Air Pollution Control Board Meeting Archive

Rule Development (Main Page)


 

Air Pollution Control Board Meetings

 

September 11, 2012

Permit Fees (Rule 42 – Revised)

The APCD Board approved revisions to Rule 42, Permit Fees. Staff did not propose to increase permit fees in 2012. This rule revision clarified an existing administrative and collection policy regarding the collection of permit fees. The invoicing of those fees that are based on the hourly service rate for an Air Quality Engineer was clarified as follows:. (The following sentencewas added to each of the sections referencing the hourly service rate)

 

“The hourly service rate shall be the rate in effect at the time the permit application is deemed complete.”

 

The second change to Rule 42 should improve the collection of those permit processing fees that have not been paid. The following sentence was added to Section B.1 of Rule 42:

 

“No further permit applications will be accepted from the applicant until such time as overdue permit processing fees have been fully paid.”

 

For additional information contact Stan Cowen at (805) 645-1408.

 

 

September 11, 2012

Solvent Cleaning Requirements (Rules 74.13, 74.20, and 74.24)

The APCD Board adopted revisions to the solvent cleaning requirements in Rules 74.13 (Aerospace), 74.20 (Adhesives), and 74.24 (Marine Coatings). Staff is proposing to further reduce reactive organic compound (ROC) emissions from the solvent cleaning of coating or adhesive spray equipment and substrate surface preparation. This rule development implements an All Feasible Measures requirement pursuant to the California Clean Air Act (H&SC Section 40914).

 

Please direct requests for additional information to Stan Cowen at (805) 645-1408.

 

 

 

September 11, 2012

Rule 74.11.1, Large Water Heaters and Small Boilers

Rule 74.15.1, Boilers, Steam Generators and Process Heaters

The Ventura County Air Pollution Control Board approved revisions to Rule 74.11.1 and Rule 74.15.1. Revisions to Rule 74.11.1 and Rule 74.15.1 include lower NOx emission limits at 20 ppmv for new boilers capacity 2 million BTU/hr or less. Also, after January 1, 2013, the applicability of the rule will change to units less than one million BTU/hour input capacity (from two million BTU/hour).

 

For Rule 74.15.1, the rule will continue to apply to units greater than or equal to one million BTU/hour input capacity and less than five million BTU/hour. Units rated at less than or equal to two million BTU/hour will be required to source test once every 48 months (instead of 24 months). In addition to the existing tune-up provisions, the rule will require all units to do annual NOx and CO screening analyses using hand-held portable equipment and an initial installation tune-up. Additional reporting and recordkeeping requirements are also proposed.

 

Please direct any requests for additional information to Stan Cowen at (805) 645-1408.

 

 

June 12, 2012

Vacuum Producing Devices (Rule 67 – Repeal)

On June 12, 2012, the Air Pollution Control Board will hold a public hearing to consider the repeal of Rule 67, which limits reactive organic compound (ROC) emissions from "vacuum producing devices or systems including hot wells and accumulators." VCAPCD Rule 74.8, Refinery Vacuum Producing Systems, Wastewater Separators And Process Turnarounds, also regulates vacuum-producing devices. Hot wells and accumulators are not specifically mentioned in Rule 74.8, although it is clear that they would be part of the "vacuum producing system at a petroleum refinery" specified in the rule.

There is no longer a petroleum refinery in Ventura County. Also, Rule 67 has been superseded by Rule 74.8. Therefore, the District proposes to repeal Rule 67 because it is unnecessary and there are no sources to which it applies.

The Board meeting will take place in the Board of Supervisors Meeting Room at the Ventura County Government Center, 600 S. Victoria Avenue, Ventura, at 11:00 a.m. on June 12, 2012. For additional information, contact Stan Cowen at (805) 645-1408.

 

 

 

June 12, 2012

Project XL (Rule 37 – Repeal)

On June 12, 20112, the Air Pollution Control Board will hold a public hearing to consider the repeal of Rule 37. The rule was adopted on September 14, 1999, to implement a "Final Project Agreement" for the EPA Project XL Program at Imation Camarillo. Imation Camarillo ceased operation in 2008. The District and Title V permits for the facility were rendered inactive in 2009. Therefore, the District proposes to repeal Rule 37 because the single source to which it applies, Imation Camarillo, no longer exists.

The Board meeting will take place in the Board of Supervisors Meeting Room at the Ventura County Government Center, 600 S. Victoria Avenue, Ventura, at 11:00 a.m. on June 12, 2012. For additional information, contact Stan Cowen at (805) 645-1408.

 

 

 

June 28, 2011

New Source Review – Prevention of Significant Deterioration (Rule 26.13 – New): Prevention of Significant Deterioration (PSD) is a federal pre-construction permitting program for facilities located in areas that either comply with federal ambient air quality standards for particular pollutants (classified as attainment) or are unclassifiable for any criteria air pollutant. PSD applies to new major stationary sources and existing major stationary sources where a significant modification will occur. In Ventura County, the PSD permitting program is currently administered by the Environmental Protection Agency (EPA) Region IX. At this time, no facility in the county requires a PSD permit.

The recent addition of greenhouse gases (GHG) to the list of regulated pollutants makes these pollutants subject to federal permitting. To prevent an influx of applications to EPA, they are encouraging local air districts to take responsibility for processing any PSD permit applications within their jurisdiction. The most straightforward way for an air district to take PSD responsibility is to adopt a rule that incorporates the federal requirements by reference. A model rule was developed cooperatively by EPA staff, ARB staff, and the California Air Pollution Control Officers Association Engineering Managers Committee.

District staff is proposing a PSD rule based on this model rule. Certain changes have been made to accommodate specific situations in Ventura County. In addition, existing PSD Rule 26.10, which requires a source operator to obtain a PSD permit from EPA, will be repealed.

The hearing will take place in the Board of Supervisors meeting room at 11:00 a.m. on June 28, 2011, at the Ventura County Government Center, 800 South Victoria Avenue, Ventura, CA 93009.

Please direct any comments, questions, or requests for additional information to Stan Cowen at (805) 645-1408.
 


 

June 14, 2011

Graphic Arts (Rule 74.19 - revised): On June 14, 2011, the Ventura County Air Pollution Control Board adopted proposed revisions to Rule 74.19. This rule action will further reduce reactive organic compound (ROC) emissions from graphic arts operations. This rule development will implement an All Feasible Measures requirement pursuant to the California Clean Air Act (H&SC Section 40914).

 

This rule change is based on existing graphic arts regulations currently in effect in the South Coast AQMD, San Joaquin Valley APCD, Bay Area AQMD, and the Sacramento Metropolitan AQMD. Proposed amendments include new ROC content limits for fountain solutions at lithographic operations and cleaning solvents at all graphic operations. Existing vapor pressure requirements will be replaced with more effective ROC content limits for solvent cleaners. Complying fountain solutions and solvent cleaners are currently available from several graphic arts suppliers. Also, the existing exemption for inkjet printing operations will not change under this proposal.
The final rule and the staff report may be downloaded below. For additional information, contact Stan Cowen at (805) 645-1408.

 

 

April 12, 2011

Revisions to Permit Greenhouse Gases

Ventura County APCD rules require facilities to obtain a permit to emit "criteria" air pollutants and hazardous air pollutants. Criteria pollutants include oxides of nitrogen, reactive organic compounds, particulate matter, oxides of sulfur, and carbon monoxide. The United States Environmental Protection Agency (EPA) has recently taken steps to add greenhouse gases (GHGs) to the list of regulated pollutants. Because the thresholds of significance for GHGs are substantially higher that those for criteria and hazardous pollutants, EPA is proposing to "tailor" their regulations to include GHGs. The District has determined that certain revisions to District Rules and Regulations are required to permit greenhouse gases according to EPA's tailoring requirements.

 

The rules proposed for revision are listed below. At the following time and place, the Air Pollution Control Board will hold a public hearing to consider the proposed revisions. First, GHG permit applicability thresholds, and the appropriate two-step phase-in implementation dates, are being added to several rules. Also, GHGs are being added as regulated pollutants. Second, definitions are being added for "greenhouse gases," and "CO2 equivalent." Other definitions are being amended to include GHGs.

 

At this time, staff is not proposing any new GHG related fees for this new program.

 

Other revisions unrelated to GHGs are also proposed, include repeal of the permit exemption for safety flares greater than or equal to one million BTU per hour.

 

The meeting will take place in the Board of Supervisors meeting room at 11:00 a.m. on April 12, 2011, at the Ventura County Government Center, 800 South Victoria Avenue, Ventura, CA 93009.

 

Please direct any comments, questions, or requests for additional information to Stan Cowen at (805) 645-1408.

 


 

April 12, 2011

Permit Fees (Rule 42 – Revised)

The District is proposing revisions to Rule 42, Permit Fees. The revisions included an increase in permit renewal fee rates of 2.0 percent, effective July 1, 2011. For permit holders paying the minimum fee, this increase will result in an increase of $10.00 per year. The District is seeking a relatively small fee increase this year due to the current economic situation. Staffing has decreased since 1997, and nine positions were cut over 2006 through 2008. Renewal fees did not increase in 2010.

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.

The public hearing will take place at 11:00 a.m. on April 12, 2011, in the Board of Supervisors Meeting Room at the Ventura County Government Center, 800 South Victoria Avenue, Ventura, CA 93009.

For additional information contact Stan Cowen at (805) 645-1408.
 


 

 

 

January 11, 2011

2011 Rulemaking Calendar

Health and Safety Code §40923(a) requires the District to publish a list of regulatory measures scheduled, or tentatively scheduled, for consideration during the upcoming year, by January 1. Except for limited exceptions, the District may only propose consideration of regulatory measures during the year if those proposed regulatory measures are contained in the published list. State law, however, does not require the rulemaking calendar to 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.

 

District staff has created a rule development calendar to comply with §40923(a) of the Health and Safety Code. The rule development calendar is presented as Attachment 1. The calendar includes rulemaking activities scheduled or tentatively scheduled for your consideration between January 1, 2011, and December 31, 2011. The rulemaking calendar lists proposed new or revised rules to implement: (1) the “every feasible measure” alternative to achieving at least a five percent annual reduction in district-wide emissions pursuant to Health and Safety Code §40914(b)(2); (2) revisions to make improvements in several existing rules; and (3) rule revisions mandated by state or federal requirements.

 

If you have any questions, please contact Mike Villegas at (805) 645-1440.
 

 


 

December 14, 2010

Hearing Board Rules

On the above date, the Air Pollution Control Board adopted revisions to six Regulation VII Hearing Board rules. The rules, all originally adopted on August 12, 1969, unless otherwise noted, are:

1. Rule 112, Contents of Petitions
2. Rule 120, Notice of Hearing
3. Rule 123, Findings, Variance or Abatement Order, originally adopted 8/17/76.
4. Rule 124, Decision
5. Rule 126, Effective Date of Decision

Rule 117, Answers, was repealed. No emission reductions will result from the proposed changes, which will both facilitate administration of the Hearing Board and align the rules more closely with California Health and Safety Code.

Please direct any comments, questions, or requests for additional information to Stan Cowen at (805) 645-1408.

 


 

May 11, 2010

Rule 74.11, Natural Gas-Fired Residential Water Heaters

Due to a clerical error, revision to Rule 74.11 were not adopted on January 12, 2010. The public hearing will be repeated on May 11, 2010. At that time, the Air Pollution Control Board will consider amendments to Rule 74.11. The proposed revisions limit NOx emissions from new general use natural gas-fired water heaters with a capacity of less than 75,000 BTUs/ hour to 10 nanograms per joule (ng/j), or 15 ppmv. In addition, new natural gas mobile home water heaters will be required to meet a NOx limit of 40 ng/j. The new limits will go into effect on July 1, 2010, and will apply to both residential and commercial applications. Other minor revisions are also proposed.

 

The new NOx limits are the same as those in SCAQMD Rule 1121; the 10 ng/j NOx limit took effect on January 1, 2006. Since that date, many complying water heaters have become available in Southern California.

 

Please direct any questions to Stan Cowen at (805) 645-1408.

 

 

 

January 12, 2010

Architectural Coatings (Rule 74.2 – Amended) and Definitions (Rule 2 - Amended): On January 12, 2010, The APCD Board adopted proposed amendments to Rule 74.2 Architectural Coatings and to Rule 2, Definitions. Rule 74.2 duplicates the 2007 Suggested Control Measure (SCM) adopted by the Air Resources Board on October 27, 2007. Adoption of this SCM will implement Control Measure R-329 from the Ventura County APCD 2007 Air Quality Management Plan. The Board also adopted amendments to Rule 2, Definitions, which adds the following to the list of exempt organic compounds: t-butyl acetate, methyl formate, dimethyl carbonate, and propylene carbonate.

In developing the new proposed limits for the Reactive Organic Compound (ROC) content of architectural coatings, the Air Resources Board (ARB) evaluated the state survey of coatings sold in 2004, cost of compliance surveys submitted by industry, and South Coast AQMD Rule 1113, Architectural Coatings. For more information on the SCM, the ARB has posted their staff report and technical support document on their website  (http://www.arb.ca.gov/coatings/arch/docs.htm).

 

Amended Rule 74.2 and staff report are available on the District’s website. Also, staff has posted a Final Environmental Impact Report (FEIR) to comply with the California Environmental Quality Act (CEQA). Staff is proposing to reuse the 2001 Final Environmental Impact Report developed for the 2001 amendments to Rule 74.2 as the FEIR, and to follow relevant provisions in the Ventura County Administrative Supplement to state CEQA guidelines which govern this proposal. The 45 day comment period on the Draft EIR started on August 17, 2009 and ended on October 2, 2009. The Environmental Report Review Committee recommended approval of the FEIR on October 14, 2009

For additional information, contact Stan Cowen at (805) 645-1408.

 

 

 

 

January 12, 2010

2010 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 final 2010 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 Mike Villegas at (805) 645-1440.
 

 


September 15, 2009

Paved Roads and Public Unpaved Roads (Rule 55.1- new) and Street Sweeping Equipment (Rule 55.2 –new): On September 15, 2009, the Air Pollution Control Board  adopted new  rules to reduce particulate matter (PM) emissions. Ventura County fails to meet the state standard for PM air quality, and a 2003 state law (SB 656) mandated that VCAPCD adopt new regulations to reduce PM air pollution.

New Rules 55.1 and 55.2 will implement those PM control measures adopted by the Board on June 28, 2005, but were not included in the recent adoption of Rule 55, Fugitive Dust. These new rules are based on South Coast AQMD Rule 1186, but not all the requirements from that rule are being proposed. The Ventura County APCD Advisory Committee recommended approval of both rules on May 26, 2009. The Board Hearing notice, proposed Rule 55.1, proposed Rule 55.2, and a staff report may be downloaded below. For additional information, contact
Stan Cowen at (805) 645-1408. The Board Hearing was held at 11:00 a.m. in the Air Pollution Control Board Hearing Room in the Administration Building at 800 S. Victoria Avenue, Ventura.

 

 

 

April 14, 2009

Rule 42, Permit Fees

On April 14, 2009, the Air Pollution Control Board adopted revisions to Rule 42. The revisions included an increase in permit renewal fee rates of 3.5 percent, effective July 1, 2009. For permit holders paying the minimum fee, this increase will result in an increase of $16.00 per year. The District also added an hourly fee to process Part 70 Permit to Operate applications and revised the administrative change procedure for permits.

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.

For additional information contact Stan Cowen at (805) 645-1408.

 

 

March 10, 2009

Rule 70, Storage and Transfer of Gasoline

On March 10, 2009, the Air Pollution Control Board adopted revisions to Rule 70, Storage and Transfer of Gasoline. The revisions include the following:

 

  • An exemption from Phase II vapor recovery for fleets equipped with Onboard Refueling Vapor Recovery (ORVR). At least 95 percent of the fleet must be equipped with ORVR to qualify
  • An exemption from Phase II vapor recovery for E85 fueling stations.
  • A restriction on standing gasoline in Phase I spill containment devices
  • A requirement for the daily inspection of hanging hardware
  • A requirement for permit holders to submit test results within 14 days
  • Other minor revisions

 

For additional information contact Stan Cowen at (805) 645-1408 or Eric Wetherbee at (805) 645-1496

 

 

 

January 13, 2009

2009 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 2009 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 Mike Villegas at (805) 645-1440.

 

 


 

November 11, 2008

Motor Vehicle and Mobile Equipment Coating Operations (Rule 74.18- revised): On November 11, 2008,(11 A.M.) the APCD Board adopted proposed revisions to Rule 74.18. Based on workshop comments, staff is proposing a limited-use exemption from the new 25 grams/liter ROC content standard for surface preparation cleaners. This Air Pollution Control Board hearing will be another opportunity for affected businesses, especially auto body shops and vehicle refinish shops, to provide testimony 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 clean copy of the Rule , and Staff Report may be downloaded below. Two minor changes were added to the draft that was recommended by the Advisory Committee on September 23, 2008. First, Section B.1 was clarified by the addition of the term “as applied” in the heading of the ROC content table. Second, a definition of “Mobile automotive coating touch-up operations” was added. This definition is identical to the conditions described in the exemption in Section C.6. Since APCD staff is concerned that these coaters are doing more than touch-up using HVLP spray guns, only the use of air brush sprayers will qualify for this exemption. For additional information, contact Stan Cowen at (805) 645-1408.

 

 


 

September 9, 2008

Notice to Comply (Rule 230 - revised): On September 9, 2008, the Air Pollution Control Board will hold a public hearing to consider proposed revisions to Rule 230, which allows the District to issue a Notice to Comply for a "minor violation" rather than a Notice of Violation. The rule implements Health and Safety Code (H&SC) sections 39150 through 39153. These H&SC sections, adopted in 1996 via Assembly Bill 2937, sunset on January 1, 2006, an have been removed from the Code. Staff proposes to delete from the rule any reference to vacated H&SC sections 39150 through 39153. This action will enable Rule 230 to remain in effect in Ventura County. For additional information, contact Stan Cowen at (805) 645-1408.

 

 

New Source Performance Standards (NSPS) (Rule 72 - revised)
National Emission Standards for Hazardous Air Pollutants (NESHAPS) (Rule 73 - revised): On September 9, 2008, the Air Pollution Control Board will hold a public hearing to consider proposed revisions to Rules 72 and 73.

The federal Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to establish New Source Performance Standards (NSPS) for sources that emit pollutants that affect national ambient air quality standards. Sources that are either constructed or significantly modified after the applicability date are subject to the standards. EPA is also required to establish National Emission Standards for Hazardous Air Pollutants (NESHAPS). NESHAPS control pollutants that are hazardous but for which no ambient air quality standards have been established.

EPA promulgates new standards and revisions to existing standards as needed. The authority to implement and enforce these standards is delegated to the District on a case-by-case basis. The District rules that implement these delegated federal regulations are Rule 72 and Rule 73. EPA requires the District to periodically review and update Rules 72 and 73. This proposal will update 13 NSPS, delete one NSPS, and request delegation for 4 additional NSPS. In addition, one NESHAPS is being updated.

For additional information, contact Stan Cowen at (805) 645-1408.

 

 

June 10, 2008

Rule 55, Fugitive Dust.

On June 10, 2008 the Ventura County Air Pollution Control Board adopted new 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 rule implements this mandated program by developing new standards for visible fugitive dust emissions and track-out.

 

Under Rule 55, the Board adopted 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 new dust standards are:

 

  • No visible dust 50 feet beyond the property line.
  • New 20 percent opacity limit.
  • New track-out limit of 25 feet.
  • No visible dust plume over 100 feet in length during earthmoving activities.

 

The 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:

 

  • Construction, Earthmoving, and Demolition Operations
  • Bulk Material Handling and Storage Operations
  • Off-field Agricultural Operations (parking areas, unpaved haul roads)
  • Private unpaved Roads
  • Unpaved Parking Lots and Staging Areas
  • Weed Abatement Operations

 

On-field agricultural operations, public unpaved roads and paved roads would be exempt. If you have anyr questions on the Rule 55, please contact Stan Cowen at (805) 645-1408.

 


 

April 8, 2008

Rule 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 Stan Cowen at (805) 645-1408.

 

 

Rule 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 Stan Cowen at (805) 645-1408.

 


 

Rule 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 Stan Cowen at (805) 645-1408.

 

 

 

September 11, 2007

Rule 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 Stan Cowen at (805) 645-1408. The registration application form can be obtained by clicking here.

 

 

 

April 10, 2007

Rule 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 Stan Cowen at (805) 645-1408.

 

 

January 9, 2007

2007 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.

 

 

 

November 14, 2006

Source 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 Stan Cowen at (805) 645-1408.

 

 

 

September 12, 2006

Part 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:

 

 

Ozone Nonattainment Classification Tons per Year ROC or NOx
Marginal and Moderate 100
Serious 50
Severe 25
Extreme 10

 

 

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.

 

 

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:

 

  • Large confined animal facilities (see definition in staff report)
  • Agricultural sources that emit more than 50 percent of the major source threshold of any of the following regulated air pollutants: oxides of nitrogen (NOx), reactive organic compounds (ROC), sulfur oxides (SOx), carbon monoxide (CO), or particulate matter (PM10) excluding fugitive dust.

 

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.

 

 

 

June 27, 2006

Rule 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 Stan Cowen at (805) 645-1408.

 

 

June 27, 2006

Rule 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 Stan Cowen at (805) 645-1408.