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REPORT:

Rule and Control Measure Forecast

SYNOPSIS:

This report highlights AQMD rulemaking activity for 1998 and provides a report on potential measures to mitigate an existing NOx shortfall. 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.

In addition, a brief report on potential approaches to mitigate a NOx shortfall from the recent amendment to 1110.2 is provided as Attachment A. 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

Title III - New Source Review for Major Toxic Sources

This regulation is removed from the May schedule. Section 112(g) of the Federal Clean Air Act will be incorporated in Rule 1401 - New Source Review of Carcinogenic Air Contaminants which is scheduled to be heard in June 1998.

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

Proposed Amended Rule 1158 is rescheduled from December 1998 to September 1998.

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

Proposed Rule 112 is rescheduled from April 1998 to July 1998 to allow additonal time for staff to meet with other districts to resolve remaining state-wide implementation issues and finalize amendments to the District’s Protocol for Issuance of Notice to Comply and Notice of Violation.

Rule 518.2 - Federal Alternative Operating Conditions

Proposed Amended Rule 518.2 is rescheduled from October 1998 to December 1998. EPA has not approved the existing Rule 518.2 into the SIP. EPA’s approval is essential in the implementation of the rule.

Reg. XXX - Title V Operating Permits

Proposed Amended Reg. XXX is rescheduled from October 1998 to December 1998. EPA has not completed Part 70 revision. Staff is waiting for the approved revision which will serves as a guideline in amending the rule.

Rules 1624 - Credits for Clean Pleasure Craft Engines (CM# MOF-07)

Proposed Rule 1624 is rescheduled from June 1998 to July 1998. Staff is awaiting input from industry representatives. Their feedback is essential in the development of implementation strategies.

Rule 1902 - Transportation Conformity

To accommodate a heavy agenda schedule, Rule 1902 is being rescheduled from June 1998 to July 1998.

RULE AND CONTROL MEASURE FORECAST REPORT - MARCH 1998

Advance Target for Board Hearings

APRIL 1998
Reg. II & 210	Proposed Amendments to List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the South Coast Air Quality Management District The existing List and Criteria identifies information required of applicants seeking permits to construct air pollution sources and requires submission of such information before an application can be determined to be complete. Proposed amendments further augment this information, consistent with Permit Streamlining Act requirements. Applications Proposed amendments further align rule language with Permit Streamlining Act requirements regarding the time frame within which a permit to construct may be granted or denied. Ed Pupka - 909.396.3332 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)
MAY 1998
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)
204.2	Update of Permit Conditions to Implement Federal Regulations Proposed rule will require facilities to submit applications to update existing permits to demonstrate compliance with Title III of the 1990 Clean Air Act amendments. Ben Shaw - 909.396.2394 CEQA: Mike Krause (2706) Socio: Bob Kneisel (3199)
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 as well as a new technology advancement fee and other potential amendments to fees. Ed Pupka - 909.396.3332 CEQA: Darren Stroud (3054) Socio: Shah Dabirian (3076)
102	Definitions Rule 102 will add 15 compounds to the list of VOC exempt compounds. Anupom Ganguli - 909.396.3185 CEQA: Tara Tisopulos (2102) Socio: Sue Lieu (3059)
JUNE 1998
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)

JUNE 1998	Continued
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 evaluated. Addition of non-cancer impacts will also be addressed. 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)
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. Rules 201, 203, 206, and 212 may need minor changes to enable the Rule 222 approach. 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)
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)
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)

JUNE 1998	Continued
Reg. XXV*	Intercredit Trading (CM# FLX-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)
Reg. XIII*	New Source Review Proposed amendments will reduce and eliminate any future potential shortfalls in NOx emission credits with respect to the state law requirement for "no net emission increase" from new and modified permitted sources within the AQMD. Anupom Ganguli - 909.396.3185 CEQA: Tara Tisopulos (3102) Socio: Bob Kneisel (3199)
CARB Requested Rule Makings	CARB staff evaluation due early 1998 Requested rule amendments could include Rule 1102, 1103, 1104, 1130, and possibly others.
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# MOF-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 guideline will establish programs to educate certain stationary sources about lower emitting alternatives to reduce VOC emissions. LaRonda Bowen - 909.396.3235. CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)

JULY 1998	Continued
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)
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 Control Measure 97-CTS-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 materials with lead in confined spaces. Ben Shaw - 909.396.2394 CEQA: Jonathan Nadler (3071) 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)
1173*	Fugitive Emissions of Volatile Organic Compounds (CM# FUG-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)

AUGUST 1998	Continued
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)
SEPTEMBER 1998
1158	Storage, Handling, and Transport of Petroleum Coke Rule 1158 is the purpose of reducing 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
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)
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)
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)

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# CMB-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)
CTS-03	Consumer Product Education Labeling Program Proposed rule will provide for product label to inform consumers of lower VOC-emitting alternatives. Fred Lettice - 909.396.2576 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)
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)

DECEMBER 1998	Continued
444	Open Fires (CM# WST-03) Proposed amendments will delete obsolete language, clarify definitions, categorize burn activities, delineate the minimum requirements of agricultural burns, and incorporate control methods from Control Measure WST-03. Mike Mills- 909.396-25782 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059)
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 Volatile Organic Compounds (VOC) from soil contaminated with VOC 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)

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 AAQS and amend the requirements of the rule as necessary. Larry Bowen - 909.396.2575 CEQA: Darren Stroud (2526) 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)
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)
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 and 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
March 20, 1998	TBD	Headquarters	CTS-04 - Public Awareness/Education Programs - Area Sources
March 24, 1998	10:00 am	Headquarters Auditorium	Regulation III - Fees
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 Works Program, and ARB comments on the Three-Year Budget Forecast.

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