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REPORT:

Rule and Control Measure Forecast

SYNOPSIS:

This report highlights AQMD rulemaking activity for 1998. Upcoming public workshops are noted, both in the regular calendar and in a separate list at the end of the report.

COMMITTEE:

Not applicable.

RECOMMENDED ACTION

Receive and file the attached report.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

The Rule and Control Measure Forecast Report provides the Board with monthly update of AQMD’s rulemaking and control measure implementation schedule. Rulemaking is a dynamic process, subject to ongoing revision. Scheduling changes which occurred since last month’s forecast are summarized:

Rules to be Rescheduled/Removed

Rule 461 - Gasoline Transfer and Dispensing

Proposed Amended Rule 461 is rescheduled from May 1998 to September 1998 to allow consideration of results from the enhanced Rule 461 action plan. It will also allow time to evaluate CARB’s findings on various compliance issues associated with the bellowsless nozzle systems. In the interim, staff will continue to implement administrative actions to mitigate any excess emissions from gasoline dispensing facilities.

Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II Rule 222 - Filing Requirements for Non-Permitted Equipment Rule 401 - Visible Emissions

Proposed Amended Rules 219, 222 and 401 are rescheduled from June 1998 to August 1998 to provide sufficient time for public participation and to complete the CEQA assessment requirements.

Rule 102 - Definitions

Proposed Amended Rule 102 is rescheduled from May 1998 to June 1998 to allow additional time for staff to evaluate remaining CEQA issues.

Regulation XIII - New Source Review

Regulation XIII is removed from the June schedule. Amendment to Regulation XIII is no longer necessary in view of analysis presented at the March 13, 1998 Board Meeting on the NSR Equivalency Report (Agenda # 25).

Rule 204.2 - Update of Permit Conditions to Implement Federal Regulations

Based on public comment, the AQMD will develop an alternative approach to implementing Title III requirements. Proposed Rule 204.2 has been removed from the calendar.

Rule 1169 - Hexavalent Chromium - Chrome Plating and Chromic Acid Anodizing

Proposed Amended Rule 1169 is rescheduled from June 1998 to August 1998. CARB’s ATCM rule, which is the basis for proposed amendments to Rule 1169, is not scheduled to be heard until their May 21, 1998 Board Meeting. Staff will expeditiously develop recommendations for adopting proposed rule amendments to implement CARB’s rule.

Reg. XXV - Intercredit Trading (CM #97FLX-01)

Reg. XXV is rescheduled from June 1998 to October 1998 to allow additional time for staff to meet with EPA on market incentive rules and to address environmental justice issues.

RULE AND CONTROL MEASURE FORECAST REPORT - APRIL 1998

Advance Target for Board Hearings

MAY 1998
Reg . III	Fees Proposed amendments support the AQMD FY 1998-99 Budget and may include an across-the-board adjustment to match the change in state Consumer Price Index and other potential amendments to fees. Ed Pupka - 909.396.3332 CEQA: Darren Stroud (2526) Socio: Shah Dabirian (3076)
JUNE 1998
102	Definitions Proposed amendments will add 11 compounds to the list of VOC exempt compounds. Anupom Ganguli - 909.396.3185 CEQA: Tara Tisopulos (2102) Socio: Sue Lieu (3059)
2202	On-Road Motor Vehicle Mitigation Options Rule amendments may be necessary based on SB 836 evaluation during early 1998. Catherine Wasikowski - 909.396.3264 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
1401*	New Source Review of Carcinogenic Air Contaminants As part of the Chairman’s Environmental Justice Initiatives, expanding the list of compounds included in Rule 1401 will be evaluated. Addition of non-cancer impacts will also be addressed. Exemptions for certain industries will be considered. The amendments will also implement Section 112(g) of the Federal Clean Air Act which establishes the National Toxics New Source Review requirements for major constructed and reconstructed sources. Jill Whynot - 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
1612 & 1620	Credits for Clean On-Road Vehicles and Credits for Clean Off-Road Mobile Equipment Minor amendments may be necessary to conform these rules to California Air Resources Board requirements to avoid double counting of emissions reductions, to specify requirements for retrofit kits, and to specify maximum allowable baseline emissions levels for credit calculations. Laki Tisopulos - 909.396.3123 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
431.1	Sulfur Content of Gaseous Fuels Proposed amendment will increase the allowable sulfur content of landfill gas. William Thompson - 909.396.2398 CEQA: Tara Tisopulos (3102) Socio: Sue Lieu (3059)

JULY 1998
1902	Transportation Conformity Required federal amendments need to be incorporated into current rule. Catherine Wasikowski - 909.396.3264 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
112	Definition of Minor Violation and Guidelines for Issuance of Notice to Comply Effective January 1, 1996, AB 2937 (Brulte) required each air district in the state of California to develop a rule governing issuance of a Notice to Comply for minor violations. A CAPCOA task force was convened that year to draft core rule language for adoption by all districts statewide, subject to minor local modifications as required. Following numerous public consultation meetings held throughout the state in 1997, comments were evaluated and rule language modified as necessary. Proposed Rule 112 - Definition of Minor Violation and Guidelines for Issuance of Notice to Comply represents the culmination of this effort to meet the requirements of AB 2937. Ed Pupka - 909.396.3332 CEQA: Darren Stroud (3054) Socio: Sue Lieu (3059)
1624	Credits for Clean Pleasure Craft Engines (CM#97MOF-07) Proposed rule will provide mobile source emission reduction credits for the replacement of existing higher-polluting pleasure craft engines with newer clean engines. Laki Tisopulos - 909.396.3123 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
CTS-04	Public Awareness/Education Programs - Area Sources Proposed guidelines will establish programs to educate certain stationary sources about lower emitting alternatives to reduce VOC emissions. La Ronda Bowen - 909.396.3235. CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
Reg. XX	RECLAIM Staff is evaluating the need for amendments to modify administrative and monitoring, recordkeeping & reporting requirements for RECLAIM facilities. These are issues which were not raised in time to be handled with the February 1997 amendments. Pang Mueller - 909.396.2433 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
MSC-02	In-Use Compliance Program for Air Pollution Control Equipment (all pollutants) The proposed rule will set guidelines and requirements for equipment manufacturing and suppliers to guarantee the performance of each air pollution control piece of equipment or system within specified operating parameters for a specific period of operations. Emission reductions are expected through maintenance of uniform performance standards. Anupom Ganguli - 909.396.3185 CEQA: Tara Tisopulos (3102) Socio: Sue Lieu (3059)
432	Gasoline Specifications Staff will consider a proposal to rescind this rule as the latest state and federal reformulated gasoline regulations have superseded the Bromine Number limitation specified by this rule. Mohsen Nazemi - 909.3960.2662 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)

JULY 1998	Continued
201	Permit to Construct Proposed amendments will incorporate those activities described in EPA’s definition of "begin actual construction." Edwin Pupka - 909.396.3332 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)
AUGUST 1998
1107	Coating of Metal Parts and Products Proposed amendments will implement CM #97CTS-02H of 1997 AQMP which called for emission reductions of 4.9 tons/day by 2010. This proposal will likely realize smaller emission reductions due to decreased VOC emissions inventory and a more focused target of sources for emissions reductions. Anupom Ganguli - 909.396.3185 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
1140	Abrasive Blasting Proposed amendments will prohibit sand blasting of lead containing materials in confined spaces. Ben Shaw - 909.396.2394 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
1173*	Fugitive Emissions of Volatile Organic Compounds (CM #97FUG-04) Proposed amendments will consider lowering leak thresholds for minor and major gas leaks; require the use of trained individuals for leak inspections; consider the new federal NESHAPs requirements; and address other issues regarding implementation of inspection and maintenance. Mohsen Nazemi - 909.396.2662 CEQA: Darren Stroud (2526) Socio: Bob Kneisel (3199)
218 218.1	Continuous Emissions Monitoring Proposed amendments will delete obsolete language; clarify administrative requirements for non-RECLAIM continuous emissions monitoring systems (CEMS); and delete CEMS performance specifications. Continuous Emission Monitoring Performance Specifications Proposed rule will revise and identify specifications for non-RECLAIM CEMS to meet AQMD requirements for approval. John Higuchi - 909.396.2267 CEQA: Jonathan Nadler (3071) Socio: Bob Kneisel (3199)
PRC-01	Emission Reductions from Woodworking Operations (PM10) The proposed rule will establish requirements for controlling PM10 emissions from woodworking operations. Fred Lettice - 909.396.2576 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)
1169	Hexavalent Chromium - Chrome Plating and Chromic Acid Anodizing Proposed amendments will incorporate the requirements of the chrome plating NESHAP. Ben Shaw - 909.396.2394 CEQA: Darren Stroud (2526) Socio: Shah Dabirian (3076)

AUGUST 1998	Continued
219 222 401	Equipment Not Requiring a Written Permit Pursuant to Regulation II Proposed amendments delete written permit requirements for equipment found to emit negligible amounts of air contaminants or equipment regulated by federal, or state air emission standards. Amendments may also add written permit requirements for equipment found to emit significant amounts of air contaminants. Filing Requirements for Non-Permitted Equipment Proposed rule will require some equipment that is currently exempt or proposed for exemption from permit under Rule 219 to register certain information with the AQMD to help facilitate compliance and outreach efforts. An annual update and compliance certification is being proposed. Charbroilers and other equipment being considered for this program. Visible Emissions An exemption is being considered for charbroilers. This equipment would still be subject to the states’ opacity limits. Jill Whynot - 909.396.3104 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
SEPTEMBER 1998
1158	Storage, Handling, and Transport of Petroleum Coke The purpose of Rule 1158 is to reduce the potential of a public nuisance caused by emissions by airborne particulate from storage, handling, and transport of petroleum coke. Proposed amendments will prohibit the open storage of petroleum coke. William Thompson - 909.396.2398 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059)
1437*	Furniture Stripping Operations Proposed rule will control methylene chloride emissions from furniture stripping operations. Ben Shaw - 909.396.2394 CEQA: Mike Krause (2706) Socio: Bob Kneisel (3199)
461	Gasoline Transfer and Dispensing Proposed rule amendments are necessary to improve industry compliance with rule requirements and resolve any inconsistencies with state law. Larry Bowen - 909.396.2575 CEQA: Jonathan Nadler (3071) Socio: Bob Kneisel (3199)
OCTOBER 1998
MSC-03	Promotion of Catalyst-Surface Coating Technology Programs for Air Conditioning Units Proposed rule will promote use of catalyst-surface coating technologies in residential and commercial air conditioning units. Catalyst surface coating may possibly be a required element for new sources or be included as a recommendation in AQMD’s CEQA Handbook. Henry Hogo - 909.396.3184 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)

OCTOBER 1998	Continued
462	Organic Liquid Loading Proposed amendments will consider incorporating the SIP changes requested by the U.S. EPA and the new federal NESHAP requirements for gasoline distribution facilities, as well as address issues regarding compliance determination and implementation of inspection and maintenance requirements. Mohsen Nazemi - 909.396.2662 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
1419	Emission Reduction from Livestock Waste Proposed rule will establish baseline emissions levels for livestock operations and the framework to ensure that the emission reduction targets for the year 2006, specified in the 1997 AQMP, are met. Laki Tisopulos - 909.396.3123 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)
Reg. XXV*	Intercredit Trading (CM #97FLX-01) Proposed regulation will link AQMD’s mobile and stationary source credit trading programs to increase compliance flexibility. Elaine Chang - 909.396.3186 / Jill Whynot (3104) CEQA: Jonathan Nadler (3071) Socio: Shah Dabirian (3076)
1102	Petroleum Solvent Dry Cleaners Proposed amendments will address comments received from the California Air Resources Board. Requested changes will include new housekeeping requirements and clarifications pertaining to day-to-day closed loop petroleum dry cleaners. Mike Mills - 909.396.2578 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059)
1146	Emissions of Oxides of Nitrogen from Industrial, Institutional and Commercial Boilers, Steam Generators, and Process Heaters Proposed amendments will address comments received from the California Air Resources Board. Requested changes include a yearly source test for all units with an annual heat input of 90,000 therms or greater and a lowering of the NOx emission limit from 40 ppm to 30 ppm. Mike Mills - 909.396.2578 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059)
NOVEMBER 1998
1403	Asbestos Emissions from Demolition/Renovation Activities Proposed amendments will clarify asbestos abatement procedures and provide consistency between AQMD, OSHA, and EPA guidelines. In addition, this rule will provide continuity between the abatement procedures of Proposed Rule 1423 and abrasive blasting in Rule 1140. Ben Shaw - 909.396.2394 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059):
1423	Lead Abatement Proposed rule will establish requirements for the safe handling, removal, monitoring and disposal of lead-containing materials. Ben Shaw - 909.396.2394 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059):
1105.1*	Fluid Catalytic Cracking Units (CM #97CMB-09) Proposed rule will reduce PM10 emissions from petroleum refinery fluid catalytic cracking units. Mohsen Nazemi - 909.396.2662 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)

NOVEMBER 1998	Continued
CTS-03	Consumer Product Education Labeling Program Proposed program will educate consumers regarding lower emitting alternatives to reduce VOC emissions. Fred Lettice - 909.396.2576 , La Ronda Bowen - 909.396.3285 CEQA: Tara Tisopulos (3102) Socio: Sue Lieu (3059)
1128	Paper, Fabric, and Film Coating Operations Staff is investigating a possible change to the existing rule VOC limit for diazo dyes in response to industry concerns. Fred Lettice - 909.396.2576 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
1104	Wood Flat Stock Coating Operations ARB evaluated the rule and proposed changes to obtain further emissions reductions. Staff is reviewing that evaluation to determine what, if any, amendments are necessary. Alene Taber - 909.396.3057 CEQA: Steve Smith (3054) Socio: Sue Lieu (3069)
DECEMBER 1998
Reg. XXX*	Title V Operating Permits Regulation XXX was developed to establish the parameters for an operating permit program that satisfies the requirements of Title V of the Clean Air Act Amendments of 1990. On August 29, 1994, U.S. EPA proposed revisions to regulations that define the minimum elements of an approvable operating permit program. These regulations may be finalized in 1998; if so, then Regulation XXX would be amended to parallel changes in the EPA program. Pang Mueller - 909.396.2433 CEQA: Darren Stroud (2526) Socio: Shah Dabirian (3076)
518.2	Federal Alternative Operating Conditions Proposed amendments will increase the SIP allowance consistent with the 1997 AQMP. Pang Mueller - 909.396.2433 CEQA: Jonathan Nadler (3071) Socio: Shah Dabirian 3076)
1407	Control of Emissions of Arsenic, Cadmium, and Nickel from Non-Ferrous Metal Melting Operations Proposed amendments will incorporate planned changes to the state ATCM for non-ferrous metal melting operations. Ben Shaw - 909.396.2394 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
1420	Emissions Standards for Lead Proposed amendments will incorporate planned changes to the state ATCM for lead-processing facilities. Ben Shaw - 909.396.2394 CEQA: Tara Tisopulos (3102) Socio: Sue Lieu (3059)
444	Open Fires (CM #97WST-03) Proposed amendments will delete obsolete language, clarify definitions, categorize burn activities, delineate the minimum requirements of agricultural burns, and incorporate control methods from CM #97WST-03. Mike Mills- 909.396-25782 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)

DECEMBER 1998	Continued
WST-02	Emission Reductions from Composting Operations Proposed rule will be implemented in two steps. Step one will consist of studies to quantify emissions on two composting activities in the Basin. If emissions are significant, Step two will identify control options to reduce emissions that are cost-effective and technically feasible. William Thompson - 909.396.2398 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)
Title III*	Title III Program & Regulation XVIII Regulation XVIII will establish the structure for "Local Program Approval" for all Title III rules, including equivalency coverage of: emission sources, hazardous air pollutants, emission limits, and criteria for practical and enforceable monitoring, recordkeeping and reporting. Other rules that may need to be amended include Rules 108, 109, 461, 462, 463, 464, 466, 477, 481, 1101, 1106, 1124, 1125, 1126, 1129, 1130, 1130.1, 1136, 1141, 1142, 1162, 1173, 1176, 1179, 1401, 1402, 1405, 1406, and 1420. Ben Shaw - 909.396.2394 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
1405	Control of Ethylene Oxide & CFC Emissions from Sterilization or Fumigation Processes Proposed amendments will clarify requirements for testing inlet samples. John Higuchi - 909.396.2267 CEQA: Darren Stroud (2526) Socio: Bob Kneisel (3199)
WST-04	Disposal of Materials Containing VOC The proposed rule will be implemented in two steps. Step one will consist of refining the emissions inventory and assessing control methods for organic waste disposal facilities. Step two will include implementation of cost-effective and technically feasible control methods. William Thompson - 909.396.2398 CEQA: Tara Tisopulos (3102) Socio: Sue Lieu (3059)
1166	Volatile Organic Compound Emissions from Decontamination of Soil This rule limits the emission of VOCs from soil contaminated as a result of leakage from storage or transfer facilities, from accidental spillage, or other deposition. Larry Bowen - 909.396.2575 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
1142	Marine Tank Vessel Operations Proposed amendments will consider changes to the rule language for the purposes of clarification of the applicability and the requirements, as well as for improving compliance determination and enforceability of the rule. Mohsen Nazemi - 909.396.2662 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
1106.1	Pleasure Craft Coating Operations Staff will evaluate and make recommendations on extending the compliance deadlines for top and bottom coatings, and changing the application methods. Alene Taber - 909.396.3057 CEQA: Tara Tisopulos (3102) Socio: Sue Lieu (3059)

DECEMBER 1998	Continued
1110.2	Emissions from Gaseous- and Liquid-Fueled Internal Combustion Engines This rule will: evaluate the current and expected future emission control technologies for stationary internal combustion engines and amend existing and future emission limits, as appropriate; evaluate the continuous emission monitoring and source testing requirements to determine if acceptable alternatives exist and make changes to the monitoring and testing requirements, frequency and methods; evaluate the impact of the new PM 2.5 NAAQS and amend the requirements of the rule as necessary. Larry Bowen - 909.396.2575 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)
1113*	Architectural Coatings Staff is evaluating available coating technology to determine what existing VOC limits can be amended to obtain additional emission reductions from architectural coatings. Fred Lettice - 909.396.2576 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)
1151	Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations Staff is investigating possible changes to existing rule VOC limits in response to industry concerns. Fred Lettice - 909.396.2576 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
1130	Graphic Arts CARB has evaluated Rule 1130 and identified some areas where further emission reductions may be available. Staff is reviewing this evaluation to determine what, if any, amendments are necessary. Fred Lettice - 909.396.2576 CEQA: Steve Smith 3054 Socio: Sue Lieu (3059)
1103	Pharmaceuticals and Cosmetics Manufacturing Operations Rule 1103 is proposed to be modified to address CARB as well as EPA concerns. To address these concerns, staff is reviewing the level of control that the rule requires as well as monitoring and recordkeeping requirements. In addition, staff is reviewing the Executive Officer discretion language and test methodology for measuring vapor pressure. Dave Schwien - 909.396.2577 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059)
Reg. XVI	Mobile Source Credit Programs Amendments to rules will be required if Rule 2500 - Intercredit Trading is approved. Laki Tisopulos - 909.396.3123 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)

LATE 1998 (possibly Early 1999)

Rule adoption dates under review and will be determined by the Technology Committee

1402*

Control of Toxic Air Contaminants from Existing Sources Rule 1402 requires facilities with significant risks for cancer and non-cancer acute and chronic hazards to file and follow risk reductions plans which will reduce risks below specified levels within 5 years. As part of the Chairman’s Environmental Justice Initiatives, the list of compounds and the toxics significance thresholds in Rule 1402 will be evaluated, as well as other approaches to reduce toxic risk. Jill Whynot - 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)

UPCOMING PUBLIC WORKSHOPS

DATE	TIME	PLACE	SUBJECT
April 16, 1998	10:00 am	Headquarters Rm. CC6	FY 98-99 Draft Budget and Work Program, and ARB comments on the Three-Year Budget Forecast
April 24, 1998	11:00 am	Headquarters Rm. CC8	AQMD Governing Board Workshop on FY 98-99 Draft Budget and Work Program, and ARB comments on the Three-Year Budget Forecast.

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