BOARD MEETING DATE: October 19, 2001 AGENDA NO. 37
(Continued from the September 21, 2001 Board Meeting)
Amend Rule 102 - Definition of Terms
SYNOPSIS:
The proposed amendments to Rule 102 will make a change to the definition of "Clean Air Solvent." The current maximum VOC content requirement of 50 grams per liter is proposed to be changed to 25 grams per liter to be effective upon adoption for any further product certification. No other changes are proposed.
COMMITTEE:
Stationary Source, July 27, 2001, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
- Certifying the Notice of Exemption
- Amending Rule 102 - Definition of Terms.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
The Governing Board continued the September public hearing on PAR 102 to the October 19, 2001 meeting to provide additional opportunities for public review, especially from solvent manufacturers and suppliers potentially affected by the proposed amendments. For the past several years, AQMD has promoted the advancement of aqueous cleaning technologies. The Clean Air Solvents Certification program is a voluntary program that was developed as a strategy to promote the use of aqueous cleaners as they became available. Clean Air Solvents are products that meet or exceed rule requirements and contain no global warming or ozone depleting compounds, no hazardous air pollutants, and have low reactivity and low vapor pressure. The certification program helps the general consumer in purchasing and identifying rule-compliant products. Approximately 155 Clean Air Solvents are currently certified which means products have been tested and approved by the SCAQMD Laboratory. This Board letter serves as the staff report for the proposed rule amendment.
Public Process
Staff sent 9,300 manufacturers, suppliers, and cleaning solvent users a notice regarding a public consultation meeting on October 3 and received comments by phone from 26 manufacturers and distributors who are supportive of the proposed amendment. Two manufacturers expressed concern about how effective some products would be if they had to meet 25 grams per liter limits upon recertification. Staff analysis indicates that 25 grams per liter products can perform as effectively as 50 grams per liter products and many manufacturers already have products available in the market meeting the requirements. No comments were received from cleaning solvent users.
Proposal
The VOC content limit criteria for a Clean Air Solvent is currently 50 grams of VOC per liter. Approximately 70% of the Clean Air Solvents certified are at or below 25 grams of VOC per liter. Rule 102 is being amended to lower the VOC content limit to 25 grams per liter to reflect the advancement in solvent cleaning technology and improved accuracy of test methods. A new definition for Clean Air Solvent Certification is being added to clarify AQMD certification policies. Since it is strictly a voluntary program, the reduction in VOC content limit only impacts manufacturers and distributors who submit products for certification after the rule is amended.
California Environmental Quality Act (CEQA) and Socioeconomic Assessment
The AQMD has reviewed the proposed amendments to Rule 102 pursuant to CEQA Section 15002(k)(1) and, because the changes are administrative in nature, the proposed project has no potential to have a significant adverse effect on the environment. Therefore, the AQMD has determined that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. A Notice of Exemption, in accordance with CEQA Guidelines Section 15062, will be filed with the county clerks immediately following adoption of the proposed amendment.
A socioeconomic assessment was not conducted because the Clean Air Solvent program is a voluntary program and since the proposed amendments are administrative in nature, they do not have any significant effect on air quality or impose emission limitations.
Legislative Authority and Legal Mandates
The California Health and Safety Code (H&SC) authorizes the AQMD to adopt an Air Quality Management Plan (AQMP) to meet state and federal ambient air quality standards. The proposed changes to Rule 102 are consistent with AQMDs legislative authority and legal mandates and do not impact any future emission reductions or implementation of the AQMP.
Implementation Plan
Notices have been sent to the manufacturers and distributors who are affected by these amendments. In addition, notices were sent to potential users of Clean Air Solvents.
Resource Impact
Current AQMD resources are sufficient to implement the proposed amendments to Rule 102 with no budget impact.
Summary of Proposal
Findings
Resolution
Proposed Rule Language - Rule 102
Notice of Exemption
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