BOARD MEETING DATE: May 8, 1998 AGENDA NO. 22




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. Scheduling changes which occurred since last month’s forecast are summarized:

Rules to be Rescheduled/Removed

PRC-01 - Emission Reductions from Woodworking Operations (PM10)

Proposed Control Measure PRC-01 is rescheduled from August 1998 to March 1999. Additional work needs to be performed to adequately quantify and analyze the PM10 and PM 2.5 emissions from the equipment used in the woordworking industry prior to moving forward with this proposed rule.

Rule 1140 - Abrasive Blasting

Proposed Amended Rule 1140 is rescheduled from August 1998 to November 1998. A November 1998 schedule will enable three rules (Rule 1423 - Lead Abatement, Rule 1403 - Asbestos Emissions from Demolition/Renovation Activities and Rule 1140 - Abrasive Blasting), all associated with demolition/renovation activities involving lead emissions to go to the Board at the same time.

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

Proposed Rule 1469 – Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations

The proposed Airborne Toxics Control Measure (ATCM), will require a complete revision of the existing Rule 1169 to achieve equivalency. Therefore, staff recommends that Rule 1169 be rescinded in August 1998 and develop Proposed Rule 1469 - Chrome Plating and Chrome Acid Anodizing Operations to incorporate all the elements of the ATCM. Proposed Rule 1469 is scheduled to the Board on August 1998.

Rule 1401 – New Source Review of Carcinogenic Air Contaminants

The Proposed Amended Rule 1401 is rescheduled from June 1998 to July 1998 to provide more time for the public to review the set hearing proposal.

Rule 201 – Permit to Construct

Proposed Amended Rule 201 is rescheduled from July 1998 to November 1998. Staff is awaiting final EPA ruling on public comments received on their New Source Review Reform Guidance Document. EPA’s findings will clarify existing Clean Air Act policy regarding allowable pre-construction activities.

Reg. XX - RECLAIM

The Proposed Amended Regulation XX is rescheduled from July 1998 to November 1998. Staff is awaiting for the adoption of the Proposed Amended Rule 218- Continuous Emissions Monitoring in August 1998 so staff will be able to incorporate the amendments in Regulation XX. Staff will also incorporate the RECLAIM Advisory Committee members’ recommendations on Three-Year Audit Report to be presented to Board in May 1998.

Rules 1612 & 1620 - Credits for Clean On-Road Vehicles and Credits for Clean Off-Road Mobile Equipment

Rules 1612 & 1620 are rescheduled from June 1998 to July 1998 pending final resolution of ARB/District MOU.

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

Proposed Rule 112 is rescheduled from July 1998 to September 1998. Additional work to be performed to prepare rule implementation procedures and new and revised Notice to Comply/Notice of Violation Guidelines prior to finalizing this proposed rule.




RULE AND CONTROL MEASURE FORECAST REPORT - MAY 1998
Advance Target for Board Hearings

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)

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


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 proposed 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)

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)

JULY 1998

Continued

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)

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)

AUGUST 1998


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)

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)

AUGUST 1998

Continued

219

222

401

312

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.

Filing Fees for Emission Sources Subject to Rule 222

This rule would specify fees for sources subject to Rule 222.

Jill Whynot - 909.396.3104 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059)

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)

1169

(Rescind)

1469

Hexavalent Chromium – Chrome Plating and Chromic Acid Anodizing

Hexavalent Chromium Emissions from Chrome Plating and Chromic Acid Anodizing Operations

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

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

SEPTEMBER 1998


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)

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)

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)

OCTOBER 1998

Continued

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# 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)

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 dry-to-dry 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):

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)

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)

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 , LaRonda 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)

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)

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)

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)

DECEMBER 1998

Continued

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# 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)

DECEMBER 1998

Continued

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)

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)

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 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)

MARCH 1999


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)




UPCOMING PUBLIC WORKSHOPS

DATE

TIME

PLACE

SUBJECT

May 22, 1998

9:30 am

Headquarters

Auditorium

Proposed Amended Rule 219 – Equipment Not Requiring A Written Permit Pursuant to Regulation II

Proposed Rule 222 – Filing Requirements For Specific Emission Sources Not Requiring A Written Permit Pursuant to Regulation II

Proposed Rule 312 – Filing Fees For Emission Sources Subject to Rule 222

Proposed Amended Rule 401 – Visible Emissions

Contact Person: Jill Whynot

909.396.3104

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