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Air Pollution Control Board Meeting Archive
Air Pollution Control Board Meetings
January 11, 20112011 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.
Downloads
December 14, 2010Hearing 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:
Downloads
May 11, 2010Rule 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 Don Price at (805) 645-1407.
Downloads
January 12, 2010Architectural 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.
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
January 12, 20102010 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. Downloads
September 15, 2009Paved 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.
April 14, 2009On 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. Downloads
March 10, 2009Rule 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:
For additional information contact Don Price at (805) 645-1407 or Eric Wetherbee at (805) 645-1496
Downloadss
January 13, 20092009 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.
Downloads
November 11, 2008Motor 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, 2008Notice 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 Don Price at (805) 645-1407. Downloads
New Source Performance Standards (NSPS) (Rule 72 -
revised)
June 10, 2008Rule 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:
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:
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.
DownloadsApril 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
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 Don Price at (805) 645-1407.
Downloadsss
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 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.
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