

The AQMD accepts EPA’s findings regarding the photochemical reactivity of these compounds. Therefore, AQMD proposes to list the aforementioned compounds as "exempt compounds" relative to the definition of VOC. This action by AQMD does not limit AQMD’s ability to regulate these compounds, as appropriate, under any other rule or regulation. For example, AQMD will continue to regulate perchloroethylene as a carcinogenic air contaminant under Rule 1402 - Control of Toxic Air Contaminants from Existing Sources. EPA has also promulgated NESHAPs for the control of perchloroethylene from dry cleaners and degreasers pursuant to Title III of the Act.

Proposal

The proposed amendments to Rule 102 add perchloroethylene, HCFC 225ca, HCFC 225cb, and HFC 43-10mee to the list of exempt compounds. Perchloroethylene is being added as a Group II Exempt Compound with an effective date of December 2, 1997. This is the date on which EPA’s NESHAP will start to control perchloroethylene emissions from existing degreasers. The other three compounds are being added as Group I Exempt Compounds effective the date of adoption. Furthermore, two additional definitions are being added to Rule 102: "Clean Air Solvent" and "Ozone Depleting Compounds." These two definitions are being deleted from Rules 1171 and 1302, respectively, and consolidated in Rule 102. The transfer of these definitions is an administrative action and does not change the meaning of these terms.

The Group II Exempt Compound category was initially developed to list ozone depleting compounds (ODCs); however, this category later evolved to include compounds for which a warning on future regulatory action was warranted. Rules 1106.1, 1151, and 1171 restrict the use of Group II Exempt Compounds with the intent to restrict the use of ODCs. However, VMS, PCBTF, and perchloroethylene are not considered ODCs. VMS and PCBTF were previously incorporated as Group II Exempt Compounds as part of the November 1995 amendments to Rule 102, pending further investigation on their potential toxicity. Perchloroethylene is proposed to be listed as a Group II Exempt Compound as part of this proposal.

The proposed amendments to Rule 1106.1 and 1151 will allow the use of VMS, PCBTF, and perchloroethylene at facilities subject to Rules 1106.1 or 1151. In a previous amendment in September 1996, the use of VMS and PCBTF was allowed in solvent cleaning operations subject to Rule 1171, based on available information. This proposal will extend such flexibility to pleasure craft coating operations subject to Rule 1106.1 and autobody shops subject to Rule 1151. The proposed amendments to Rule 1171 will allow the use of perchloroethylene in solvent cleaning operations.

Policy Issues

There are no major unresolved policy issues.

AQMP & Legal Mandate

The California Health and Safety Code requires the AQMD to adopt an Air Quality Management Plan (AQMP) to meet state and federal ambient air quality standards in the South Coast Air Basin. The California Health and Safety Code also requires that the AQMD adopt rules and regulations that carry out the objectives of the AQMP. This proposal complies with the objectives of the AQMP and does not impact any future emission reductions or implementation of the AQMP.

CEQA & Socioeconomic Analysis

AQMD staff has evaluated the proposed amendments pursuant to CEQA and will prepare the appropriate environmental document. The document will be circulated for a 30-day public review and comment period. All comments received on the draft CEQA document will be incorporated into the final CEQA document, which will be available to the public and the Board prior to the Public Hearing.

Implementation Plan

The definitions in Rule 102 supersede all exempt compound definitions in other AQMD regulations including, but not limited to, Regulations III - Fees, IV - Prohibitions, XI - Source Specific Standard, and XIII - New Source Review; however, the proposed changes will have no impact on existing emission limits. In fact, this proposal may facilitate compliance with the emissions limitations of Rules 1106.1, 1151, and Rule 1171 through the use of exempt compounds, thus lowering VOC emissions. Staff will work with all affected facilities to implement the proposed revisions, following Board action.

Resource Impacts

AQMD resources are sufficient to implement the proposed amendment and no additional impacts are expected on staff or fiscal resources.

Attachments:

Summary of Proposed Amendments
Rule Development
Key Contact List
Key Issues and Response
Draft Rule Language
Draft Staff Report
Draft Environmental Assessment

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ATTACHMENT A

SUMMARY OF PROPOSED AMENDMENTS

Rules 102 and 1302

Add perchloroethylene, HCFC 225ca, HCFC 225cb, and HFC-43-10mee to the "Exempt Compounds" definition of Rule 102. Perchloroethylene is proposed to be listed, effective December 2, 1997, under the Group II Exempt Compound category. HCFC 225ca, HCFC 225cb, and HFC-43-10mee are proposed to be listed under the Group I Exempt Compound category, effective the date of adoption. The definition of the terms "Exempt Compounds" and "Ozone Depleting Compounds" were eliminated in Rule 1302 and referred to Rule 102.

Rules 1106.1, 1151, and 1171

Allow the use of VMS, PCBTF, and perchloroethylene in operations regulated under Rules 1106.1 and 1151. Allow the use of perchloroethylene in operations regulated by Rule 1171.