BOARD MEETING DATE: January 21, 2000
AGENDA NO. 19
REPORT:
Rule and Control Measure Forecast
SYNOPSIS:
This report highlights AQMD rulemaking activity for the year 2000. Upcoming public workshops are also noted in the report.
COMMITTEE:
Stationary Source, December 17, 1999 Reviewed
RECOMMENDED ACTION:
Receive and file.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
AQMD is required by state law to publish a list of all rules potentially scheduled for consideration during the coming year. Every January, the Rule Forecast Report is expanded for this purpose and to present a progress report for the Board. The rule schedule for 2000 is demanding. In order to implement the 1999 Amendment to 1997 AQMP, continue to reduce exposure to toxic air contaminants, and address CARB and EPA concerns, staff will bring up to 50 proposed rulemakings before the Board in 2000. As part of the adoption of the 1999 AQMP Amendment, the AQMD is committed to achieving 10 tons/day of VOC emission reduction from adoption of six of the seven AQMP control measures in the year 2000. The six control measures represent implementation commitments to achieve 3.8 tons/day in 2002; 0.9 tons/day in 2003, 4.0 in 2004, and 1.3 tons/day in 2008.
Progress in 1999
Significant progress was made in 1999 in the development and adoption of rules and rule amendments. Thirty-nine rules were amended with four SIP measures achieving over 64 tons/day VOC, and 9.4 tons/day NOx when fully implemented based on the 1997 AQMP baseline emission inventories. In addition, Rule 1401 was amended to mitigate the impacts of key toxic air contaminants from new or modified sources. Furthermore, a number of rules were amended to improve enforceability, and/or address CARB and EPA concerns.
RULE AND CONTROL MEASURE FORECAST REPORT - JANUARY 2000
MASTER CALENDAR
Advance Target for Board Hearings
Below is a list of all rulemaking activity scheduled for the year 2000. The last three columns refer to the type of rule adoption or amendment: AQMP refers to the adoption and implementation of AQMP control measures (Attachment A); Toxics refers to the adoption and implementation of programmatic as well as source specific toxic related rules (Attachment B); and Other refers to administrative rules or changes to an existing rule to clarify or improve rule enforceability, SIP corrections, or implementing state or federal regulations (Attachment C). A more detailed description of the proposed rule adoption or amendment is located after this calendar under the type of rule adoption or amendment (i.e. AQMP, Toxics, and Other) Upcoming Public Workshops are located at the end of the report (Attachment D).
|
MARCH |
AQMP |
TOXICS |
OTHER |
|
|
1150.1 |
Control of Gaseous Emissions from Municipal Solid Waste Landfills (CM #99WST-04) |
|
||
|
1402* and 1401 |
Control of Toxic Air Contaminants from Existing Sources New Source Review of Toxic Air Contaminants |
|
||
|
APRIL |
||||
|
461* |
Gasoline Transfer and Dispensing (CM#99RFL-02, Phase II) |
|
|
|
|
Reg. IX |
Standards of Performance for New Stationary Sources |
|
||
|
1190* |
Clean Fuel On-Road Vehicles for Government and Airport Operations |
|
|
|
|
MAY |
||||
|
216 |
Appeals |
|
||
|
219 |
Equipment Not Requiring a Written Permit Pursuant to Reg. II |
|
||
|
222 |
Filing Requirements for Non-Permitted Equipment |
|
||
|
Reg. III |
Fees |
|
||
|
1146 |
Emissions of Oxides of Nitrogen from Industrial Institutional and Commercial Boilers, Steam Generators, and Process Heaters |
|
||
|
Reg. XIII |
Regulation XIII - New Source Review (NSR) |
|
||
|
JUNE |
||||
|
403.1 |
Wind Entrainment of Fugitive Dust |
|
||
|
518.2 |
Federal Alternative Operating Conditions |
|
||
|
1610 |
Old-Vehicle Scrapping |
|
|
JULY |
AQMP |
TOXICS |
OTHER |
|
|
109 and XI |
Recordkeeping for Volatile Organic Compound Emissions. Also, for XI Rules this proposal will implement the recommendation of the Monitoring, Recordkeeping, and Reporting Task Force to streamline VOC recordkeeping. |
|
||
|
1122* |
Emission Reductions from Degreasing Operations (CM#99CTS-08, CM#99 ADV-CLNG) |
|
||
|
AUGUST |
||||
|
1110.2 |
Emissions from Gaseous- and Liquid-Fueled Internal Combustion Engines |
|
||
|
1102 |
Petroleum Solvent Dry Cleaners |
|
||
|
1103 |
Pharmaceuticals and Cosmetics Manufacturing Operations |
|
||
|
SEPTEMBER |
||||
|
442 |
Usage of Solvents (CM#99CTS-02O) |
|
||
|
1194 |
Food Manufacturing and Processing Operations (CM#99CTS-02O, CM#99PRC-06) |
|
||
|
OCTOBER |
||||
|
1138.1* |
Control of Emissions from Underfired Charbroiler Restaurant Operations (CM#99PRC-03, Phase II) |
|
||
|
1132* |
Emission Reductions from Large Solvent and Coating Operations (CM#99CTS-09) |
|
||
|
1166 |
Volatile Organic Compound Emissions from Decontamination of Soil |
|
||
|
1168* |
Emission Reductions from Adhesives (CM#99CTS-02E) |
|
||
|
NOVEMBER |
||||
|
1191* |
Emission Reductions from Woodworking Operations (PM10) (CM#97PRC-01) |
|
||
|
DECEMBER |
||||
|
201 |
Permit to Construct |
|
||
|
1105.1* |
Fluid Catalytic Cracking Units (CM#97CMB-09) |
|
||
|
2202 |
On-Road Motor Vehicle Mitigation Options |
|
||
|
TO-BE-DETERMINED |
||||
| 431.2 | Sulfur Content of Liquid Fuels |
|
||
|
Reg. XIII |
Regulation XIII - New Source Review (NSR) |
|
||
|
Reg. IV, XI and |
Various rule amendments needed to achieve AQMP emission reduction requirements and other requirements of state and federal law. Also, various XIV rules will be evaluated for possible command-and-control rules to reduce toxic emissions as part of the Air Toxics Reduction Plan (ATRP). |
|
|
|
|
1405 |
Control of Ethylene Oxide & CFC Emissions from Sterilization or Fumigation Processes |
|
|
Reg. XVI |
Mobile Source Credit Programs (CM#99 FLX-01) |
|
||
|
1624 |
Credits for Clean Pleasure Craft Engines (CM#97MOF-07) |
|
||
|
Reg. XX |
RECLAIM |
|
||
|
Reg. XXV* |
Intercredit Trading (CM#99FLX-01) |
|
||
|
EARLY 2001 |
||||
|
1173.1* |
Fugitive Emissions from Large Sources of Volatile Organic Compounds (CM#97FUG-04 and CM #99 FUG-05)) |
|
||
|
1193 |
Emission Reductions from Composting Operations (CM#99WST-02) |
|
|
Note: |
AQMD may add control measures necessary to satisfy federal requirements, to abate a substantial endangerment to public health or welfare, state regulatory requirements or SIP commitment. |
ATTACHMENT A
AQMP Rule Activity Schedule
|
AUGUST |
|
|
1102 |
Petroleum Solvent Dry Cleaners [Projected Emissions Reduction: TBD] Proposed amendments are required to address CARB comments to ensure the District regulations are as stringent as other air districts in the state. Any emission reductions achieved will be credited toward the SIP commitment specified in the 1999 Amendment to the 1997 AQMP. Jill Whynot 909.396.3104 CEQA: TBD Socio: TBD |
|
1103 |
Pharmaceuticals and Cosmetics Manufacturing Operations [Projected Emissions Reduction: TBD] Proposed amendments are required to address CARB comments to ensure the District regulations are not less stringent than other air districts in the state. Any emission reductions achieved will be credited toward the SIP commitment specified in the 1999 Amendment to the 1997 AQMP. Laki Tisopulos-909.396.3123 CEQA: TBD Socio: TBD |
|
SEPTEMBER |
|
|
442 |
Usage of Solvents (CM#99CTS-02O) [Projected Emission Reduction: 1 ton/day - VOC] Proposed amendment will delete obsolete language, reallocate VOC emissions to other rules and reduce VOC emissions from solvent usages in the remaining provision of the rule. Lee Lockie - 909.396-2390 CEQA: Steve Smith (3071) Socio: Sue Lieu (3059) |
|
1194 |
Food Manufacturing and Processing Operations(CM#99CTS-02O, CM#99PRC-06) [Projected Emission Reduction: TBD] Proposed new rule will establish requirements for controlling VOC emissions from food manufacturing/processing operations. Lee Lockie – 909.396.2390 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059) |
|
OCTOBER |
|
|
1138.1* |
Control of Emissions from Underfired Charbroiler Restaurant Operations (CM#99PRC-03, Phase II) [Projected Emission Reduction: 0.9 ton/day – VOC, 7.7 tons/day – PM10] Control requirements to reduce PM and VOC emissions from underfired charbroilers will be proposed based on cost-effective control technology. Jill Whynot - 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059) |
|
1132* |
Emission Reductions from Large Solvent and Coating Operations (CM#99CTS-09) [Projected Emission Reduction: 4 tons/day - VOC] This regulation will require large solvent and coating sources to reduce emissions through add-on controls, use of super-clean coating materials, or process changes. Laki Tisopulos – 909.396.3123 CEQA: TBD Socio: TBD |
|
EARLY 2001 |
|
|
1173.1* |
Fugitive Emissions from Large Sources of Volatile Organic Compounds (CM#97FUG-04 and CM #99 FUG-05) [Projected Emission Reductions: 1 ton/day – VOC] Proposed regulation will require large fugitive emission sources to reduce VOC emissions through the implementation of facility-specific and District approved compliance plans. This regulation will also implement CM#99FUG-05. Laki Tisopulos – 909.396.3123 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
|
1193 |
Emission Reductions from Composting Operations (CM#99 [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. Alene Taber - 909.396.3057 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
ATTACHMENT B
Toxics Rule Activity Schedule
|
This attachment lists those rules or rule amendments for the Governing
Board consideration that are designed to implement the Air Toxics
Reduction Plan.
*An asterisk indicates that the rulemaking is a potentially
significant hearing. |
|
|
MARCH |
|
|
1402* and 1401 |
Control of Toxic Air Contaminants from Existing Sources and New Source Review of Toxic Air Contaminants [Projected Emission Reduction: TBD] Proposed changes for Rule 1402 may include lowering the risk level which requires a reduction plan, shortening the time allowed for risk reductions with consideration of technology or other factors, additional public notice requirements, and other changes. Proposed changes for Rule 1401 will remove requirements similar to proposed Amended Rule 1402. Jill Whynot – 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059) |
|
APRIL |
|
|
461* |
Gasoline Transfer and Dispensing (CM#99RFL-02, Phase II) [Projected Emission Reduction: TBD] Proposed rule amendments are necessary to improve industry compliance with rule requirements and resolve any inconsistencies with state law. Laki Tisopulos - 909.396-3123 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
|
1190* |
Clean Fuel On-Road Vehicles for Government and Airport Operations [Projected Emission Reduction: TBD] Under the California Health & Safety Code Section 40447.5(a), the AQMD may adopt regulations for public and/or private fleet operations to purchase alternative-fuel vehicles. The proposed rule would require public and airport fleet operators with 15 or more vehicles to purchase alternative-fueled vehicles when adding vehicles or replacing vehicles in an existing fleet or forming a new fleet. Henry Hogo - 909.396.3184 CEQA: Darren W. Stroud (2526) Socio: Shah Dabirian (3076) |
|
TO-BE-DETERMINED |
|
| 431.2 |
Sulfur Content of Liquid Fuels
[Projected Emission Reduction: TBD] Under the California Health & Safety Code Section 40447.6, the AQMD may, subject to the approval of the state board, adopt regulations that specify the composition of diesel fuel manufactured for sale in the District. The proposed amendments are designed to lower the sulfur content in diesel fuel, thereby enhancing the performance of after treatment technologies employed by diesel engines. |
|
The following rules will be evaluated for possible command-and-control rules to reduce toxic emissions as part of the Air Toxics Reduction Plan (ATRP). The rulemaking schedule will be developed and set forth in a future ATRP. (Continued) |
|
|
1122* |
Solvent Degreasers
[Projected Emission Reduction: TBD] Proposed amendments will seek means to reduce toxic as well as VOC emissions from degreasing operations. |
|
1405 |
Control of Ethylene
Oxide and Chlorofluorocarbon Emissions from Sterilization or Fumigation
Processes
[Projected Emission Reductions: TBD] Amendments may be proposed to reduce toxic emissions from sterilization processes. |
|
1421 |
Control of
Perchloroethylene Emissions from Dry Cleaning Systems
[Projected Emission Reduction: TBD] Proposed amendments will reduce perc emissions through control options, such as improve housekeeping, reduce emissions from leaks based upon the findings of a study that is currently underway or solvent replacement/process change. Jill Whynot – 909.396.3104 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059) |
|
1425* |
Motion Picture Film
Labs
[Projected Emission Reduction: TBD] Proposed rule will reduce perc emissions from processes at motion picture film labs. Jill Whynot – 909.396.3104 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059) |
|
1426* |
Metal Finishing
[Projected Emission Reduction: TBD] Proposed rule will decrease emissions from plating operations. Jill Whynot – 909.396.3104 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059) |
|
1427* |
Rubber Manufacturing
[Projected Emission Reduction: TBD] Proposed rule will decrease emissions from rubber manufacturing. Jill Whynot – 909.396.3104 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059) |
|
1437* |
Furniture Stripping Operations [Projected Emission Reductions: TBD] Proposed rule will reduce methylene chloride emissions from furniture stripping operations. Jill Whynot – 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059) |
|
The following rules will be evaluated for possible command-and-control rules to reduce toxic emissions as part of the Air Toxics Reduction Plan (ATRP). The rulemaking schedule will be developed and set forth in a future ATRP. (Continued) |
|
|
1469 |
Hexavalent Chromium Emissions from Chrome Plating and Chrome Acid Anodizing Operations [Projected Emission Reduction: TBD] Staff will consider amending this rule to address issues raised by the environmental community. Jill Whynot – 909.396.3104 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
ATTACHMENT C
Other Rule Activity Schedule
|
This attachment lists those rules or rule amendments for the Governing
Board consideration that are designed to improve rule enforceability,
SIP corrections, or implementing state or federal regulations.
*An asterisk indicates that the rulemaking is a potentially
significant hearing. |
|
|
APRIL |
|
|
Regs. IX |
Reg. IX - Standards of Performance for New Stationary Sources [Projected Emission Reduction: Administrative only] AQMD has authority to implement and enforce federal regulations for Standards of Performance for New Stationary Sources (NSPS). These requirements are incorporated by reference in Regulations IX. Proposed amendments will incorporate new or amended federal standards. Jill Whynot – 909.396.3104 CEQA: TBD Socio: TBD |
|
MAY |
|
|
216 |
Appeals [Projected Emission Reduction: Administrative only] This rule specifies procedures for Hearing Board review and action on appeals of permit denials. An amendment to this rule is necessary to be consistent with state law as changed by AB 1679. Lee Lockie – 909.396.2390 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
|
219 |
Equipment Not Requiring a Written Permit Pursuant to Reg. II [Projected Emission Reduction: Administrative only] Proposed amendments will add new categories of exempt equipment that emit negligible amounts of air contaminants or move some categories to Rule 222. Amendments will also implement certain recommendations of the Permit Streamlining Task Force. Lee Lockie – 909.396.2390 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
|
222 |
Filing Requirements for Non-Permitted Equipment [Projected Emission Reduction: Administrative only] Proposed amendments will add new categories of equipment to the filing program and will implement certain recommendations of the Permit Streamlining Task Force. Lee Lockie – 909.396.2390 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
|
Reg. III |
Fees [Projected Emission Reductions: Administrative only] Proposed Amended Regulation III includes an across-the-board California Consumer Price Index increase in fees and would implement previously adopted but not yet implemented additional fee increases for gasoline nozzles and Title V permits. Proposed amendments address certain recommendations from the Permit Streamlining Task Force and the Fee Structure Study. Other changes may also be proposed. Lee Lockie – 909.396.2390 CEQA: TBD Socio: TBD |
|
1146 |
Emissions of Oxides of Nitrogen from Industrial Institutional and Commercial Boilers, Steam Generators, and Process Heaters [Projected Emission Reductions: TBD] Proposed amendments will consider lowering NOx limits, adjusting exemption requirements, and addressing CARB comments. Jill Whynot – 909.396.3104 CEQA:TBD Socio: TBD |
|
Reg. XIII |
New Source Review The proposed amendments will separate Best Available Control Technology (BACT) into Lowest Achievable Emissions Rate (LAER) for federal major sources and state BACT for minor sources. Currently, LAER is required for emission increases from all sources, including small businesses. The proposed amendment will allow for cost considerations for minor sources and small businesses. No emissions changes are expected as a result of the amendment. Anupom Ganguli - 909.396.3185 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059) |
|
JUNE |
|
|
403.1 |
Wind Entrainment of Fugitive Dust [Projected Emission Reduction: Administrative only] Proposed amendments to Rule 403.1 will be made to update the rule references. Alene Taber – 909.396.3057 CEQA: TBD Socio: TBD |
|
518.2 |
Federal Alternative Operating Conditions [Projected Emission Reduction: Administrative only] Proposed amendments will address any remaining EPA concerns for approval of Rule 518.2 as noticed in the Federal Register in late 1999, depending on the final action taken by EPA. Anupom Ganguli – 909.396.3185 CEQA: Jonathan Nadler (3071) Socio: Shah Dabirian (3076) |
|
1610 |
Old-Vehicle Scrapping
[Projected Emission Reduction: Administrative only] Henry Hogo – 909.396.3184 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
|
JULY |
|
|
109 and XI |
Recordkeeping for Volatile Organic Compound Emissions Recordkeeping for Volatile Organic Compound Emissions. Also, for Regulation XI Rules this proposal will implement the recommendation of the Monitoring, Recordkeeping, and Reporting Task Force to streamline VOC recordkeeping. Anupom Ganguli - 909.396.3185 CEQA: TBD Socio: TBD |
|
AUGUST |
|
|
1110.2 |
Emissions from Gaseous- and Liquid-Fueled Internal Combustion Engines [Projected Emission Reduction: TBD] Proposed amendments will include changes to existing and future emission limits for stationary internal combustion engines and amendments to monitoring and testing requirements, frequency and methods, to reflect EPA requirements for approving the rule for the State Implementation Plan. Jill Whynot – 909.396.3104 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059) |
|
OCTOBER |
|
|
1166 |
Volatile Organic Compound Emissions from Decontamination of Soil [Projected Emission Reduction: TBD] Proposed amendment will further limit the emission of VOCs from contaminated soil as a result of leakage from storage or transfer facilities, from accidental spillage, or other deposition or excavation. Laki Tisopulos – 909.396.3123 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059) |
|
DECEMBER |
|
|
201 |
Permit to Construct [Projected Emission Reduction: Administrative only] Proposed amendments will incorporate those activities described in EPA’s definition of "begin actual construction." Anupom Ganguli – 909.396.3185 CEQA: Mike Krause (2706) Socio: Sue Lieu (3059) |
|
2202 |
On-Road Motor Vehicle
Mitigation Options
Modifications will be needed to conform the air quality investment program to CARB vehicle scrapping rules, and potentially to address emissions equivalency issues resulting from the raising of the employee threshold to 250 persons. Connie Day – 909.396.3055 CEQA: Jonathan Nadler (3071) Socio: Sue Lieu (3059 |
|
TO-BE-DETERMINED |
|
|
Reg. IV, XI and XIV Rules |
Various rule amendments needed to achieve AQMP emission reduction requirements and other requirements of state and federal law. Also, various Regulation XIV rules will be evaluated for possible command-and-control rules to reduce toxic emissions as part of the Air Toxics Reduction Plan (ATRP). |
|
Reg. XIII |
New Source Review Proposed revisions may provide additional flexibility to new sources in the AQMD, including changes consistent with the anticipated changes in the federal NSR regulations and NSR policies, due to be finalized in 2000. The proposal may also address the issue of potential future shortfalls in NOx emission credits with respect to the state law requirement of "no net emission increase" from new permitted sources within the AQMD, and potential conversion from daily to monthly emission cap. Anupom Ganguli - 909.396.3185 CEQA: Steve Smith (3054) Socio: Sue Lieu (3059) |
|
1405 |
Control of Ethylene Oxide & CFC Emissions from Sterilization or Fumigation Processes [Projected Emission Reduction: TBD) Proposed amendment will clarify requirements for testing inlet samples and make the rule consistent with the State ATCM and Federal NESHAPS (CARB and EPA currently working out differences between the two). John Higuchi – 909.396.2267 CEQA: Darren W. Stroud (2526) Socio: Sue Lieu (3059) |
|
Reg. XX |
RECLAIM
Proposed revisions will address New Source Review issues for construction projects necessary to comply with federal and state laws such as the Phase III reformulated gasoline project. The proposed revisions will also address any emissions, enforcement, trading, monitoring, reporting and recordkeeping issues identified by the Governing Board as necessary to meet the requirements of Health and Safety Code Section 39616. Pang Mueller – 909.396.2433 CEQA:TBD Socio: TBD |
ATTACHMENT D
Upcoming Public Workshops
| Date | Time |
Topic |
Location/Contact |
|
January 25, 2000 |
1:30 p.m. |
Proposed Amended Regulation XIII - New Source Review |
AQMD Headquarters |
|
January 26, 2000 |
1:30 p.m. |
Proposed Amended Rule 1402* - Control of Toxic Air Contaminants from Existing Sources and Proposed Amended Rule 1401 – New Source Review of Toxic Air Contaminants |
AQMD Headquarters |
|
February 16, 2000 |
9:30 a.m. |
Proposed Rule 1190* - Clean On-Road Vehicles for Government and Airport Operations |
AQMD Headquarters |