California Environmental News

South Coast Air Quality Management District (SCAQMD) is proposing a new rule, Rule 1114 - Petroleum Refinery Coking Operations. The rule applies to petroleum refineries with delayed coking units. The associated emissions reductions related with the implementation of this rule have been deemed necessary for the SCAQMD to attain state and federal air quality standards. 

 The purpose of the proposed rule is to reduce volatile organic compounds (VOC), particulate matter (PM), hazardous air pollutants (HAP), sulfur compounds and methane emissions from coke drum atmospheric venting. Specifically, Rule 1114 is proposed to minimize the amount of pollutants generated during the delayed coking process by requiring that a coke drum be depressurized to less than 2 psig prior to venting to atmosphere. 

 For more details, the proposed rule can be found on the SCAQMD website here.

In a public hearing held on December 20th, the San Joaquin Valley Air Pollution Control District (SJVAPCD) presented the 2012 PM2.5 Plan to its Governing Board for adoption.  The plan contains several control measures to implement in order to achieve attainment of the 2006 PM2.5 standard in the entirety of the San Joaquin Valley by 2019.  These measures consist of regulatory controls, incentives for voluntary emissions reduction, and outreach and policy efforts. 

The district stated that the PM2.5 standard cannot be reached by reducing industry related emissions alone.   Among the primary contributors to PM2.5 emissions are wood burning fireplaces and heaters as well as charbroiling activities.  Therefore, the plan proposes to extend regulatory control for these non-industrial sources.  The district also discussed how precursors (e.g., ammonium nitrate) may be regulated under the new plan.  In its scientific research, the district has found that reductions in ammonia emissions do not lead to significant reductions in PM2.5 formed from ammonium nitrate.  The district concluded that further control of NOx is the most effective way to reduce PM2.5 formation from ammonium nitrate. 

In the hearing the Governing Board's primary concern with adopting the Plan was that it is now outdated with the EPA's recent promulgation of the new PM2.5 NAAQS.  The plan authors explained that the most recently passed NAAQS standard is an annual standard and the 2012 PM2.5 Plan is intended as a path to attain compliance with the 2006 24-hr PM2.5 NAAQS, a different standard.  The newly promulgated standard lowers the annual PM2.5 NAAQS level but does not replace the 2006 24-hr standard.  Subsequently, the board voted to adopt the 2012 PM2.5 Plan.  In January 2013, the plan will move to California Air Resources Board (CARB) for approval and adoption prior to it being submitted to EPA.  During the hearing on December 20th, a CARB representative indicated that CARB supported the adoption of the plan by SJVAPCD indicating that it is likely to be approved by CARB in January.

South Coast Air Quality Management District (SCAQMD) is proposing a new rule, Rule 1148.2 - Drilling and Well Completion. The proposed rule would apply to activities relating to hydraulic fracturing. On September 8, 2012 the SCAQMD held a technology symposium on the use of hydraulic fracturing in the basin, the environmental impacts associated with hydraulic fracturing and public concerns regarding these impacts. As a result of this symposium, the governing board decided on the following:  (1) Initiate rule development which would require the reporting of chemicals used and (2) determine if existing SCAQMD rules sufficiently address hydraulic fracturing. As a result of this rule development, some regulatory gaps were discovered relating to fugitive dust emissions from mixing and drilling, hydraulic fracturing fluid, emissions from drilling mud and hydraulic fluid as it returns to the surface (flowback), and venting and flaring during the flowback period. 

Proposed Rule 1148.2 objectives are to collect data on emission sources related to drilling and well completion. Objectives also include notification of SCAQMD for well drilling activities and identification of sensitive receptors within 1,500 feet of a drilling site.

Proposed notification requirements include:

• Notifying SCAQMD prior to any oil and gas drilling
• Drilling operator information
• Anticipated start dates
• Notification prior to well completion
• Types of activities to be conducted
• Identification of sensitive receptors
  

Proposed reporting requirements include:

• Duration and type of each activity
• Equipment used during drilling and completion activities
• Overall description of activities, including preparation of materials and emission control techniques
  

The SCAQMD proposes to have a public workshop in January of 2013. In February of 2013 a report to the Stationary Source Committee will be presented and a hearing will be set for Proposed Rule 1148.2. In March 2013 a Governing Board Hearing will be held. 

On December 19, 2012, the Bay Area Air Quality Management District Board (Board) approved significant regulatory amendments to the following Regulation 2 Rules:

1. Rule 1, General  Requirements:  The Board approved critical changes to the definitions of the following terms: alter, modify (including a secondary "test" known as the Federal Backstop Provision), PM2.5, and PM10.
2. Rule 2, New Source Review (NSR):  The Board approved key revisions to this rule including: the addition of PM2.5 NSR requirements, District Prevention of Significant Deterioration (PSD) applicability and permitting procedures, and new National Ambient Air Quality Standards (NAAQS) modeling requirements for certain project types.
3. Rule 4, Emissions Banking: The Board approved adding PM2.5 as a specific pollutant that can be banked for emission reduction credits (ERCs).
4. Rule 6, Major Facility Review (MFR):  The Board approved incorporating GHGs into the MFR program.

There are other important updates to the above mentioned Rules that are not specifically called out in this article.  If you have any questions on further details of this regulatory action, please feel free to contact Trinity's Oakland office at (510) 285-6351.

BAAQMD's next steps will be to submit the proposed rule changes to EPA through the California Air Resource Board (CARB).  The above mentioned Rule amendments come into effect upon final approval by EPA, with the exception of the changes to Regulation 2, Rule 4 (Emissions Banking), which are effective immediately upon adoption by the Board (December 19, 2012). Sources should review the updates to the Emission Banking regulations to determine if there are any direct impacts to the facility.

On December 10, 2012, EPA finalized revisions to the State Implementation Plan (SIP) by approving four permitting regulations in each of the following districts: Eastern Kern Air Pollution Control District (EKAPCD), Imperial County Air Pollution Control District (ICAPCD), Placer County Air Pollution Control District (PCAPCD) and Yolo Solano Air Quality Management District (YSAQMD). The four regulations, submitted by the California Air Resource Board (CARB) and added to the California SIP are EKAPCD Rule 210.4, ICAPCD Rule 904, PCAPCD Rule 518 and YSAQMD Rule 3.24. Each of the regulations corresponds to the Prevention of Significant Deterioration program (PSD) for each respective district. 

The SIP revision will be codified in 40 CFR 52.220 by incorporating, by reference, the specific district PSD permitting rules listed above. The SIP revision provides a federally approved and enforceable way for the districts to issue PSD permits for new and modified major stationary sources that are subject to PSD review. EKAPCD, ICAPCD, PCAPCD, and YSAQMD are no longer a part of California's Federal Implementation Plan for the PSD program, per this revision. Facilities in the previously mentioned districts applying for PSD permits may adhere only to district rules rather than both district and federal rules. The regulations were submitted to EPA by CARB between April and July of this year. This final rule will be effective beginning February 8, 2013. If the EPA receives adverse comments prior to January 9, 2012 the effective date may be changed.

The South Coast Air Quality Management District (SCAQMD) is proposing to amend Rule 219 and Rule 222. A public workshop was recently held at AQMD headquarters to discuss and get public feedback on the proposed changes to these rules on November 8, 2012.

SCAQMD is proposing to amend Rule 219 on March 1, 2013 to exempt further equipment from the requirement to obtain a District permit to operate. Some examples of equipment proposed to be exempted are

• Micro turbines or other distributive power generation systems less than 50 BHP or a maximum heat input rate of 3,500,000
• Power pressure washers, portable steam or hot water washers with a maximum heat input capacity of 2,000,000 BTU per hour which uses less than 50 gallons of fuel per day
• Charbroilers used at multi-family residential units, such as apartment or condominium complexes
• Laser etching equipment used on metals
• Aerosol paint can recycling systems

SCAQMD is also proposing to amend Rule 222 on October 5, 2012 to include certain equipment in the Rule 222 filing program in lieu of requiring District permits. Some examples of equipment which currently requires a District permit which is proposed to be added to the Rule 222 filing program are

• Food ovens, natural gas fired
• Fuel Cells, solid oxide technology
• Diesel fuel boilers less than 200,000 BTU per hour maximum heat input rating
• Asphalt tankers and tar pots with a capacity greater than 159 gallons
• Micro turbines with a maximum heat input rating of 3,500,000 BTU or less, using fuel other than natural gas

For more details, the Notice of Public Workshop can be found on the SCAQMD website here.