BOARD MEETING DATE: November 9, 2001 AGENDA NO. 34

Amend Rule 401 - Visible Emissions

SYNOPSIS: 

Rule 401 was amended in September 1998 to set the visible emissions standard for uncontrolled under-fired charbroilers to Ringelmann 2, the state standard, until September 2001. Development of a cost-effective control technology for under-fired charbroilers has not yet been accomplished. Testing of control options is ongoing and staff is scheduled to adopt a rule to control these emissions in 2002. Staff proposes an amendment to Rule 401 to continue the state opacity standard for under-fired charbroilers for another four years.

COMMITTEE: 

Stationary Source, September 28, 2001

RECOMMENDED ACTION:

Adopt the attached resolution:

1. Amending Rule 401 - Visible Emissions; and
   
   
2. Certifying the previously prepared Environmental Assessment (SCAQMD No. 980421JDN, August 14, 1998).

Barry R. Wallerstein, D.Env.
Executive Officer

Background and Proposal

In September 1998, the Board amended Rule 401 - Visible Emissions, in order to address a recurring opacity problem with charbroilers. The rule was amended to allow charbroilers (excluding chain-driven and those with control equipment) to meet the state’s opacity standard of Ringelmann 2 (H&SC § 41701) instead of the AQMD’s more stringent standard of Ringelmann 1. Health and Safety Code Section 41701 states "no person shall discharge into the atmosphere from any source whatsoever any air contaminant, other than uncombined water vapor, for a period or periods aggregating more than three minutes in any one hour which is: (a) As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart....." Thus, requiring the Ringelmann No. 2 level for under-fired charbroilers is consistent with the Health and Safety Code requirement. Staff anticipates the identification and commercial development of cost-effective control equipment for under-fired-charbroilers, and the subsequent adoption of Proposed Rule 1138.1 - Control of Emissions from Under-fired Charbroiler Restaurant Operations is scheduled for spring of 2002. However, the implementation of those rule requirements will most likely be phased in over a few years. Thus, the extension of the Ringelmann 2 opacity level is necessary for another four years. The rule language currently found in Rule 401 returns the opacity requirement to a Ringelmann No. 1 after the time period specified for a Ringelmann 2 requirement.

This proposed action is based on the technological and economic infeasibility of correcting an exceedance of Ringelmann 1 standard from under-fired charbroilers. There is no known correlation between opacity and emissions, and there is no effective mitigation for opacity violations for the vast majority of under-fired charbroilers. This exemption would extend to four years after the rule amendment. This time period would allow for identification and implementation of retrofit controls for these emission sources.

A public consultation meeting was held on September 19, 2001 and no comments were received.

California Environmental Quality Act (CEQA)

Pursuant to the CEQA and AQMD Rule 110, the AQMD, as lead agency, will be relying on a previously prepared Environmental Assessment (EA) (SCAQMD No. 980421JDN, August 14, 1998), pursuant to CEQA Guidelines §15253 - Use of an EIR From an Earlier Project, which is currently available for review. The EA concluded that any potential adverse environmental impacts are not significant.

Socioeconomic Assessment

The proposed amendment to Rule 401 does not have a significant impact on air quality or emissions limitations and will not result in any significant socioeconomic impacts. Accordingly, a socioeconomic analysis is not included with this proposal.

AQMP and Legal Mandates

The proposed amendments to Rule 401 do not impact air quality or emissions limitations and do not affect emissions reductions. Accordingly, amendments to Rule 401 will not affect the AQMD’s PM10 attainment strategy.

Comparative Analysis

Health and Safety Code §§40727.2 requires a written comparison of a proposed rule with existing federal and local regulations that apply to the same source. The following information has been prepared to comply with this Health and Safety Code statute.
There are no federal air pollution regulations or monitoring/recordkeeping/reporting requirements regarding opacity.

Another AQMD rule, Rule 402 - Nuisance, prohibits discharge of air contaminant emissions from any source that results in a public nuisance. Because the rule is applicable to any source, it could be applied to opacity. Rule 401 contains specific requirements for opacity sources that are more stringent than Rule 402 provisions. There are no monitoring/recordkeeping/reporting requirements included in Rule 402.

Resource Impacts

Implementation of this rule change will be handled through existing AQMD compliance staff and will not require additional resources.

Attachments

1. Summary of Proposal
2. Rule Development Process
3. Resolution

ATTACHMENT A
SUMMARY OF PROPOSAL
 

ATTACHMENT C

RESOLUTION NO. 01 - _____