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Rule Development
Stan Cowen, Air Quality Engineer, (805) 645-1408 Donald Price, Air Quality Engineer, (805) 645-1407
The United States Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) classify Ventura County as a non-attainment area for both the federal and state ozone air quality standards. In addition, Ventura County does not meet state particulate matter (PM) standards.
Therefore, the District must develop and implement rules designed to reduce air pollutants being emitted from local sources. The District's rules apply to many activities including open burning, incineration, gasoline storage, painting, solvent use, dry cleaning, screen printing, asphalt paving, chrome plating, fuel burning, landfills, and others.
With pollution still threatening our skies, the economy and public health continue to be at risk. The Rule Development Section is challenged with the task of developing rules to reduce emissions while minimizing their socioeconomic impacts.
Air Pollution Control Board Meetings
May 13, 2008Rule 55, Fugitive Dust. On May 13, 2008 the Ventura County Air Pollution Control Board will consider Rule 55. Ventura County does not meet California’s health-based air quality standards for airborne particulate matter (PM). On June 28, 2005, the Ventura County Air Pollution Control Board adopted a plan to reduce PM emissions, as mandated by State law (SB656). This draft rule implements this mandated program by developing new standards for visible fugitive dust emissions and track-out.
Under draft Rule 55, staff is proposing a standards-based rule to reduce the cost of compliance rather than requiring prescribed control methods. However, the exception to this regulatory approach is that control methods are prescribed for controlling track-out from bulk material handling facilities and for controlling dust from truck hauling. The following proposed new dust standards are:
The proposed new rule provides compliance flexibility by allowing operators to be exempt from the opacity limit and the track out standard if documented steps are taken that reduce fugitive dust emissions. The following types of operations would most likely be affected by the regulation:
On-field agricultural operations, public unpaved roads and paved roads would be exempt. If you have a comment or question on the proposed rule, please contact Stan Cowen at (805) 645-1408.
April 8, 2008Rule 42, Permit Fees On April 8, 2008, the Ventura County Air Pollution Control Board adopted revisions to Rule 42. The revisions include an 8 percent increase in permit renewal fee rates, effective July 1, 2008. For permit holders paying the minimum fee, this revision will result in a fee increase of no more than $38.00 per year.
District operations are funded by state and federal grants, automobile registration fees, and fees charged to sources of air pollution. The APCD receives no property tax revenue or general fund revenue. The fee increase is necessary to offset rising expenses and to maintain APCD reserve funds at a level of four to six months of operating expenses. For additional information contact Don Price at (805) 645-1407. Downloads
April 8, 2008Rule 74.12, Surface Coating of Metal Parts & Products On April 8, 2008, the Ventura County Air Pollution Control Board adopted revisions to Rule 74.12. The revisions include a lower ROC limit for general air-dry one-component coatings (2.3 lb/gal) and a new multi-component coating category at 2.8 lb/gal. Also, a special category for lab furniture coatings was deleted. In addition, a requirement to use low-emission cleanup solvents for spray gun and general purpose cleanup was adopted. ROC content is limited to no more than 25 grams per liter (g/l), or 0.21 lb/gal. The effective date for these revisions is 90 days after adoption by the Air Pollution Control Board, or July 8, 2008.
The revisions will reduce actual ROC emissions by approximately 19 percent, or 6.64 tons per year (tpy). About 36 percent of the emission reduction (2.40 tpy) results from the change in coating requirements. The remaining 64 percent (4.24 tpy) results from the proposed 25 g/l threshold for cleaning solvents.
For additional information, contact Don Price at (805) 645-1407.
Downloadsss
April 8, 2008Rule 74.29, Soil Decontamination Operations On April 8, 2008, the Ventura County Air Pollution Control Board adopted revisions to Rule 74.29. The revisions expand the rule to include requirements for the excavation, transportation, and handling of contaminated soil. These changes are required because, under the provisions of Health and Safety Code section 40914(b)(2), staff is required to demonstrate that the District's plan to attain the California ambient ozone standard provides for expeditious implementation of "every feasible measure" to reduce ozone precursor emissions (including reactive organic compounds, or ROC). In addition, rule language was clarified and definitions were added and changed.
Due to the deletion of an exemption from Rule 74.29, Rule 23.F.23 is was revised and Rule 44.B.4 was deleted. For additional information, contact Don Price at (805) 645-1407.
September 11, 2007Rule 250, Registration of Agricultural Engines Rule 48, Agricultural Engine Registration Fees
On September 11, 2007, the Air Pollution Control Board adopted new Rule 250, Agricultural Diesel Engine Registration, and accompanying Rule 48, Agricultural Engine Registration Fees. The rules will help implement new California Air Resources Board (ARB) requirements for diesel engines used in agricultural operations. The new requirements apply to nearly all diesel engines used to power irrigation, booster and well-lift pumps. They do not apply to diesel engines used to propel farm equipment like trucks and tractors. Rule 250 includes reciprocity with other South Central Coast Air Basin districts (Santa Barbara and San Luis Obispo). The annual registration fee in Rule 48 is $200 per engine per year.
The ARB rule requires local districts to have a agricultural diesel engine registration program, with a deadline for registration of March 1, 2008. Rules 250 and 48 implement this requirement.
Cash grants are available to help stationary agricultural diesel engine owners comply with the new ARB requirements. To obtain information on these grants, contact Chris Frank at (805) 645-1409.
Please direct any questions on the new rules to Don Price at (805) 645-1407. The registration application form can be obtained by clicking here.
April 10, 2007Rule 42, Permit Fees. On April 10, 2007, the Air Pollution Control Board adopted revisions to Rule 42. The revisions include a 12.5 percent increase in permit renewal fee rates effective July 1, 2007. For permit holders paying the minimum fee, renewal fees will increase $52.50 per year.
District operations are funded by state and federal grants, automobile registration fees, and fees charged to sources of air pollution. The APCD receives no property tax revenue or general fund revenue. The fee increase is necessary to offset rising expenses and to maintain APCD reserve funds at a more secure level of "four to six months of operating expenses". Seven staff positions were eliminated in 2006 to minimize rising expenses. For additional information, contact Don Price at (805) 645-1407. Downloads
January 9, 20072007 Rule Development Calendar: Health and Safety Code §40923(a) requires the District to publish each January 1, a list of regulatory measures scheduled, or tentatively scheduled, for consideration during the following year. Except for limited exceptions, the District may only propose consideration of regulatory measures during a year if those measures are contained in the published list. State law does not require that the rulemaking calendar include control measures to comply with federal requirements, to abate substantial endangerment to the public health, to implement Air Toxic Control Measures published by the ARB, or to implement contingency measures after an ARB determination of inadequate progress. The proposed 2007 rule development calendar to comply with §40923(a) of the Health and Safety Code may be downloaded at the link below. For additional information contact Chris Frank at (805) 645-1409.
Downloads
November 14, 2006Source Review – Definitions; Biosolids Processing Facilities On November 14, 2006, the Air Pollution Control Board held a public hearing and adopted revisions to Rule 26.1. The revision added "publicly owned biosolids processing facility" to the definition of "essential public service" (EPS). Biosolids processing is related to sewage treatment, which is already considered an essential public service. Although related, biosolids processing may not occur at a sewage treatment facility. After approval of a June, 2006, voter initiative in Kern County to prohibit the land application of biosolids, it is possible that the construction of one or more biosolids processing facilities in Ventura County will be required.
Note that, as stated in Rule 26.2, Subsection B.3, EPS facilities are eligible to obtain emission offsets from the EPS bank. For any EPS project, offsets of up to 25 tons per year for both Oxides of Nitrogen and Reactive Organic Compounds are available. In addition to the above, definitions for "biosolids" and "biosolids production facility" were added to Rule 26.1. For additional information, contact Don Price at (805) 645-1407.
September 12, 2006Part 70 Permits and Federally Enforceable Limits on Potential to Emit [Rule 33 and Rule 76 - Revised]. On September 12, 2006, the Board adopted amendments to Rules 33 and 76. Title V of the federal Clean Air Act requires state and local air agencies to develop and implement federal operating permitting programs for “major sources” of air pollution. Rules 33 and 76 are components of the Ventura County APCD’s federal operating permits program. “Major sources” include sources that have a “potential to emit” 10 tons per year of any EPA hazardous air pollutant (HAP) or 25 tons per year of any combination of HAPs, and sources that have a “potential to emit” 100 tons per year of any other regulated pollutant. A “source” includes all equipment and processes located in a contiguous area under common control. “Potential to emit” assumes continuous uncontrolled operation at maximum capacity, unless federally enforceable permit conditions specify limits on hours of operation, maximum operating capacity, and/or emission controls.
For federal ozone nonattainment areas, the generic 100 ton-per-year major source threshold for emissions of oxides of nitrogen (NOx) and reactive organic compounds (ROC) is replaced with the following thresholds:
Because Ventura County was classified as a Severe nonattainment area for ozone when Rules 33 & 76 were adopted, the rules were crafted to apply to sources with a potential to emit 25 tons per year of ROC or NOx. Effective June 15, 2004, EPA classified Ventura County to be a Moderate nonattainment area for the federal 8-hour ozone standard. However, the 1-hour ozone standard was not rescinded until June 30, 2005, therefore the District was also classified as a Severe nonattainment area for the 1 hour standard until June 30, 2005. Because state law requires local Title V rules to be the same stringency as federal requirements, staff is proposing to amend the District’s Title V-related rules to be consistent with the District’s new non-attainment classification. Once the amendment is approved by EPA, some sources may no longer be considered federal major sources and may revert to state and local air quality permitting requirements. The public is invited to attend this meeting and to provide input in this process. For additional information contact Chris Frank at (805) 645-1409. Downloads
Agricultural Source Permitting (Rule 23, Exemptions From Permit - Revised) On September 12, 2006, the Board adopted amendments to Rule 23. California Health and Safety Code Section 42310(e) historically prohibited any air district from requiring a permit to operate for equipment used in agricultural operations. On September 22, 2003, California Senate Bill 700 (SB 700) amended state law by removing section 42310(e) from the Health and Safety Code and adding new requirements for agricultural sources of air pollution. Air districts must now require permits for large confined animal facilities and agricultural sources of air pollution that have actual emissions more than one-half of any federal major source emissions threshold for any regulated air pollutant excluding fugitive dust.
To comply with SB 700, APCD staff is proposing that the following sources would be required to obtain permits from the District:
Ventura County currently has no large confined animal facilities. Under staff’s proposal, any new large confined animal facility to be located in Ventura County would be required to first obtain a permit from the District and control its air pollution.
Staff has determined the most likely agricultural scenario for exceeding 50 percent of a major source threshold is a group of diesel-engine powered water pumps located on contiguous properties under common control. To exceed 50 percent of a 50 ton per year NOx threshold, such a group of diesel engines would need to be older, uncontrolled engines that cumulatively burn more than 75,000 gallons of diesel fuel per year. This amount of energy would pump about 850 acre-feet of water. Staff has not identified any agricultural source of air pollution that meets or exceeds these criteria at this time. The proposed amendment to Rule 23 is explained in greater detail in the staff report.
The public is invited to attend this meeting and to provide input in this process. For additional information contact Chris Frank at (805) 645-1409.
Downloads
June 27, 2006Rule 26.12, Source Review, Federal Major Modifications. On June 27, 2006, the Board adopted proposed new Rule 26.12, Federal Major Modifications in a public hearing. The rule maintains the stringency of the District's existing New Source Review (NSR) program, consistent with the provisions of SB 288, while complying with federal mandates to incorporate NSR Reform requirements in to District rules.
On December 31, 2002, the United States Environmental Protection Agency promulgated amendments to the Federal Clean Air Act. The amendments revised NSR requirements for major source modification and adding other provisions. Following this, California Senate Bill 288 (Protect California Air Act), introduced by Senator Byron Sher on February 19, 2003, and signed into law by the Governor on September 22, 2003, specified that "No air quality management district or air pollution control district may amend or revise its New Source Review rules or regulations to be less stringent than those that existed on December 30, 2002". For additional information, contact Don Price at (805) 645-1407.
June 27, 2006Rule 74.30, Wood Product Coating. On June 27, 2006, the Board adopted proposed amendments to Rule 74.30 in a public hearing. This rule regulates ROC emissions from wood products coating operations. The amendments include a reduction in the reactive organic compound (ROC) content limits for surface preparation and cleanup solvents to 25 grams of ROC per liter of solvent. The limits are equal to those in South Coast Air Quality Management District Rule 1171, Solvent Cleaning Operations. These revisions were made to meet "all feasible measures" requirements of state law. The proposed deletion of an exemption for coatings used in wooden musical instrument manufacturing has been found to be infeasible at this time. For additional information contact Don Price at (805) 645-1407.
Advisory Committee Meetings
Public Workshops
April 29, 2008Motor Vehicle and Mobile Equipment Coating Operations (Rule 74.18- revised): On April 29, 2008, the District will hold a Public Workshop on proposed revisions to Rule 74.18. This meeting will be an opportunity for affected businesses, especially auto body shops and vehicle refinish shops, to comment on the proposed rule revisions, which are based on the Suggested Control Measure (SCM) adopted by the California Air Resources Board on October 20, 2005. As a nonattainment area for both federal and state ozone air quality standards, Ventura County is required to adopt all feasible measures such as the SCM. The Meeting Notice, Summary of Proposed Revisions, and Draft Rule may be downloaded below. This meeting will address the specific rule language, in addition to the proposed requirements. For additional information, contact Stan Cowen at (805) 645-1408. Download
May 8, 2007Rule 15.2, District Indemnification The District is developing new Rule 15.2, District Indemnification. On various occasions, the Ventura Air Pollution Control District has been the subject of claims or litigation from third parties regarding permitting activities. In order to guard against these actions, staff proposes Rule 15.2, District Indemnification. The rule will establish that permittees agree to hold the District harmless against certain actions involving their Permit to Operate. The requirement applies to any permit issued according to Rule 10 (Permits Required), Rule 30 (Permit Renewal) and Rules 33 through 33.10 (Part 70 Permits).
The meeting will take place in the first floor meeting room at 2:00 p.m. on May 8, 2007, at the Ventura County Air Pollution Control District offices, 669 County Square Drive, Ventura, CA 93003.
Please direct any comments, questions, or requests for additional information to Don Price at (805) 645-1407.
Downloads
Public Consultation Meetings
Compliance Dates
March 1, 2008Registration of Agricultural Engines (Rule 250): The California Air Resources Board (ARB) recently finalized new regulations for diesel engines used in agricultural operations. In general, these regulations apply to nearly all diesel engines used to power irrigation pumps; however, they will not apply to diesel engines used to power farm equipment such as trucks and tractors. The new regulations have both administrative requirements and emission control requirements. An ARB fact sheet is available to provide additional information and details on these new requirements.
To implement the state agricultural diesel engine regulations, the District adopted Rule 250, "Registration of Agricultural Engines" on September 11, 2007. The rule establishes a diesel engine registration program with a deadline of March 1, 2008. The registration program is not a permitting program, but requires application forms and fees similar to a permitting program. The fees are significantly less than permitting fees and are specified in Rule 48. Both rules appear on the District website noted above.
For questions on the registration program, please contact Kerby Zozula at (805) 645-1421. Grant money may be available from the District to replace older diesel engines with newer, compliant diesel engines, natural gas engines or electric motors. For information on District grant programs, please contact Chris Frank at (805) 645-1409.
September 25, 2006Wood Products Coatings (Rule 74.30). All reactive organic compound (ROC) solvents used for surface preparation and cleanup in commercial wood products manufacturing must meet a limit of 25 grams of ROC per liter of solvent. Water, acetone, and other low-ROC solvents are available for compliance with this requirement. For additional information, contact Don Price at (805) 645-1407.
Download
October 12, 2005Conveyorized Charbroilers, Coffee Roasters, Non-retail Deep-Frying Equipment (Rule 74.25, Rule 23): All conveyorized (chain-driven) charbroilers must have a VCAPCD Permit to Operate and must comply with the requirement for an 83 percent reduction in ROC and particulate matter emissions. In addition, all coffee roasters with a capacity over 25 pounds and non-retail deep-frying equipment must have a VCAPCD Permit to Operate. Contact Permit Desk at (805) 645-1401.
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