BOARD MEETING DATE: May 19, 2000 AGENDA NO. 41
Amend Rule 219 – Equipment Not Requiring a Permit Pursuant to Regulation II and Rule 222 - Filing Requirements for Specific Emission Sources Not Requiring a Permit Pursuant to Regulation II
SYNOPSIS:
The proposed amendments to Rule 219 will clarify permit requirements for categories of equipment which are exempt from operating permits. Specifically, the amendments will clarify requirements for cleaning, combustion, food processing, powder coating, dip coating, electrolytic plating and anodizing equipment.
The proposed amendment to Rule 222 will require boilers and process heater emission sources that are exempt from permit requirements pursuant to Rule 219 to submit a filing. This amendment will add approximately 12,000 boilers and process heaters with a rated heat input from 1,000,000 Btu per hour up to and including 2,000,000 Btu per hour to the filing program. This will enable staff to simplify and streamline the permitting process in a filing program for low-emitting equipment as an alternative to the conventional permitting process.
COMMITTEE:
Stationary Source, March 24, 2000, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
Barry R. Wallerstein, D.Env.
Executive Officer
Background
Rule 219 – Equipment Not Requiring a Permit Pursuant to Regulation II, is an administrative rule adopted in 1976 that exempts equipment emitting small amounts of air contaminants from requiring an AQMD permit. The rule has been amended several times, the last amendment occurring in August of 1999. The primary purpose of amending Rule 219 is to allow incorporation of changes derived from comments from internal staff and the regulated community which will help clarify and further refine sections of the rule and identify small emission sources that should not require a permit.
The 1998 and 1999 rule amendments required previously exempt equipment to obtain a permit if it failed to meet the toxic risks threshold requirements in Rule 1401 - New Source Review of Toxic Air Contaminants and clarified various exemptions relating to specific types of equipment.
The adoption of Rule 222 - Filing Requirements for Specific Emission Sources Not Requiring a Permit Pursuant to Regulation II in September 1998 established a filing program as an alternative to permitting equipment that emits small amounts of air contaminants. The program initially included only two equipment categories: negative air machines used for asbestos removal and charbroilers. This involved transferring approximately 5,500 charbroilers and negative air machines with existing permits into the program and anticipated 6,000 more filings would be received as operators without existing permits submitted filings.
Proposal
The proposed amendments to Rule 219 will clarify language for equipment including waste storage and rinse tanks used in conjunction with exempt miscellaneous process equipment, abrasive blasting cabinets, food processing and preparation equipment, combustion equipment, dip tanks, powder coating equipment, and solvent cleaning equipment. Several other equipment categories will be added for exemption, that have not been previously permitted, including air pollution control equipment for laboratory fume hoods, sulfuric/boric acid anodizing operations, and remote reservoir cleaning equipment.
The proposed amendments to the rule will:
Proposed amended Rule 222 will require filing for additional equipment that was not previously subject to the rule or permit requirements. Staff proposes to require filing for 12,000 boilers and process heaters with heat input ratings from 1,000,000 British thermal units (Btu) per hour up to and including 2,000,000 Btu per hour. Although previously exempted from permit requirements by SCAQMD, this equipment is routinely permitted by other air districts and will be subject to Rule 1146.2 - Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers.
CEQA, H&SC 40727.2, and Socioeconomic Assessment
The proposed amendments to Rule 219 will remove three types of equipment from requiring a written permit: air pollution control equipment venting exempt laboratory equipment, sulfuric/boric acid anodizing equipment, and all remote reservoir cleaners. Since this affects equipment that are not currently in the AQMD permit system, no cost impact is anticipated for these categories of equipment.
Proposed amended Rule 222 requires boilers and process heaters with a heat input range from 1,000,000 to 2,000,000 Btu per hour, equipment which is currently exempted from permit requirements under Rule 219(b)(2), to submit a filing. Under the proposed amendments, this equipment will be required to pay a one-time filing fee of $100 and an annual renewal fee of $100. This represents an annual increase in revenue as equipment filings are submitted in future years beginning in 2001.
Proposed amended Rule 222 may also impose a new reporting requirement. Therefore, staff has prepared the written analysis of federal and District control requirements applicable to the same equipment or source type as required by H&SC Section 40727.2.
An incremental cost effectiveness analysis is not required because neither rule involves emission reductions.
Staff has reviewed the proposed amendments pursuant to state CEQA Guidelines, Section 15002 (k)(1) and concluded that none of the amendments proposed have the potential to adversely impact air quality or any other environmental area. A Notice of Exemption pursuant to state CEQA Guidelines 15061(b)(3) – Review for Exemption has been prepared and will be filed with the county clerks of Los Angeles, Orange, Riverside, and San Bernardino counties immediately following the adoption of proposed rule amendments.
Legislative Authority and Legal Mandates
The California Health and Safety Code (H&SC) authorizes the AQMD to establish a permit system to enforce its rules and regulations. In addition, H&SC authorizes the AQMD to adopt a schedule of fees to be assessed on areawide or indirect sources of emissions which are regulated to recover the costs of district programs related to these sources. The Air Pollution Streamlining Act of 1992 requires air pollution control districts to initiate procedures to assist businesses with complying with rule requirements in an expedited fashion. The proposed changes to Rule 219 and 222 are consistent with AQMD’s legislative authority and legal mandates to streamline its operations without reducing protection of public health and the environment.
Implementation Plan
Staff will conduct outreach efforts to inform the general public of the changes to permitting and filing requirements. Notices will be sent to the sources affected by these amendments.
Resource Impact
Current AQMD resources are sufficient to implement the proposed amendments to Rules 219 and 222 with no budget impact.
Summary of Proposal
Key Issues and Responses
Rule Development Process
Key Contacts List
Resolution
Proposed Rule Language – Rule 219
Proposed Rule Language – Rule 222
Staff Report
Notice of Exemption
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