BOARD MEETING DATE: December 5, 2008
AGENDA NO. 28

PROPOSAL:

Amend Rule 222 - Filing Requirements for Specific Emission Sources Not Requiring a Permit Pursuant to Regulation II

SYNOPSIS:

The proposed amendments will establish filing requirements for certain equipment or processes recently exempted from written permits pursuant to Rule 219, and fulfill the Board directive to establish alternative permitting for specific equipment. In addition, the proposed changes satisfy the CARB ATCM requirements for stationary compression ignition engines used in agricultural operations.

COMMITTEE:

Stationary Source, October 17, 2008, Reviewed

RECOMMENDED ACTIONS:

Adopt the attached resolution:

1. Certifying the Notice of Exemption for PAR 222 - Filing Requirements for Specific Emission Sources Not Requiring a Written Permit Pursuant to Regulation II; and

2. Amending Rule 222 - Filing Requirements for Specific Emission Sources Not Requiring a Written Permit Pursuant to Regulation II.
 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Rule 222 – Filing Requirements for Specific Emission Sources Not Requiring a Written Permit Pursuant to Regulation II was adopted on September 11, 1998 to help simplify and streamline the permitting process for specific types of equipment that have negligible emissions and minimal toxic health risks. Operators of such equipment are required to file information with AQMD which includes a description of the equipment, facility information, and other pertinent data for estimating emissions and determining compliance. Compliance is achieved for such equipment by meeting existing rule and recordkeeping requirements. Currently, Rule 222 includes four equipment categories: (1) negative air machines; (2) charbroilers; (3) boilers/steam generators and process heaters with rated heat input capacity from 1,000,000 up to and including 2,000,000 btu/hr; and (4) oil production well groups.

Rule 219 - Equipment Not Requiring a Written Permit Pursuant to Regulation II, identifies equipment and processes that are exempt from AQMD’s permitting requirements. The last amendments to Rule 219 (July 2006 and June 2007) included new permitting exemptions for certain equipment and processes that use ultra-low VOC materials, provided a filing pursuant to Rule 222 is submitted to AQMD for such equipment and processes. In addition, Rule 219 also requires filing from facilities that have no AQMD written permits, but emit four tons or more of aggregate VOC emissions per year from printing operations; coating or adhesive or laminating equipment; and hand application of solvents for cleaning purposes.

During the July 2006 public hearing for Rule 219, the Board directed staff to establish an alternative permitting process for agricultural sources to include: 1) existing or new emergency internal combustion engines; 2) existing non-emergency internal combustion engines; and 3) existing gasoline storage and dispensing equipment that are not currently subject to written permit. Further, CARB adopted an Airborne Toxic Control Measure (ATCM) for Stationary Compression Ignition Engines that took effect on October 18, 2007, which also requires registration of certain diesel-fueled internal combustion engines used at agricultural operations.

The proposed amendments to Rule 222 support the filing and registration requirements for specific equipment pursuant to Rule 219 and the CARB ATCM for Stationary Compression Ignition Engines.
 

Proposal

Staff is proposing to add new categories in Rule 222 to incorporate certain requirements in AQMD Rule 219 and in the CARB ATCM for Compression Ignition Engines. The following filing categories are being proposed for inclusion in Rule 222:

• Printing and related coating and/or laminating equipment and associated dryers and curing equipment;
• Roller to roller coating systems that create 3-dimensional images;
• Coating or adhesive application or laminating equipment;
• Drying equipment such as flash-off ovens, drying ovens, or curing ovens associated with coating or adhesive application, or laminating equipment;
• Stationary or portable emergency diesel - fired internal combustion engines rated greater than 50 brake horsepower (bhp) at any agricultural operations;
• Stationary or portable non-emergency diesel-fired internal combustion engines rated greater than 50 brake horsepower (bhp) at agricultural operations with actual emissions less than the amounts listed in Rule 219;
• Certain equipment, processes, or operations emitting in aggregate four tons or more of VOCs per year at a single facility, and having no written permit from the District for any other equipment, processes or operations; and
• Existing (installed on or before 7/7/2006) gasoline storage and dispensing equipment with a capacity greater than or equal to 251 gallons at agricultural operations.

Staff is also proposing to modify the rule applicability to include certain agricultural engines subject to the CARB ATCM. PAR 222 will also add new definitions and other clarifying rule language.
 

California Environmental Quality Act (CEQA) Analysis

Pursuant to the California Environmental Quality Act (CEQA), the AQMD is the Lead Agency and has reviewed the proposed project pursuant to the CEQA Guidelines §15002 (k)(1). Because the proposed project does not impose new requirements that will have any adverse environmental impacts, including air quality, it can be seen with certainty that there is no possibility that the proposed project in question has the potential to have significant adverse effect on the environment. Thus, the proposed project is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) – Review for Exemption. The 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.
 

Socioeconomic Analysis

The proposed amendments to Rule 222 will add eight new categories to the filing program that are currently exempt from written permits pursuant to Rule 219. Staff estimates that a total of 266 units would be affected by the proposed amendments. Based on current fee schedule, owners of the affected units are required to pay an initial filing fee of $163.71 and an annual renewal fee of $163.71 per equipment. The total annual cost of the proposed amendments is estimated to be $44,000. This rule does not significantly affect air quality or emissions limitations so a formal socioeconomic analysis is not required.
 

Implementation Plan

Staff will conduct outreach efforts to inform the affected sources of the changes to permitting and filing requirements.
 

Resource Impact

Current AQMD resources are sufficient to implement the proposed amendments to Rule 222 with no budget impact.
 

Attachments (ZIP, 149k)

1. Summary of Proposal

2. Rule Development Process

3. Key Contacts List

4. Resolution

5. Proposed Rule Language – Rule 222

6. Staff Report

7. Notice of Exemption