Amend Rules

BOARD MEETING DATE: July 12, 1996 AGENDA NO. 31


PROPOSAL:
Amend
Rule 2002 - Allocations for Oxides of Nitrogen (NOx) and Oxides of Sulfur (SOx),
Rule 2004 - Requirements,
Rule 2005 - New Source Review for RECLAIM,
Rule 2011 - Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOx) Emissions,
Rule 2012 - Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen (NOx) Emissions, and Rule 2015 - Backstop Provisions

SYNOPSIS:
The proposed amendments are necessary to clarify rule require-ments and improve monitoring, reporting, and recordkeeping flexibility for RECLAIM facilities. These amendments will: provide procedures consistent with Rule 430 - Breakdown Pro-visions, for reporting equipment breakdowns affecting RECLAIM pollutants; provide more accurate emission factors and clarify RTC allocations after year 2010; consolidate requirements for reports on RECLAIM issues; clarify requirements for Super Compliance facilities; provide a period of time for CEMS repairs; add language to clarify monitoring, reporting, recordkeeping, and other require-ments; and allow for an alternative to the NOx ending emission factor for cement kilns based on a demonstration plan.

COMMITTEE:
Not applicable.

RECOMMENDED ACTION:
  1. Certify the Supplemental Environmental Assessment (SEA) completed in compliance with the CEQA (California Public Resources Code Section 21000 et seq); and
  2. Amend Rule 2002, Rule 2004, Rule 2005, Rule 2011, Rule 2012, and Rule 2015.

James M. Lents, Ph.D.
Executive Officer


Background

On October 15, 1993, the AQMD Governing Board adopted the RECLAIM program. RECLAIM, crafted as part of the strategy to bring the South Coast Air Basin (SCAB) into compliance with federal and state ambient air quality standards, requires participating facilities to reduce emissions of NOx and SOx by levels equivalent to those required by the command and control rules RECLAIM replaced.

At the time of adoption, some industries had concerns about the amount of reductions proposed in the AQMP. Thus, Rule 2015 - Backstop Provisions required an evaluation of the ending emission factors for six source categories including gray cement kilns. The technical evaluation of gray cement kilns has been completed. Other amendments have been identified which will increase flexibility in monitoring, provide more accurate emission factors, allow greater efficiency in providing reports to the Governing Board, clarify super compliance requirements, better define peaking units, provide relief from violations of certain rules and permit conditions for a breakdown that meets AQMD criteria, and make the reporting information consistent between Rule 430 and Rule 2004.

Proposal

AQMD proposes to update emission factors for facilities subject to RECLAIM. Based on the technology review presented in the Staff Report and on source testing performed on specific processes, it is proposed that the ending emission factor for gray cement kilns be amended; new categories with associated emission factors be added for delacquering furnaces and pot furnaces; and a new category with associated emission factors be added for new or modified boilers subject to BACT requirements. AQMD proposes to add rule language to clarify the status of RTC allocations after the year 2010. Other clean up amendments are proposed for clarification and more accurate reporting of emissions.

In addition, amendments are proposed to increase flexibility in monitoring by the addition of a limited time for CEMS repair due to shutdown and the addition of missing data procedures for process units. Amendments are also proposed to clarify require-ments for super compliance, allow all reports to the Governing Board to be provided at the same time, and make breakdown provisions consistent between Rule 430 and Rule 2004. An amendment is also proposed to limit the use of peaking units by modifying the definition.

AQMP & Legal Mandates

The cumulative emission impacts of the proposed Rule 2002 amendments are significant for NOx emissions because they exceed the CEQA significance threshold of 55 pounds per day. The proposed amendments will result in an increase of 1.8 tons per day of NOx emissions for the year 2000. RECLAIM complies with Health and Safety Code Section 39616, equivalency, because these proposed amendments reflect the most stringent feasible air pollution control technology. These amendments will therefore result in equivalent or greater emission reductions when compared to current command and control regulations and future air quality measures that would have been adopted as part of the AQMD's plan for attainment.

CEQA & Socioeconomic Analysis

Pursuant to CEQA, staff prepared a draft Supplemental Environmental Assessment (SEA) for the proposed amendments to Regulation XX - RECLAIM. The draft SEA was circulated for a 45-day public review and comment period that ended May 10, 1996. No comments were received on the draft SEA for Regulation XX. The Final SEA has been incorporated into this rule package. In addition, a Socioeconomic Impact Assessment has been prepared and is part of the rule development package.

Implementation Plan

The proposed amendments do not appreciably change the RECLAIM program and are not expected to change the implementation of RECLAIM rules. Only minor adjust-ments to the implementation procedures are needed for CEMS for large sources and breakdown emissions. As always, staff will be available to assist those facilities affected by the proposed amendments.

Resource Impacts

Implementation of these proposals will result in more efficient use of AQMD staff time due to the consolidation of the current three separate status reports on aspects of the RECLAIM program into on combined annual report to the Governing Board.

Attachments
Summary of Proposed Amendments
Rule Development Process
Key Contacts
Resolution
Draft Rule Language
Final Staff Report
Final Supplemental Environmental Assessment
Final Socioeconomic Analysis