BOARD MEETING DATE: August 14, 1998 AGENDA NO. 21




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 a monthly update of AQMD’s rulemaking and control measure implementation schedule. Rulemaking is a dynamic process, subject to ongoing revision. Updated schedules for November and December to reduce the number of rulemakings in each of these months will be provided as part of the September Board package. Scheduling changes which occurred since last month’s forecast are summarized:

Rules to be Rescheduled/Removed and Additions

Rule 112 – Definition of Minor Violation and Guidelines for Issuance of Notice to Comply

Proposed Rule 112 is rescheduled from September 1998 to November 1998 to allow staff time to finalize needed changes to the District’s Protocol for Notice to Comply/Notice of Violation following recent rule adoption/amendment activities.

Rule 218 – Continuous Emissions Monitoring

Rule 218.1 – Continuous Emission Monitoring Performance Specifications

Proposed Amended Rule 218 and Proposed Rule 218.1 are rescheduled from September 1998 to November 1998. At the June Stationary Source Committee meeting, Board Members expressed concern that the proposed rules would add requirements to facilities without a significant benefit in terms of emission reductions or data quality. Staff was directed to meet with affected facilities on the issues and report back to the committee on the outcome of the meeting. Staff is developing a different approach to the continuous monitoring regulations and the change is anticipated to require a noticed public workshop. Therefore, staff proposes to reschedule the hearing on these rules to allow sufficient time to notice and hold a public workshop and report back to the Stationary Source Committee.

Rule 444 – Open Fires (CM #97WST-03)

Rule 444 has been deleted from the December 1998 calendar at this time. EPA recently released a federal wildland fire policy that would require air districts and states to develop a fire management program or revise their current fire management program to be consistent with the federal policy. In addition, the EPA prefers that MOUs be established between the air districts, state, federal land managers, and fire departments to implement the fire management program. Instead of formal rule amendments to Rule 444, staff will be working with the stakeholders to develop the fire management MOU. The MOU will be brought to the Governing Board for approval. Staff has initiated discussions with various fire departments and federal land managers and will develop a schedule for developing the MOU. In addition, the ARB is considering amendments to Title 17 to be consistent with the federal fire policy. ARB envisions that the amendments would be completed sometime in 1999. If necessary, Rule 444 may need to be amended after the state revisions.

Rule 461 – Gasoline Transfer and Dispensing

Proposed Amended Rule 461 is added to the October 1998 calendar. In order for the District to abide by the requirements of AB 2243 and CARB's performance standards, to ease the regulatory burden to the affected industry without sacrificing air quality in the AQMD, and based on review of available data; staff recommends amending the rule to revise the existing requirement of installing a CARB certified Phase II vapor recovery system with 95% efficiency to 90% efficiency for mobile fuelers.

In addition, a comprehensive set of amendments are being developed to improve industry compliance with rule requirements and resolve any inconsistencies with state law. These amendments are being delayed to complete the gas station audit program, review the results with industry and other interested parties, and develop additional compliance assurance mechanisms.

Rule 1103 – Pharmaceuticals and Cosmetics Manufacturing Operations

Proposed Amended Rule 1103 is rescheduled from December 1998 to March 1999. Staff need additional time address SIP approval issues. No emission reductions are expected.

Rule 1158 – Storage, Handling, and Transport of Petroleum Coke

Proposed Amended Rule 1158 is rescheduled from October 1998 to November 1998. Staff need additional time to address remaining issues.

Rule 1401 – New Source Review of Toxic Air Contaminants

Proposed Amended Rule 1401 is added to January 1999 calendar. At the July 10, 1998 Governing Board meeting, the Board continued the hearing for six months for consideration of adding additional nickel compounds, sodium hydoxide and hydrochloric acid and requested staff to return in three months with a progress report.

Rule 1419 – Emission Reduction from Livestock Waste

Proposed Rule 1419 is deleted from the October 1998 calendar. Phase I, which would have established a reporting system to monitor emission inventory changes from these operations, is proposed for deletion from the rulemaking calendar. Working cooperatively with industry, staff has identified alternative, nonregulatory means to gather the inventory information intended to be obtained by the proposed rule. Staff is committed, however, to move forward with the development of Phase II of the rule by 2002 that would require the implementation of emission reduction strategies.

Title III Program and Regulation XVIII

The Home Rule Advisory Group and staff are working with EPA to develop alternative approaches for determining equivalency with Title III MACT requirements. Staff is deleting Proposed Regulation XVIII at this time to pursue development of these alternative approaches.

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

Reg. XXV is delayed until Spring 1999 to allow time to incorporate findings of the MATES II study in the assessment of market incentive programs impacting toxic hot spots in the Basin. This delay will also allow time for the Federal Economic Incentives Program (EIP) guidance to evolve and to continue to work with EPA to resolve outstanding policy issues related to recently adopted Market Incentive Rules.

MSC-03 – Promotion of Catalyst-Surface Coating Technology Programs for Air Conditioning Units

Control Measure MSC-03 has been deleted from the October 1998 calendar. Staff is reviewing an ARB proposal to allow for VOC credits for the catalyst surface coating in mobile source applications. ARB will be considering the proposal in November 1998. If the proposal credit approach is found to be applicable to stationary sources, staff will pursue development of an incentives program for stationary sources.

RULE AND CONTROL MEASURE FORECAST REPORT - AUGUST 1998

Advance Target for Board Hearings

SEPTEMBER 1998


219









222









401

Equipment Not Requiring a Written Permit Pursuant to Regulation II [Projected Emission Reduction: Administrative only]

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
[Projected Emission Reduction: Administrative only]

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 are being considered for this program.

Visible Emissions [Projected Emission Reduction: Administrative only]

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: Bob Kneisel (3199)

OCTOBER 1998


461

Gasoline Transfer and Dispensing
[Projected Emission Increase: 0.003 ton/day VOC]

In order to address compliance issues of mobile fuelers, staff recommends a minor change to Rule 461 to require the users of such equipment to install CARB-certified Phase II vapor recovery equipment. Staff is proposing to revise the 95% requirement to 90% to reflect available technology and comply with AB2243. A more comprrehensive set of amendments to Rule 461 are planned for later this year to be considered by the Governing Board.

Larry Bowen - 909.396.2575 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)

1102

Petroleum Solvent Dry Cleaners

[Projected Emission Reduction: TBD]

Proposed amendments will address comments received from the ARB. Requested changes will include new housekeeping requirements and clarifications pertaining to dry-to-dry closed loop petroleum dry cleaners.

Mike Mills - 909.396.2578 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)

1146

Emissions of Oxides of Nitrogen from Industrial, Institutional and Commercial Boilers, Steam Generators, and Process Heaters

[Projected Emission Reduction: TBD]

Proposed amendments will address comments received from the CARB. 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: Darren Stroud (2526) Socio: Sue Lieu (3059)

1169


(Rescind)

1469

Hexavalent Chromium – Chrome Plating and Chromic Acid Anodizing

Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations
[Projected Emission Reduction: None—State law]

Proposed rule will replace the AQMD’s existing Rule 1169. Proposed Rule 1469 will incorporate the new Airborne Toxic Control Measure adopted by ARB.

Ben Shaw – 909.396.2394 CEQA: Darren Stroud (2526) Socio: Shah Dabirian (3076)

2202

On-Road Motor Vehicle Mitigation Options
[Projected Emission Reduction: Administrative only]

Proposed amendments are in response to SB 432 (Lewis) requirements to permanently raise the work-site threshold to 250, thereby changing the applicability threshold of the Rule. Administrative clarifications to the Rule guidelines are also included, consistent with their intent of the Rule.

Catherine Wasikowski – 909.396.3264 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)

NOVEMBER 1998


112

Definition of Minor Violation and Guidelines for Issuance of
Notice to Comply
[Projected Emission Reduction: Administrative only]

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)

1158

Storage, Handling, and Transport of Petroleum Coke

[Projected Emission Reductions: <5.0 tons/day – PM10]

The purpose of Rule 1158 is to reduce the potential of a public nuisance caused by emissions of airborne particulate from storage, handling, and transport of petroleum coke.

William Thompson - 909.396.2398 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)

218







218.1

Continuous Emissions Monitoring
[Projected Emission Reduction: Administrative only]

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
[Projected Emission Reduction: Administrative only]

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)

1403

Asbestos Emissions from Demolition/Renovation Activities
[Projected Emission Reduction: Administrative only]

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: Shah Dabirian (3076)

1423

Lead Abatement

[Projected Emission Reductions: <0.004 ton/day – Lead]

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):

1140

Abrasive Blasting
[Projected Emission Reduction: None]

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)

1105.1*

Fluid Catalytic Cracking Units (CM #97CMB-09)

[Projected Emission Reductions: <0.5 ton/day – PM10]

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)

CTS-03

Consumer Product Education Labeling Program
[Projected Emission Reduction: Administrative only]

Proposed program will educate consumers regarding lower emitting alternatives to reduce VOC emissions.

Fred Lettice - 909.396.2576 , LaRonda Bowen - 909.396.3285

CEQA: Tara Tisopulos (3102) Socio: Sue Lieu (3059)

1128

Paper, Fabric, and Film Coating Operations

[Projected Emission Reductions: <0.17 ton/day – VOC]

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
[Projected Emission Reduction: TBD]

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: Mike Krause (2706) Socio: Sue Lieu (3069)

201*

Permit to Construct

[Projected Emission Reduction: Administrative only]

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)

Reg. XX

RECLAIM
[Projected Emission Reduction: Administrative only]

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)

DECEMBER 1998


MSC-02

In-Use Compliance Program for Air Pollution Control Equipment (all pollutants)
[Projected Emission Reduction: TBD]

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: Darren Stroud (2526) Socio: Bob Kneisel (3199)

461

Gasoline Transfer and Dispensing
[Projected Emission Reduction: TBD]

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: Sue Lieu (3059)

Reg. XXX*

Title V Operating Permits
[Projected Emission Reduction: TBD]

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

[Projected Emission Reduction: Administrative only]

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
[Projected Emission Reduction: TBD]

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
[Projected Emission Reduction: TBD]

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)

WST-02

Emission Reductions from Composting Operations
[Projected Emission Reduction: TBD]

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)

1405

Control of Ethylene Oxide & CFC Emissions from Sterilization or Fumigation Processes
[Projected Emission Reduction: Administrative only]

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
[Projected Emission Reduction: TBD]

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

[Projected Emission Reduction: TBD]

This rule limits the emission of VOCs from soil contaminated as a result of leakage from storage or transfer facilities, accidental spillage, or other deposition.

Larry Bowen - 909.396.2575 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)

1142

Marine Tank Vessel Operations

[Projected Emission Reduction: TBD]

Proposed amendments will consider changes to the rule language for the purposes of clarification of applicability and requirements, as well as 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

[Projected Emission Reduction: TBD]

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)

1110.2

Emissions from Gaseous- and Liquid-Fueled Internal Combustion Engines

[Projected Emission Reduction: TBD]

This rule will: evaluate current and expected future emission control technologies for stationary internal combustion engines and amend existing and future emission limits, as appropriate; evaluate 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 impact of the new PM 2.5 NAAQS and amend rule requirements as necessary.

Larry Bowen - 909.396.2575 CEQA: Darren Stroud (2526) Socio: Sue Lieu (3059)

1113*

Architectural Coatings

[Projected Emission Reductions: 20 tons/day – VOC]

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

[Projected Emission Reduction: TBD]

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

[Projected Emission Reduction: TBD]

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: Jonathan Nadler (3071)

Socio: Sue Lieu (3059)

Reg. XVI

Mobile Source Credit Programs

[Projected Emission Reduction: TBD]

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)

1437*

Furniture Stripping Operations

[Projected Emission Reductions: 0.08 ton/day – MeCl]

Proposed rule will control methylene chloride emissions from furniture stripping operations.

Ben Shaw - 909.396.2394 CEQA: Mike Krause (2706) Socio: Bob Kneisel (3199)

1173*

Fugitive Emissions of Volatile Organic Compounds (CM #97FUG-04)

[Projected Emission Reductions: 0.5 ton/day – VOC]

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)

462

Organic Liquid Loading

[Projected Emission Reduction: TBD]

Proposed amendments will consider incorporating SIP changes requested by U.S. EPA and new federal NESHAP requirements for gasoline distribution facilities, as well as address issues regarding compliance determination and implementation of inspection and maintenance requirements.

Pang Mueller - 909.396.2433 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)

LATE 1998 (possibly Early 1999)

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

1402*

1401

Control of Toxic Air Contaminants from Existing Sources

[Projected Emission Reduction: TBD]

Rule 1402 requires facilities with significant risks for cancer and non-cancer acute and chronic hazards to file and follow risk reduction 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.

New Source Review of Toxic Air Contaminants

[Projected Emission Reduction: TBD]

Both Rules 1401 and 1402 will be evaluated for possible amendments to address cumulative impacts from air toxics.

Jill Whynot - 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)

EARLY SPRING 1999
Reg. XXV*
Intercredit Trading (CM #97FLX-01)

[Projected Emission Reduction: TBD]

Proposed regulation will link AQMD’s mobile and statinary source credit trading programs to increase compliance flexibility.

Elaine Chang – 909.396.3186 / Jill Whynot - 909.396.3104 CEQA: Jonathan Nadler (3071) Socio: Shah Dabirian (3076)

JANUARY 1999


1401*

New Source Review of Toxic Air Contaminants

[Projected Emission Reduction: TBD]

At the July 10, 1998 Governing Board meeting, the Board continued the hearing for six months for consideration of adding additional nickel compounds, sodium hydoxide and hydrochloric acid.

Jill Whynot - 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)

MARCH 1999


PRC-01

Emission Reductions from Woodworking Operations (PM10)

[Projected Emission Reduction: TBD]

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)

1103

Pharmaceuticals and Cosmetics Manufacturing Operations

[Projected Emission Reduction: TBD]

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: Tara Tisopulos (3102)

Socio: Sue Lieu (3059)

JULY 1999


1624

Credits for Clean Pleasure Craft Engines (CM #97MOF-07)

[Projected Emission Reduction: TBD]

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: Shah Dabirian (3076)

UPCOMING PUBLIC WORKSHOPS

Date Time
Topic
Location/Contact
8/27 1:30 p.m.

Amend Rule 102 – Permit to Construct

AQMD Diamond Bar Auditorium
Ed Pupka / 909.396.3332

/ / /