BOARD MEETING DATE: May 14, 1999 AGENDA NO. 35
PROPOSAL:
Amend Rule 218 - Continuous Emission Monitoring and Adopt Proposed Rule 218.1 - Continuous Emission Monitoring Performance Specifications
SYNOPSIS:
The proposed amendments to Rule 218 will delete obsolete language, clarify administrative requirements, provide flexibility, delete the stack monitoring system performance specifications and revise the rule title from Stack Monitoring to Continuous Emission Monitoring. Proposed Rule 218.1 will incorporate the continuous emission monitoring system performance specifications, as well as revise and identify performance specifications to meet AQMD requirements for approval.
COMMITTEE:
Stationary Source, March 19, 1999, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
- Certifying the Notice of Exemption for Proposed Amended Rule 218 - Continuous Emission Monitoring and Proposed Rule 218.1 - Continuous Emission Monitoring Performance Specifications
- Amending Rule 218 - Continuous Emission Monitoring
- Adopting Proposed Rule 218.1 - Continuous Emission Monitoring Performance Specifications
- Adopting Proposed Rule 218.1, Attachment A - Supplemental and Alternative CEMS Performance Requirements.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
The AQMD Governing Board first adopted Rule 218 - Stack Monitoring, on January 9, 1976. This rule requires continuous stack emission monitoring of oxides of nitrogen (NOx), sulfur dioxide (SO2), gaseous sulfur compounds (calculated as SO2) and carbon monoxide (CO) discharged from sources such as power plants, refineries, sulfuric acid plants, and nitric acid plants. Several amendments to the rule were adopted subsequently to provide procedural clarity and facilitate enforcement. No further amendments have been made since the last amendments were adopted on August 7, 1981. Since then, the development and adoption of source specific rules, the recent adoption of RECLAIM, and the advancement in continuous emissions monitoring technology have made many of the provisions of Rule 218 obsolete or out-of-date.
Proposal
The staff recommendation is to divide the administrative and technical provisions of the current Rule 218 into two separate rules, Proposed Amended Rule 218 - Continuous Emission Monitoring (PAR218) and Proposed Rule 218.1 - Continuous Emission Monitoring Performance Specifications (PR218.1). These are technical rules that do not result in emissions reductions. PAR218 specifies the administrative requirements for continuous emission monitoring including applicability, the application and approval process for CEMS, compliance dates, and record retention and reporting. PR218.1 provides for CEMS certification, performance specifications, and technical requirements for CEMS operation and maintenance. PAR218 & PR218.1 will apply to all sources that require CEMS as specified in AQMD regulations or permit conditions, including CEMS that are required under Rule 1110.2 - Emissions from Gaseous- and Liquid-Fueled Internal Combustion Engines, Rule 1134 - Emissions of Oxides of Nitrogen from Stationary Gas Turbines, Rule 1135 - Emissions of Oxides of Nitrogen from Electric Power Generating Systems, and Rule 1146 - Emissions of Oxides of Nitrogen from Industrial Institutional, Commercial Boilers, Steam Generators and Process Heaters.
PAR218 and PR218.1 will not apply to those CEMS under Regulation XX - Regional Clean Air Incentive Market (RECLAIM), Regulation IX - New Source Performance Standards, Regulation X - National Emission Standards for Hazardous Air Pollutants (NESHAPS), and Regulation XXXI - Acid Rain Program. Furthermore, the proposals do not apply to continuous monitoring systems subject to permit conditions where the purpose of the monitoring system is to monitor the performance of the basic and/or control equipment and not to determine compliance with any applicable limit or standard. The proposals do not supercede any regulation or permit condition where alternative performance specifications and administrative requirements are stipulated. There are currently about 60 CEMS that would be affected by PAR218 and PR218.1.
PAR 218 and PR 218.1 are intended to provide administrative and technical clarity for the review, certification, and approval of CEMS, and provide ongoing performance specifications for certified CEMS. Attachment A is a summary of the proposals.
At the direction of the Stationary Source Committee, staff requested EPA Region IX to review the proposed amendments to Rule 218 and newly proposed Rule 218.1, with respect to conformity with Title V. The specific issues were the inclusion of the absolute de minimus values for Relative Accuracy (RA) performance specifications and alternative quality assurance requirements, and their impact on stringency relative to federal requirements under 40CFR60, Appendices B and F.
EPA Region IX expressed concern over how emission limits in these lower ranges would be enforced and originally agreed to the use of a de minimus absolute performance specification provided that the AQMD commit to developing written guidelines on how enforcement would be handled where low emission limits are an issue. However, upon concurring with the efficacy of addressing measurements at or near the lower limits of current technology, the availability and accuracy of low concentration of calibration gases, and the degree of precision of the reference methods at low concentrations, EPA subsequently eliminated the written enforcement guideline requirement and agreed to the use of PR218.1 absolute de minimus relative accuracy specifications.
Legal Mandates
A noticed initial public workshop was held on March 25, 1998. This was followed by a consultation meeting on June 11, 1998 to provide feedback to key contacts and interested parties regarding staff responses to the public comments. A noticed second public workshop was held on August 26, 1998 to discuss and obtain public inputs regarding the changes to the proposals that were made following the consultation meeting. On April 2, 1999, another consultation meeting was held to discuss and receive public comments on the changes that address EPA’s comments and recommendations.
As a result of public comments, staff made two key conceptual changes to PAR218 and PR218.1. In response to concerns about having local requirements when federal requirements exist for CEMS, the proposed rules now provide an option for new or modified CEMS owners or operators to comply with either federal or PR218.1 performance specifications. Such specifications for PR218.1 are equivalent to or more stringent than federal provisions, except that at low emission levels, PR218.1 specifies a de minimus level while federal specifications do not.
The second conceptual change involves existing CEMS. Rather than requiring compliance with new or modified CEMS requirements after a specified period of time, owners or operators will be allowed to obtain waivers for continued use of existing equipment as long as they can demonstrate that such equipment is properly functioning.
CEQA and Socioeconomic Analysis
The AQMD has reviewed the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15002(k) - Three Step Process, to determine which type of CEQA document to prepare for the proposed action. The AQMD has determined that PAR218 and PR218.1 are exempt from CEQA pursuant to CEQA Guidelines Section 15061 - Review for Exemption, since the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. A Notice of Exemption, prepared pursuant to CEQA Guidelines Section 15062 - Notice of Exemption, will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the adoption of the proposed project.
Staff has prepared a Socioeconomic Assessment Report, which is included as an addendum to the staff report.
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