HomeMy WebLinkAboutAGENDA REPORT 1989 1101 CC REG ITEM 08FELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
TO:
FROM:
DATE:
SUBJECT:
MOORPARK
MEMORAN Di1M
ITEM .
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
The Honorable City Council
Patrick J. Richards, Director of Community Development
October 25, 1989
Compliance and Monitoring of Stationary Emission
Standards
Pursuant to City Council direction at the October 18, 1989, meeting,
staff has prepared the following report pertaining to regulatory
control of air emissions. Two sources of air pollution are regulated;
stationary, and non-stationary. This report focuses on stationary
sources of air pollution, such as the type of air pollution emitted
from local business and industry operations.
Back round
On September 19, 1989, the Management Analyst reported to Council on
the status of regulating Freon. emissions. Included in this report is a
general discussion of the role of various agencies in controlling air
pollution., (Attachment A) . The . Ventura County Air Pollution Control
District, (APCD), is the primary regulatory agency in Moorpark,
providing annual inspections, and en rorein.g permit requirements,
Discussion
The APCD permit and inspection process Is tailored for different
sources of stationary emissions defined by laws of the Federal and
State authorities. Examples of how specific laws are enforced. include
the :regulation of gasoline vapors, and. control /abatement of asbestos.
Other stationary sources may fall into broad categories and may include
businesses such as auto body .repair, and dry cleaners.
APCD must rely on data provided to them from the .local jurisdiction
in order to inspect and enforce requirements for new businesses. In
other cities, business license programs provide this information, and
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
business registration in Moorpark is capable of informing APCD as
well.
Local Services
California provides the most stringent air quality regulations in the
nation, and it is the County's responsibility to enforce these
regulations. In July of this year, APCD recruited Mr. Al Danzig
to manage the enforcement team. Since this time, Mr. Danzig
reorganized the inspection jurisdiction, shifting Moorpark away from
Simi Valley, and combining our inspection program with Fillmore and
Pi.ru. This adjustment has increased the the amount of inspection
time in Moorpark, and will help to insure that local businesses are
within the existing laws.
Over the past three months, staff has contacted APCD on two
occasions when regulatory concerns came to the City's attention. On
each call, APCD inspectors were at the site within twenty four
hours. One permit was modified to include new equipment at the
business site, and the second inspection merely informed the City that
the business was not a toxic air emission source.
Attachment B provides some examples from APCD describing for
business persons what APCD requires for permits. A new law
adopted by the State on July 1, 1989, extends these requirements to
prevent toxic air sources from locating near schools, (AB3205,
Attachment C)
Recommendation
Receive and file.
Attachments: A) September 19, 1989 Report
B) Permit Requirements
1. Application Package
2. Underground Tank removal
3. Exemptions
4. Special Requirements for Dry Cleaners
5. Stationary Combustion Engines
C) AB 3205 - APCD Informational Letter to the City
MOORPARK, CALIFORNIA
City Council Meeting
of 198
ACTION:
ELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
TO:
FROM:
DATE:
SUBJECT:
MOORPARK
MEMORANDUM
3
ATTACHMENT A
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
The Honorable City Council
Donald P. Reynolds, Jr., Management Analyst
September 19, 1989
Regulation of Freon 113 Emissions Pertaining to the
Business Operations of Metal Bellows
Pursuant to Councilman Harper's request regarding the emissions of
Freon by Metal Bellows, (as reported by the News Chronical, 8/2/89),
staff has researched current local programs, State, Federal, and
international approaches to regulate Chlorofluorocarbons, (CFC's) .
There are no current regulations which specifically address the
emissions of Freon 113, (and the CFC's which accompany it), as
reported to be 15,000 pounds from Metal Bellows in 1987. This explains
why A . P . C . D . has the company oil permit, but cannot prevent this
pollution from happening.
Freon 113
is not toxic, and not flammable.
According to
APCD,
using Freon
as a solvent is preferred over substitutes such as
gasoline
and alcohol
which create a greater risk to health
then Freon. A.
P. C. D.
Is satisfied
with the current operations as they
pertain to the
ambient
air quality,
and are anxiously awaiting legal
authority to
address
those emissions which adversely affect the upper
atmosphere.
A . P . C . D . does have the authority to close facilities which pollute the
air, but on a basis which is limited to specific authority pertaining
to certain types of pollutants, (such as gasoline pumps, and
degreasors) . Environmental Health is also authorized to close
facilities for air pollution, but only under special circumstances such
as leaks or spills. Depending on the circumstances, Environmental
Health will work with APCD, or Water Works District 1, to coordinate
the reduction of pollutants, but the inspections and monitoring of the
pollutants applies to the jurisdiction of each agency. Currently,
APCD conducts annual inspections in order to review current permits,
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
and consider new applications. Ventura County Water Works 1 is
admittedly behind in this procedure, but is preparing an ordinance
which will give them authority to inspect and issue violations.
Reddy Pakala is currently working with the Ventura County
Regional Sanitation District to employe inspection and monitoring
services for Moorpark sewers.
In the future, there are two avenues closing in on the release of
CFC's into the air. One will be future technological developments,
and the second is current State, Federal and international legislation.
On the State level, there are currently 14 Bills before the Legislature
regarding CFC emissions, (a summary of these has been attached for
reference) . Only two of the Bills appear to be progressing fast enough
to be approved this year, and neither of these directly involve the use
of solvents by industry. SB116 is targeted at Freon emissions
resulting from repair or replacement of refrigeration devices. The
second, SB231 addresses the issue, but in a general format. Senator
Roberti authored SB231, (see attached draft), as a comprehensive
approach to the CFC issue which could direct the State Air Resources
Board to develop a policy determining which uses of CFC would be
permitted, if any.
AB1718, (Hayden), is a bill which proposed to eliminate CFC's
100 %. Unfortunately, this bill has been held up in committee. Because
of the delay, Mr. Hayden will be developing an initiative measure for
the November 1990 ballot.
On the Federal and international level, there is not much activity to
report. In 1987 the Montreal Protocol required all countries to reduce
the use of CFC's by 50% by 1995. In December of 1987, Congress
proposed regulations for implementing the Montreal Protocol, and in
1988, a bill was presented to reduce CFC's by 100 %, not 50 %.
According to the EPA's office, they are not currently pursuing any
of the above mentioned regulations, and are waiting for alternative
chemicals to be developed.
On the technical side, two companies are working on alternative
solvents. As reported by the News Chronical, Dupont has developed
a chemical that is currently being tested. It will not be ready until
1995. AT & T has found a method which uses citrus rinds as a
solvent. Both procedures will require industry to change their current
procedures, and purchase new equipment, (and could delay progress) .
City staff has researched the permit conditions of the Metal Bellows
facility, DP -296, and has found little mention of air quality
concerns. Attached are some pertinent notes for Council reference.
These concerns pertain mostly to sewage waste , and not air pollution.
This project was well underway when the City incorporated. Staff is
not aware of any tests conducted on the Metal Bellows sewage system.
The Business Regulation Task Force will address these issues, and the
role of regulatory agencies in Moorpark on a forthcoming agenda.
Staff is researching the possibility of creating an enterprise system
for condition compliance inspections, automated inspection schedules,
and an environmental data base.
Attachments: 1) League Of California Cities Legislative Report on
CFC's
2) Draft of SB231
3) Relevant Permit Conditions and Information for
DP -296
CC: Steven Kueny, City Manager
Patrick J. Richards, Director of Community Development
m
09/11/89 Page 1
CA SB 1138 AUTHOR: Marks
TITLE: Chlorofluorocarbons and halons
SUMMARY:
Prohibits the manufacture, import, or export of any product
containing any chlorofluorocrbon or halon, if the product or
use is harmful to the environment.
STATUS:
5/09/89 To INTERIM STUDY.
CA SB 1192 AUTHOR: Marks
TITLE: Air resources: chlorofluorocarbons
LAST AMEND: 5/22/89
SUMMARY:
Prohibits the manufacture, distribution, or sale on and after
January 1, 1990, of polystyrene foam food service or packing
products made with specified chlorofluorocarbons (CFCs);
prohibits the manufacture, distribution or sale of any rigid
polystyrene foam product made with specified CFCs, if
substitutes are available. Requires the Senate Committee on
Rules to contract for a study to determine the quantities of
certain CFCs and halons in use and their ozone depletion.
STATUS:
8/31/89 In ASSEMBLY. Read second time. To third reading.
CA SB 116 AUTHOR: Rosenthal et al.
TITLE: Air pollution: chlorofluorocarbons: recycling
LAST AMEND: 8/22/89
SUMMARY:
Makes statement of legislative intent; defines terms.
Requires any owner or operator of a retail store, cold
storage warehouse, or commercial or industrial building, when
servicing or disposing of a refrigeration system containing
CFCs, and any person who installs, replaces, or services
those systems, to reuse or recycle CFCs. Prohibits
intentional venting or disposal of them. Operative 7/1/90
for some CFCs and 7/1/91 for others. Requires inspections.
STATUS:
9/06/89 In ASSEMBLY. To Inactive File.
CA SB 231 AUTHOR: Roberti
TITLE: Hazardous waste: chlorofluorocarbons
LAST AMEND: 8/30/89
SUMMARY:
Makes a statement of legislative intent, and requires the
State Air Resources Board to adopt a program to reduce CFC
emissions_ Re?oiiiracz the State RnaYd to evaluate data. cond
09/11/89
hearings, prepare a report which would be reviewed by an
advisory committee and enact appropriate regulations.
Violations of these regulations would be subject to civil and
criminal penalties. Requires the State Board to report to the
Governor and Legislature periodically on the program.
STATUS:
9/07/89 From ASSEMBLY Committee on WAYS AND MEANS: Do
pass.
CA SB 427 AUTHOR: Torres
TITLE: Tropical rain forest destruction: study
LAST AMEND: 9/07/89
SUMMARY:
Requires the State Air Resources Board to inventory sources
of global greenhouse gases, as defined, that potentially
contribute to depletion of stratospheric ozone, and to
include this information in the biennial report.
STATUS:
9/07/89 From ASSEMBLY Committee on WAYS AND MEANS: Do
pass.
9/07/89 In ASSEMBLY. Read second time and amended. To
third reading.
CA AB 2404 AUTHOR: Connelly
TITLE: Air resources: chlorofluorocarbons
SUMMARY:
Prohibits, on and after 1/1/92, the sale or offer for sale of
chlorofluorocarbon coolant suitable for use in mobile air
conditioners in containers smaller than 15 pounds.
STATUS:
4/10/89 To ASSEMBLY Committee on NATURAL RESOURCES.
CA AB 1332 AUTHOR: Peace
TITLE: Vehicles: chlorofluorocarbons
LAST AMEND: 6/08/89
SUMMARY:
Prohibits the registration or the sale to a consumer or
dealer of a motor vehicle of a model year of 1993 or later
that has an air - conditioning system which uses
chlorofluorcarbonsy authorizes the State Air Resources Board
to delay the prohibition on a yearly basis, as specified.
STATUS:
6/08/89 From ASSEMBLY Committee on NATURAL RESOURCES with
author's amendments. Read second time, amended.
Re- referred to Committee.
CA AB 1718 AUTHOR: Hayden
09/11/89 Page 3
LAST AMEND: 8/21/89 L
SUMMARY:
Requires, after January 1, 1991, the use of refrigerant
recycling equipment approved by the State Air Resources Board
in the servicing of vehicle air conditioners having CFC
coolants, and prohibits selling those coolants in specified
small quantities; requires the Bureau of Automotive Repair to
establish and administer procedures for installation and use
of that equipment.
STATUS:
8/21/89 From SENATE Committee on NATURAL RESOURCES AND
WILDLIFE with author's amendments. Read second
time, amended.
8/21/89 Re- referred to SENATE Committee on NATURAL
RESOURCES AND WILDLIFE.
CA AB 2395 AUTHOR: Sher
TITLE: Energy resources: policy: global warming
LAST AMEND: 8/21/89
SUMMARY:
Pertains to Warren - Alquist State Energy Resources
Conservation & Development Act. Declares policy of state to
employ measures to reduce wasteful and unnecessary uses of
energy; enacts Global Warming Coordinating Committee, whose
duties relate to the coordination of state planning and
research on the effects of global warming to facilitate
exchange of information among state agencies; imposes certain
duties on the State Air Resources Board.
STATUS:
9/06/89 In SENATE. Joint Rule 61 suspended.
CA AB 2151 AUTHOR: Brown W Vasconcellos
TITLE: Energy resources: air pollution: global warming
LAST AMEND: 8/24/89
SUMMARY:
Requires the draft electric report prepared by the State
Energy Resources Conservation and Development Commission to
contain among other categories for consideration, and
analysis and evaluation of the means by which noncriteria
greenhouse gas emissions and criteria air emissions from
existing powerplants may be reduced, and policies to reduce
air pollution and greenhouse gas generation; enacts the
Energy Conservation and Global Warming Reduction Act of
1989.
STATUS:
9/07/89 From SENATE Committee on APPROPRIATIONS: Do pass.
09/11/89 Page 4
CA AB 2532 AUTHOR: Vasconcellos
TITLE: Air pollution: halogenated substances
I
SUMMARY: 9
Makes a statement of legislative intent, defines terms, and
requires, on and after January 1, 1991, except as specified,
the use of refrigerant recycling equipment approved by the
Bureau of Automotive Repair in the servicing of vehicle
air - conditioners having CFC refrigerants. Prohibits selling
those substances in specified small quantities. Requires the
Bureau to establish and administer procedures for
installation and use of that equipment.
STATUS:
9/05/89 In ASSEMBLY. Read second time and amended.
CA AB 1736 AUTHOR: Friedman
TITLE: Vehicles: Chlorofluorcarbons emissions
SUMMARY:
Reqires the State Resources Board to review and evaluate the
adequacy of programs to reduce chlorofluorocarbon emissions
from new motor vehicle air- conditioning systems, and report
its findings and recommendations to the Legislature by June
30, 1990.
STATUS:
8/31/89 In SENATE. Read third time. Passed SENATE.
* * * * *To ASSEMBLY. To enrollment.
Enter Bill #; String #'s;
END OF REPORT
1
s
AMENDED IN ASSEMBLY SEPTEMBER 11, 1989
AMENDED IN �ASSEMBLY AUGUST 30, 1989
AMENDED INASSEMBLY AUGUST 21, 1989
AMENDED,jN SENATE JUNE 16, 1989
/6
AMENDED''IN SENATE APRIL 5, 1989
�..
SENATE BILL `' No. 231
Introduced by Senator Robert'RECEIVE
D
R�
SEP t 4
X89
j`anuary 23, 1989
C!ty'Of IV
nOrpcirK
An act to add Part 71,1 (commencing with Sectiori 44400) to .
Division 26 of the Health and Safety Code, relating to
chlorofluorocarbons
LEGISLATIVE COUNSEL'S DIGEST
SB 231, as amended, Roberti. Hazardous waste:.
chlorofluorocarbons.;
(1) Existing law prohibits the manufacture and sale of
specified chlorofluorocarbons (CFCs) as aerosol propellants
.but does not otherwise expressly. regulate CFCs.
This bill would make a statement of legislative intent, and .
require the State Air Resources Board to adopt a program to
reduce CFC emissions.-.The state board would be required to
evaluate data, conduct hearings, prepare. a report which
would be reviewed by an advisory committee created by the
bill, and enact appropriate regulations. Violation of those
regulations would be subject to civil and criminal penalties.
The bill would impose a state - mandated local program by
creating a new crime.
The bill would require the state board to report 'to the
Governor and Legislature periodically on the program. The
state board would be required to collect a fee from
establishments that handle CFC products or chemicals in
94 40
SB 231 —2— ;'
'
�'ti
—3— SB 231
specified applications to < produce .: sufficient revenue to ^ 1 ;^
1
most . detrimental of the CFCs and halons. This
"commonly
implement the provisions of the bill; thereby imposing a tax
21.a
greement, known as the Montreal Protocol,
for purposes of Article XIII A of the.California Constitution.
+
3
was ratified in December of 1988, and became effective
The bill would also require the state board to inventory
l'
.4.4.
January 1, 1989:
sources'of gases and would require persons that handle CFCs
;
5:
(c) In May 1989, the. United Nations- sponsored
to furnish information to the state board. Violations would be ;
fees :. �- a
-.
6
7
environmental conference in, Helsinki, which was
attended by about 100 countries, adopted a resolution
subject to civil penalties. The revenues -from the would
be deposited in the Ozone Depletion Control Account which
-1..:,
-
8
calling for the end to the-production and use of CFCs by
would be created in the General Fund.
9:
the year 2000.
(2) The California Constitution ` requires the state to
10
" , (d) . To . - , implement ' the . Montreal. Protocol, the
reimburse local agencies and school districts for certain costs
: ,
11
Environmental Protection Agency, on December 14,
mandated, =by the state. ': Statutory provisions establish
12 '
1987, proposed regulations, which are now final, to limit
procedures for making that reimbursement.,,,
13
the production and consumption of CFCs and halons; by
This bill would provide that no reimbursement is required
+
14,
,the following means:
by this act for a specified reason
15
1. (1) Freezing production at 1986 levels` of CFC -11,
Vote:. Appropriation: no. Fiscal committee yes.
16
CFC -12, CFC -113, CFC -114, and CFC -115 beginning in
State - mandated local program: yes.:, ': a
-
.17
mid -1989 and reducing production of these CFCs to 80
18
percent of 1986 levels beginning in mid -1993 and to 50
The people of the State of Cahfomia do enact as follows
19
percent of 1986 levels beginning in mid - 1998.
1
'
( )
20
(2) Freezing production of Halon 1211, Halon 1301,
1 SECTION 1. Part 7 (commencing with Section
s 21
'and Halon 2402 at 1986 levels, beginning around 1992.
2 44400) is added to Division 26 of the Health and Safety
,
= 22
;:;: '(3) Applying future .. trade restrictions affecting
3 Code, to read: _ . + ^+
j
23
imports from countries that have not signed the Montreal
Protocol.
4
5 PART 7. CHLOROFLUOROCARBONS'
-
24
25
(e) The State of California recognizes the potential
6 . , . ,
26
severity of the environmental damage caused by ozone
7 I', CHAPTER 1.. REPLACEMENT PRODUCTS
27
depletion and sees 'an urgent need, to reduce the
g �:...
28
emissions of ozone- depleting gases- as expeditiously as
9 44400 < -. The ; Legislature finds - and : declares 'the
29
possible. The state recognizes that its resources can best
10 following: • , , . ;
30
contribute to solving this problem by building on the
11 (a): Studies are -, -increasingly, confirming ` . that
31
changes already being made as a result of national and
12 worldwide emissions of chlorofluorocarbons (CFCs) , and
32
international efforts to reduce the use of these gases. The
13 other manufactured chemicals are contributing to the
33
state further recognizes its interest in encouraging an
`orderly depleting
14 depletion of the ozone layer that protects the earth from
%`
34
reduction in California's use of'ozone-
15 harmful .ultraviolet radiation, resulting in adverse effects _
35
chemicals through a comprehensive statewide policy. In
16 on human health and the environment..
36
order to further these goals; it is the intent of the State of
17 (b) In September. 1987, 24 nations, including the
i
37
California to establish a program to promulgate the
18 United States, Japan, and members of the European
38
.following policies.
19. Economic Community, negotiated; ; an,, agreement in
`'°
^'" i-
39
'. (1) Determination : ,of the extent of California's
depleting
20 Montreal to reduce the most widely used and potentially
40
contribution of ozone - gases.
: 94 60
94 80
SB 231 —4—
i
1
(2) Identification of uses of ozone- depleting
2
compounds that will not be substantially reduced or
3
controlled as a result of the Environmental Protection
4
Agency's limits on the production of ozone - depleting
5
compounds.
6
(3) Augmentation as necessary of national and
'
7
international efforts to reduce the use of ozone - depleting
8
compounds through the use of add -on engineering
9
controls, process modifications, recovery and reuse of
10
CFCs, and by encouraging the use of safe and effective
11
alternative compounds, products, and practices as they
12
become available.
13
(4) Encouragement of the sharing and dissemination
14
of information.
15
(5) Periodical evaluation of the effect of California's
16
efforts to reduce its reliance on ozone - depleting
17
compounds, and revising the state's program to build on
18
new developments in this area.
19
44401. The stake board shall establish an
20
environmental and technical assessment program
21
pursuant to this chapter.
22
44403. (a) On or before January 1, 1991, and every
23
two years thereafter, the state board, acting as lead
,
24
agency, in consultation and participation with the State
25
Energy Resources Conservation and Development
26
Commission, the Department of Commerce, and the
27
State Department of Health Services, shall identify the
28
feasible technical options available to reduce CFC
29
emissions for each of the following CFC applications:
30
(1) Flexible urethane foams.
31
(2) Rigid urethane and nonurethane foams.
32
(3) Solvents.
33
(4) Mobile air- conditioning.
34
(5) Commercial air - conditioning systems.
35
(6) Commercial refrigeration.
36
(7) Home refrigerators, freezers, and air - conditioners.
37
(8) Fire suppressants.
38
(9) Any other applications which represent a
39
significant CFC emission source in California.
40
(b) For the purposes of this chapter, "technical
1
—5— SB 231
1 options" includes, but is not limited to, all of the
2 following:
3 (1) Chemical substitutes.
4 (2) Product substitutes.
5 (3) Add -on engineering controls.
6 (4) Process modification.
7 (5) Recovery and recycling.
8 (c) For the purposes of this chapter, "CFC" means any
9 of the halogenated chemicals CFC -11, CFC -12, CFC -113,
10 CFC -114, CFC -115, CFC -502, Halon -1211, Halon -1301,
11 and Halon -2402.
12 ' (d) For each of the technical options identified in
13 subdivision (a) , the state board shall include the
14 following information:
15 (1) Emission reduction potential.
16 (2) Health, safety, and environmental side effects,
17 including air quality, both chronic and acute.
18 (3) Institutional constraints, including governmental
19 specifications and local regulations.
20 (4) Cost to industry.
21 (5) Commercial availability.
22 (6) Effects on energy consumption.
23 (e) In conducting this review, the state board shall
24 consider relevant scientific and technical data, including,
25 but not limited to, relevant data provided by the United
26 States Environmental Protection Agency, the Montreal
27 Protocol's Assessment Panels, other international and
28 federal agencies, private industry, academic researchers,
29 and environmental organizations.
30 44403.5. (a) On or before July 1, 1991, and as deemed
31 appropriate thereafter by the state board, based on their
32 review pursuant to Section 44403, the state board shall
33 prepare a report containing their recommendations for
34 regulatory action regarding a particular technical option,
35 or for the banning of products containing CFCs, or the
36 use of a CFC if the technical option is a chemical or
37 product substitute.
38 (b) Notwithstanding subdivision (a), the report may
39 include recommendations for the banning of a product
40 containing CFCs, or the use of a CFC when no product
94 1201
231 —6—
—7— SB 231
or chemical substitute is available, if the state board
1
to this section shall be made by regulation.
determines that there is a general technical consensus
2
3
(c) Notwithstanding subdivision (c) of Section 44403,
board for its review and
that such a ban is appropriate.
(c) The executive officer of the state board shall, prior
,
4
the state may consider,
regulation pursuant to this part, any compound which has
to submitting the report to the Environmental and
5
an ozone depletion potential greater than 0.1 and which
Technical Assessment Advisory Committee established
6
7
has been identified by the Environmental Protection
Agency controlled by the Montreal
by Section 44405, hold at least one workshop concerning
%#
as substances
the recommended regulatory action with affected parties
8
Protocol on Substances that Deplete the Ozone Layer.
and the interested public to solicit input regarding the
9
44404.5. (a) Not less than 90 days prior to the
appropriateness and effect of the recommended
10
commencement of the ban of a product containing CFCs
regulatory actions.
(d) The report, together with the data on which the
11
12
or the use of a CFC, any person subject to the
requirements of this part, who has reason to believe that
report is based and comments received at the workshop
13
the technical option cannot be implemented for his or
conducted pursuant to subdivision (c), shall be made
14
her specific application or site, and who did not
available to the public and shall be formally reviewed by
15
participate in the regulatory proceedings pertaining to
the Environmental and Technical Assessment Advisory
16
the regulation for which the exemption is sought, or, if
Committee. The committee shall review the procedures,
17
18
she or he did participate in that meeting but new
have arisen, may petition the state board
s methods, and data used to support the evaluations and
1 recommendations for regulatory action proposed by the
19
circumstances
for an exemption from that regulation. The petition shall
1 state board, as well as any comments received as a result
20
be verified and shall include all of the following
of conducting any workshop. The committee shall submit
21
information:
Ij its written findings to the state board within 60 days after
22
(1) If the petitioner did not participate in the
I receiving the report. The committee may petition the
23
regulatory proceeding pertaining to the regulation for
E state board for an extension of the deadline, which may
�j
24
25
which the exemption is sought, a statement of the reasons
the did not, directly or indirectly,
i not exceed 15 working days. The committee's findings
why petitioner
i shall be considered by the state board as part of the
26
participate in the regulatory proceeding.
T regulatory hearing conducted pursuant to Section 44404.
27
(2) If the petitioner participated in the regulatory
3 44404. (a), Within 10 working days following receipt
28
proceeding pertaining to the regulation for which the
a of the findings of the advisory committee pursuant to
29
exemption is sought, a description of the evidence not
subdivision (d) of Section 44403.5, the executive officer
30
previously submitted to the board which supports an
L shall prepare a hearing notice and a proposed regulation
31
exemption to the regulation.
Z which shall include the proposed determination as to
! 32
(3) A description of the unique characteristics of the
3 whether a specific technical option or ban shall be
®
33
®
site or application for which an exemption is requested.
What take to to
4 instituted.
�/ .
34
(4) actions the petitioner will reduce,
5 (b) After conducting a public hearing pursuant to
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the maximum extent feasible; the emissions of CFCs,
5 Chapter 3.5 (commencing with Section 11340) of Part 1
7 of Division 3 of Title 2 of the Government Code, the state
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including reuse and recycling.
, (b) The state board may grant an exemption if it finds
5 board shall make a determination which technical
9 options shall be required, and whether to ban products or
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all of the following:
(1) Based on the unique characteristics of th
0 chemicals containing CFCs. Any changes made pursuant
40
petitioners site or application, an exemption has merit.
SB 231 —8—
1 (2) The petitioner will take actions to reduce, to the
2 maximum extent feasible, the emissions of CFCs.
3 (3) The petitioner will, to the maximum extent
4' feasible, either reuse CFCs in the process, recycle CFC'
5 wastes, recycle CFC wastes to an external recycler, or, if
6 CFCs wastes are not feasible to recycle, send the CFC to
7 destructive disposal; or the process destructively
8 consumes CFCs.
9, (c) The state board may limit the duration of the
10 exemption from the regulation. The state board shall
11 decide whether to grant or deny the exemption within 45
12 days after the receipt of the petition. The state board's
13 proceeding on the exemption is not subject to he the
14 Administrative Procedure Act (Chapter 3.5
15 (commencing with Section 11340), Chapter 4
16 (commencing with Section 11370), and Chapter 4.5
17 (commencing with Section 17500) of Part 1 of Division 3
18 of Title 2 of the Government Code.
19 44405. (a) There is in state government an
20 Environmental and Technical Assessment Advisory
21 Committee to advise the state board in the evaluation
22 and recommendation of technical options to reduce CFC
23 emissions. I . i
24 (b) The advisory committee shall consist of the
25 following 10 members who shall be highly knowledgeable
26 in the production and use of, control measures for, and
27 the environmental effects of, CFCs. It is the intent of the
28 Legislature that, in combination, the members should
29 have expertise in all of the CFC applications identified in
30 subdivision (a) of Section 44403.
31 (1) Four members shall 'be appointed by the
32 Governor, one of whom shall be a representative from
33 the foam industry, one of whom shall be a representative
34 of a California environmental association, one of whom
35 shall be a representative from a California academic
36 establishment, who has demonstrated expertise in the
37 occupational health and safety field, and one of whom
38 shall be a representative of the air - conditioning and
39 refrigeration industry.
40 (2) Three members shall be appointed by the
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—9— SB 231
1 President pro Tempore of the Senate, one of whom shall
2 be a public member who shall have no financial interest
3 in any of the recommendations or studies of the
4 committee, one of whom shall be a representative of a
5 CFC manufacturing company, and one of whom shall be
6 a representative of a California research institution.
7 (3) Three members shall be appointed by the Speaker
8 of the Assembly, one of whom shall be a representative
9 of the electronics industry, one of whom shall be a
10 representative from a public interest group'.and one of
11 whom shall be a public member who shall have no
12 financial interest in any of the recommendations or
13 studies of the committee.
14 (c) The appointments required to be made pursuant
15 to subdivision (b) shall be made on or before April 1,
16, 1990.
17 (d) The chairperson of the committee shall be elected
18 by. the committee.
19 (e) A vacancy occurring on the committee shall be
20 filled in the same manner as the original appointment.
21 (f) All meetings of the committee shall be subject to
22 the Bagley -Keene Open Meeting Act contained in
23 Article 9 (commencing with Section 11120) of Chapter 1
24 of Part 1 of Division 3 of . the Government Code. A
25 'majority of the total membership of the committee shall
26 constitute a quorum for the transaction of official
27 business.
28 (g) Members of the committee shall serve without
29 compensation, but shall be entitled to reimbursement for
30 actual and necessary expenses incurred. as a result of
31 official committee business.
32 (h) All state agencies shall provide assistance to the
33 committee in carrying out the committee's
34 responsibilities.
35 (i) Members of the committee shall submit annually a
36 financial disclosure statement that includes a listing of
37 income received within the preceding three years,
38 including investments, grants, and consulting fees
39 derived from individuals or businesses which may be
40 affected by regulatory actions undertaken by testate
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SB
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board. The financial disclosure statements submitted
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pursuant to this section are public information.
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44406. On or before July 1, 1991, the state board shall
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establish a technical assistance program to assist CFC
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users in identifying technical options'available to reduce -
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CFC emissions. The program shall emphasize assistance
to smaller businesses that have inadequate technical and
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financial resources for obtaining information, assessing
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alternative technical options to reduce CFC emissions,
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and developing and applying CFC emission reduction
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techniques. The program shall ,include at least all of the
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following elements, which shall be carried out by the
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state board:
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(a) The state board shall conduct CFC emission
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reduction seminars, workshops, training programs, and
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other similar activities to assist CFC users in identifying
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and applying CFC emission reduction techniques.
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(b) The state board shall establish a program to
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assemble, catalog; and disseminate information about
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available technical options for the reduction of CFC
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emissions.
44406.6. The state beaf d shall establish
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preeedures to eesere that trade seerets used by a persee
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are tAilized by the state beard; or any aetherized
es� of the state beard; e* ift eeeeeetien with
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the respensibil e€ the state bead persuan to this
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ehapter aftd afe eet otherwise disse"tinat by the state
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beard; eP any autherized representative e€ the state
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begird; witheut the eensent of the persen. teer, arty
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shall be male available to geyerftfnentel
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agette es few use in maleing studies aed fer use in judie-ial
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review er n fe n ` preen ievelving the
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persee €brnishing the inferfnatienr
"Trade
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J* seeretT as used in this seetiee; irielude,
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bttt are met limited te; any €erfftttla, plae; pattern, preeess;
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cure
�is��p�,
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eempilet en which
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which is knewn et-Ay to eertain iediYiduals within a
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eaeeere who are wARg it to &br-ieate,
predttee, er eefpeend ae artiele e€ trade or a ser-e?ee
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—11—
SB 231 "
having o . 4 -Vie, and whie3 g4yes its user
to ebtain a business ad -vatitage s
eempetiters who de net knew ep ttse A
44406.5. (a) The state board, in order to carry out its
responsibilities pursuant to this chapter, may request,
and any person so requested shall provide information on
any substance which is or may be under evaluation and
which is manufactured, distributed, emitted, or used by
that person. To the extent practical, the state board shall
collect the information in the aggregate, or in any other.
manner designed, to avoid the collection of trade secrets.
(b) Any person providing information pursuant to this
section may, ,at the time of submission, identify a portion
of the information as a trade secret, and shall support the
claim of a trade secret upon the written request of the
state board. Subject to Section 1060 of the Evidence
Code, information supplied which is a trade secret, as
specified in Section 6254.7 of the Government Code, and
which is so marked at the time of submission, shall not be
released to any member of the public. This section does
not prohibit the exchange of properly designated trade
secrets between public agencies when those trade secrets .
are relevant and necessary to the exercise of their
jurisdiction. The public agencies exchanging those trade
secrets shall preserve the protections granted that
information by this section.
(c) Any information not identified as a trade secret
shall 'be available to the public unless exempted from
disclosure by other provisions of law. The fact that
information is claimed to be a trade secret is public
information. Upon receipt of a request for the release of
information which has been claimed to be a trade secret,
the state board or district board, as the case may be, shall
immediately notify the person who submitted the
information, and shall determine whether or not the
information constitutes a trade secret, 'as specified in
Section 6254.7 of the Government Code. The state board
or district board shall make its determination within 60
days after receiving the request for disclosure, but not
before 30 days following the notification of the person
SB 231
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who submitted the information. If the state board or
district board decides that the information is not a trade
secret, it shall provide the person who submitted the
information 10 days' notice prior to public disclosure of
the information.
44407. (a) Whenever the state board determines that
any person has violated, or is in violation-of this chapter,
or any permit, rule, regulation, standard, or requirement
issued or adopted pursuant to this chapter, the state
board may issue an order or proposed order for
compliance.
(b) Any person subject to an order for compliance
issued pursuant to subdivision (a) who does not comply
with that order shall be subject to a civil penalty of not
more than twenty -five thousand dollars ($25,000) for
each day of noncompliance.
(c) Any person who negligently violates, or
negligently causes the violation, of any requirement of
this chapter, is liable for a civil penalty of not more than
twelve thousand five hundred dollars ($12,500) for each
separate violation, or for continuing violations, for each
day the violation continues.
(d) Any person who intentionally violates, or
intentionally causes the violation; of any requirement of
this chapter, is liable for a civil penalty of not more than
twenty -five thousand dollars ($25,000) for each separate
violation or, for continuing violations, for each day the
violation continues.
(e) Any person who knowingly and willfully violates
this chapter, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter,
is guilty of a public offense and, upon conviction, shall be
punished by imprisonment in the county jail for not more
than one year, or by imprisonment in the state prison for
16, 24, or 36 months.
(1) The court shall also impose upon a person
convicted of a violation pursuant to subdivision -(.d} (e)
a fine of not less than five thousand dollars ($5,000) or
more than one hundred thousand dollars ($100,000) for
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. .
—13— SB 231
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each day of violation.
2
44408. Commencing July 1, 1993, and every other year
3
thereafter, the state board, shall prepare and submit to
4
the Governor and the Legislature a report on the state
5
board's program in carrying out this chapter. This report
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shall include, but not be limited to, all of the following
information:
8
(a) A summary' of the state board's evaluations and
9
recommendations for regulatory actions pursuant to
10
subdivision (f) of Section 44403.
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(b) A summary of the Environmental and Technical
12
Assessment Advisory Committee's activities, including
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the findings submitted pursuant to subdivision (h) of
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Section 44403.
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(c) A summary of all regulatory actions taken by the
16
state board pursuant to subdivision (b) of Section 44404.
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(d) An evaluation of the reduction of CFC emissions
18
in the state since the inception of the program pursuant
19
to this chapter.
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(e) A summary of the state board's activities
undertaken pursuant to Section 44406.
22
(f) Recommendations for legislation.
23
44409. (a) Beginning on July 1, 1990, and every year
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thereafter, the state board shall adopt a schedule of four
digit SIC codes, as established by the United States
Department of Commerce, that consists of
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establishments that handle CFCs in this state for the
applications listed under subdivision (a) of Section 44403.
29
(b) The state board shall establish a schedule of fees to
30
be paid to the state board by each establishment
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identified in the schedule adopted pursuant to
subdivision (a), which shall provide revenues which shall
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not exceed the amount necessary for, but shall be
sufficient to cover costs incurred in, the administration of
35
this part and to provide a 5 percent operating reserve.
36
For the first year, the annual fee shall be set at fifty dollars
37
($50).
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(c) The schedule of fees established pursuant to
subdivision. (b) shall be increased or decreased as
necessary to cover the costs of administering this part, ffet
SB 231
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to including full repayment of the initial costs . of
implementing this chapter, but shall not exceed five
million dollars ($5,000,000) per year.
(d) The fee imposed pursuant to this section shall be
deposited in the Ozone Depletion Control Account
which is hereby created in the General Fund. The
revenues shall be available, upon appropriation by the
Legislature, to cover the costs of implementing this part.
(e) For purposes of this section, the following
definitions apply:
(1) "Handle" means to manufacture, distribute, store,
or use CFCs in excess of 100 pounds per year.
(2) "SIC code" means the identification number
assigned by the Standard Industrial Classification Code to
specific types of businesses.
44409.5.. Nothing in this pfwk preempts a eit� , eery,
ef eity a� eeeet � reg� GF� if the
regttla6ens are deter-mifted to be eaftsistent h state
pahey on GFGs as deter... iftea by the state be�L
44409.5. Notwithstanding any other provision of this
part, a city, county, or city and gountyshall retain existing
authority to regulate CFC emissions, if the regulations
are determined by the state board to be consistent with
its regulations for the same product and for the same use
of that product: However, nothing in this part is intended
to preempt actions taken by a city, county, or city and
county prior to January 1, 1990.
CHAPTER 2. INVENTORY
44410. (a) On or before January 1, 1991, the state
board shall inventory sources of gases within California
that potentially contribute to the depletion of
stratospheric ozone, and shall determine the kinds,
quantities, and sources of those gases. The state board
shall use, to the fullest extent, existing data to fulfill this
purpose.
(b) The state
produces, uses,
containing these
board may require any person who
or emits these gases or products
gases, or who sells products containing
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—15— SB 231
these gases for use in California, to submit information to
develop and maintain the inventory. The state board may
issue subpoenas to obtain the information in accordance
with Article 2 (commencing with Section 11180) of
Chapter 1 of Division 3 of Title 2 of the Government
Code.
(c) The state board may contract for the completion of
studies to provide information on the emissions and
potential emission of small and area sources, as needed..
(d) Any person providing information pursuant to this
section may, at the time of submission, identify all or a
portion of the information as a trade secret and shall
support the claim of a trade secret.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs which may be
incurred by a local agency or school district will be
incurred because this act creates a new crime ' or
infraction, changes the definition of a crime or infraction,
changes the penalty for a crime or infraction, or
eliminates a crime or infraction. Notwithstanding Section
17580 of the Government Code, unless otherwise
specified in this act, the provisions of this act shall become
operative on the same date that the act takes effect
pursuant to the California Constitution.
C
-MAYOR
1 N.wo...hvr tf.. t•ar.�
ALBERT PRIETO
r MAYOR PRO TEM
COUriCll /
Honorable Membe of the City ROGER BEAULIEU /
City of Moorpark CLINT HARPER
California JERRY STRAUGHAN
Develo men' Plan No. DP -296 - Metal Bellows Cor .)
subject permit on
Commission reviewed thAfteb] receiving public and
The Planning 1983• 4 to 0
October 25, and November 8,
the Planning Commission ourCouncilithatlthe permit
staff testimony, recommends y
with 1 abstention)
be approved. applicant
1983, testimony was received from the
On October 25, After a detailed discussion by the
and his representatives.
n the item was continued innodrdhe handling, storage or-
Commissio set, a
mation regarding the risk of upset,
and disposal of chemicals and hazardous materials• the requested
On November 8, 1983, staff and the applicant provided
'on to the Commission. Following a discussianmotionthe
information applicant and his representatives,
project with the app rove the permit with two
was made by Commissioner Miller to app
additional conditions: waste
1, That the pret reatment and clarification of sewage
be provided.
plans provide for a 50% shade
2. That the final landscape k reas.
coverage within all parking
The motion was
seconded by Commissioner Prieto ue nd his sabsence oatly
approved with SCometingner Weak abstaining
the October 25,
RECOMMENDED ACTION significant
Find that the proposed project will not have a -
1• completed in com
effect on the environment andchasibeen comphe attached er,
of Negative Declaration Mitigated Neg and State EIR Guidelines issued thereun
pliance with CEQA has reviewed and considered the information
and that this body Mitigated Negative Declaration; and
contained in the Mitig rove Development Plan
the proposed findings and a
2. Adopt pp
No. DP -296 subject to the attached staff and Planning
Commission conditions.
Niall Fritz
City Manager /Director of
Community Development
DISCUSSION OF ENVIRONMENTAL IMPACTS
AND PROPOSED MITIGATION MEASURES FOR
DEVELOPMENT PLAN NO. DP -296
PROJECT DESCRIPTION
Construction of a 112,000 square foot industrial
meta factoring building.
The manufacturing process uses various types
and welded to make thecleaninglsolutions, nitric sacid, eacetone land
the use of diluted alkaline V New Los Angeles Avenue, east of the
alcohol. The project is located alona
Arroyo Simi in the City of Moorpark, APN 512- 15 -57.
ENVIRONMENTAL IMPACTS
Upset and Human Health: This project will use a
Items 23 and 24 - Risk of Up potential hazard to human health if
variety of substances which could pose a p
The
improper use, storage, transportation, and disposal methods iare used.
these
mitigation measures listed below will reduce the potential
substances to an insignificant level.
Mitigation Measures:
1. That the disposal of all potentially hazardous waste, including wastewater
pre- treatment sludges, shall be by a means approved by the Ventura County
Environmental Health Division.
2. That the storage of all potentially hazardous materials and wastes shall
vention Bureau and
be in a manner approved by the Ventura County Fire Pre
Environmental Health Division.
M11,
lant
OK from council
By Debi Ryono
The Enterprise Staff
Plans to build a Metal Bellows
Corp. plant that will employ about
250 persons won the overwhelming
support of the Moorpark City
Council Wednesday night.
In another issue, the council
postponed a decision on plans to
construct an industrial laundry
firm, Prudential Overall Supply Co.
Construction for Metal Bellows in
the Moorpark Research and
Technology Center will begin as
soon as possible with completion
scheduled for July 1. The company
makes more than a thousand parts
that are used in the space shuttle.
The firm's components also are
used on every plane and jet in the
rugs and similar items. Although
Les Kovacs, manager of Water
Works District 1, assured the
council that the water and sewer
demands of the plant could be
handled, the council was concerned
that earlier this year Simi Valley
turned down the company's request
to build a plant there.
"I cannot tell you what they
would be putting into the system,
but I can tell you what they would
not put into it," Kovacs said, adding
that law precludes the dumping of a
variety of chemicals and metals
into sewers.
Regular checks would be made of
the waste water from the laundry to
ensure that guidelines were being
followed, and Prudential Overall
free world, said Jim Solheim, MBC
vice president.
Although the high- technology
firm will employ about 250 workers
when it moves its operations from
Chatsworth to Moorpark, that
number could double within a few
years. More than 50 percent of the
jobs at the plant will be entry-level,
minimum -skill positions. The
company will have in -house train-
ing so workers could be promoted.
Twenty -four percent of the jobs will
be for maintenance and clerical
jobs.
"We're not just a think tank,"
Solheim told the council. "We're a
high -tech company, but we use very
low skills to very high skills."
Solheim assuaged environmental
spokesmen insisted the firm would
follow all regulations.
Company president Don Clark,
who flew in from Dallas for the
Moorpark meeting, told the council
that the firm is compatible with the
high - technology industries that
some councilmembers have in-
dicated they want for the city.
Prudential Overall has a plant in an
Irvine industrial park next to the
Fluor Corp. and Allergan
Pharmaceuticals, Clark said.
High -tech industries need laundry
facilities, especially if they have
"clean rooms" which must be lint
and dust free, he continued, adding
that his firm had pioneered laundry
systems for that type of need.
On a 4 -1 vote, the council
postponed a decision until it can
concerns of the council by explain-
ing that the company will have a
system of checks and balances to
prevent any of the small amounts of !
chemicals used in the manufactur-
ing of the metal parts from spilling
or entering the sewer system.
"We want to become part of this
community. We're also concerned
with the environment," he said.
Prudential Overall Supply Co.,
which also sought building approval
at Wednesday's meeting, fared less
well than MBC. i
The council postponed a decision
on the laundry until its next meet-
ing, Dec. 7.
Prudential Overall would use up
to 100,000 gallons of water daily for I
the cleaning of dust mops, runner
learn the details of Simi Valley's
decision against the company and
to allow the firm's architect time to
make changes in the facade of the
building. Councilmembers want
changes in the design to enhance
the 260 -foot, front of the plant, which
would face Gabbert Road.
Mayor Leta Yancy- Sutton voted
against the postponement because
she did not agree with all the
architectural changes suggested.
Prudential Overall would supply
at least 50 low -skill jobs when it
opened, and could expand to up to
150 positions.
"This would be a state -of- the -art
plant," Clark told the council.
"People come from Europe and
Japan to see our plants, and the
Moorpark plant will be a model."
20
LS �
ATTACHMENT B.1
COUNTY OF VENTURA
AIR POLLUTION CONTROL DISTRICT
Permit Application Package
The equipment or facility which you operate or plan to install or
operate may require permit(s) from the Air Pollution Control District
(APCD). Rule 10.A of the APCD Rules and Regulations requires that
persons planning to install or build any equipment or facility that may
emit air contaminants or any person planning to modify or replace any
equipment or facility which may alter the issuance of air contaminants
shall apply for and obtain an APCD Authority to Construct prior to
construction of such equipment. Rule 10.B requires that persons
:roperating any such facility must apply for and receive an APCD Permit
Operate prior to operation of any such facility. Failure to obtain
;,.the necessary permits may result in penalty fees.•(Rule 42.H) and /or
civil penalties (California Health and Safety Code Section 42402).
If an APCD permit is required for your proposed or existing facility,
please complete the enclosed forms. Instructions are printed on each
form. Submit all necessary forms and other such data as may be needed
with the required filing fee. The filing fee for an Authority to
Construct is $350.00. Additionally, certain projects listed in Rule
42, Section C, require a $2,000 deposit at the time of submitting the
application. Permit processing-fees which are required will be billed
to you upon completion of the District's review of your application.
Certain other supplemental and renewal fees may also be billed to you
prior to the issuance of your Authority to Construct and /or Permit to
Operate. After construction of your project is complete, an
application for Permit to Operate must be submitted to the APCD with a
filing fee of $350.00. Make checks payabFe to the Ventura County APCD.
This packet contains:
R 1. Application Form - For Permits to Operate, the second copy of
the form will be returned, dated and affixed with a file
pumber, to serve as a temporary operating permit until such
time as the Permit to Operate is issued or the application is
F denied.
2. Emissions Summary Sheet - When complete, this form will show
the change -in emissions from the new or modified source and
the total-source emissions after modification. This form
will be used by District staff as an indicator of the level
of New Source Review required to process the application and
may be used as a basis for reserving emission allocations of
ROC and /or NOx.
3. Rules Compliance Summary - When complete, this form will show
compliance with all applicable District prohibition rules
(Regulation IV).
4• Equipment Summary and Billing Form (submit 2 copies) - A copy
of this form will be returned as a billing statement
(Regulation III) for permit processing fees due.
Z)
Page 2
5. Certification of Statewide Compliance Form (Rule 26.1) - This
form is required to be submitted when the new or modified
source to be affected by the application is subject to Rule
26.1 (i.e., 25 tons, or more, per year of ROC, NOa or PM).
X 6. Plot Plan Form - This form is provided for your convenience.
Although this form is not mandatory, a plot plan must be
submitted. A plot plan should show the location of the
project relative to known landmarks (i.e., major roads,
street intersections and other businesses). For projects
located in rural areas, a portion of a USGS quadrangle map
._... may be useful. The plot -plan should also show the location
of .the new or modified source relative;to the property lines,
ands other structures or equipment. Two or more separate
sketches may be required. A plot plan becomes a permanent
part of the permit file, therefore, 8-1/2" x 11" is the
preferred size, if the required information can be shown on
that size.
7. Crude Oil Production Facility Supplemental ADDlication - To
be used for adding new oil wells. When completed, this form
may substitute for the Rules Compliance Summary.
8. Gasoline Storage and Vapor Control Form - When completed,
this form will be used for billing of permit processing fees
and will show compliance with Rule 26.2, New Source Review,
and Rule 70, Storage and Transfer of Gasoline.
9. Dry Cleaner's Supplementary Form - To be used for adding new
dry cleaning equipment. When completed, this form may
substitute for the Rules Compliance Summary.
T-he applicant will be notified in writing within 30 days of receipt of
"; "• any application whether such application is complete. In the event an
application is deemed incomplete, the-applicant will be notified of
those parts of the application which are incomplete and the manner in
Which they can be -made complete (Rule 25). Applications will be
approved or disapproved within 180 days of the date on which they have
been determined complete. After approval of the application, payment
of all fees, and indication or verification of compliance, a permit
will be issued.
You may find it necessary or helpful to purchase a copy of the
District's Rules and Regulations. To do so, contact the District's
Engineering Section.
Should you have any questions or wish to purchase a copy of the Rules
and Regulations, please contact the Engineering Section at (S05)
654 -2801.
KDAPP /lw
ZZ
COUNTY OF VENTURA
AIR POLLUTION CONTROL DISTRICT
Rules ADolicable to Various Industries /Processes
ASR d PSD PROHIBITIONS—
Regulation II Regulation IV
Process 26.1 26.2 26.3 50 51 52 53 54 57 59 60 61 62 64 66 68 70 71 72 74
Organic Solvents
Paint Spraying x z o z x x z z
Paint Baking z z z z x x z z
i':?-Degreasing V' - - - z x o z z z z
Paper /Fabric/
Film Coating 2 z o z z z z z
Fiberglaasing x' z o z x x x
Dry Cleaning z o z z
Resin Manufacture z z o z x z z x x x z x
Oil d Gas Prod. z z x z x T x x z x z z x
Refining z z z z z z z x x x z x z z x z
Mineral Products
Sand d Gravel z x o z x x z
Asphalt Batching z x x z z x x x' x x x x z z
Concrete Hatching x z o z x z z
Sand Blasting z x o x z x x z
Aggregate Process. z x o z x z z
Food Processors z x x x z x x x x x x x
External Combustion x x x x x x x z x z x
Internal Combustion z x z x z x x z x x
Incinerators x x x x x z x z x x x x z
Gasoline Dispensing
Service Stns. z o x
Bulk Plants z z o z
Terminals z z o z
;I ;
For Rules 26.1, 26.2 and 26.3 (NSR /PSD), 'x' denotes applicability in
the South Zone and 'o' denotes applicability in the North Zone.
The above matrix is provided as guidance to aid applicants and the
4� general public in determining the applicability of APCD rules to
various industriesr and /or processes. This chart does not denote
:y ^ absolute requirements. All rules shown may not be applicable to the
industry or process shown due to emission rate thresholds (i.e.,
HSR /PSD) or equipment size limitations (i.e., storage tank size
exemptions). Conversely, more rules may be applicable than shown
above.
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2-3
ATTACHMENT B . 2
March 30, 1988
TO ALL UNDERGROUND TANK REMOVAL CONTRACTORS
SUBJECT: HANDLING OF CONTAMINATED SOIL AT UNDERGROUND TANK
ABANDONMENTS AND REPLACEMENTS
The VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT is distributing
this advisory to inform you about the District's requirements
regarding the handling of soil contaminated with volatile organic
compounds (VOC's), which may be encountered when underground
storage tanks are replaced and /or removed. Certain activities
performed in conjunction with tank excavations involving VOC
contaminated soil require a permit from, or are otherwise
regulated by, the APCD.
BEFORE commencing underground tank or contaminated soil
excavations, the facility owner /operator and /or
contractor /consultant is urged to consult with the District's
Engineering staff on the District's requirements.
EXCAVATION SITE SCREENING
The District requires that early in the tank or soil excavation, a
determination be made regarding the extent of soil hydrocarbon
contamination. There are two methods which may be used to
determine VOC contamination during excavation - -field vapor
screening and laboratory soil analysis.
1. Field vapor screening consists of sampling air at the surface
of or within the excavated soil. Sampling may be conducted
using a properly calibrated OVA or TLV instrument, or a field
chromatagraph (PID or FID detector) for identification of
hydrocarbon compounds and an HNu instrument for
quantification of hydrocarbon concentrations.
Field screening test procedures should quantify the
hydrocarbon concentrations of vapors emitted from the
excavated soil. If field screening is performed to
characterize the degree of contamination, the results of the
screening shall be documented and reported to the District
within 24 hours after commencement of soil excavation. A
completed APCD Contaminated Soil Inspection Form may be used
to satisfy this requirement. If a soil aeration permit is to
be pursued, soil sample(s) should be taken at this time in
accordance with the procedures for sampling and analysis
below. A laboratory test report must be submitted within one
week after commencement of soil excavation.
2. Laboratory soil analysis consists of taking samples of soil
during excavation using sampling procedures specified by the
Ventura County - Environmental Health Department and /or the
Regional Water Quality Control Board. Total petroleum ,
hydrocarbon soil contamination shall be determined by EPA
Test Method 8015 and reported to the District within 24 hours
after commencement of soil excavation via a copy of the
laboratory report.
✓6 '
If field vapor screening shows a concentration of hydrocarbons in
the vapors emitted from the soil in excess of 50 ppm by volume (as
methane) or laboratory analyses show soil contamination of 50 ppm
by weight of total petroleum hydrocarbons or greater, APCD permit
requirements are triggered. Below these levels, there are no
District permitting requirements for soil handling. However, an
odor nuisance, as defined in California Health & Safety Code
Section 41700 and District Rule 51, shall not be created.
One of the following actions must be taken within 24 hours after
commencement of excavation of soil contaminated in excess of the
APCD's action levels:
1. A permit to aerate the contaminated soil on -site may be
applied for. Attached is a copy of the "Contaminated Soil
Aeration Permit Application" package, including the
Supplementary Information Form for Aeration of Contaminated
Soil and the Contaminated Soil Inspection Form. The enclosed.
package outlines the information and the fees required with
the application and typical limitations on aeration which may
be applied. If field vapor screening was used to determine
the presence of contaminated soil, a laboratory soil sample
analysis must be submitted to the District within seven days
after the appliction is submitted. A temporary permit will
be issued to cover the period between application submittal
and sample analysis. The conditions on any soil aeration
permit ultimately issued may vary from those placed on the
temporary permit. Note that uncontainerized or uncovered
contaminated soil stockpiling cannot be distinguished from
soil aeration.
2. The contaminated soil
and disposed of in an
3. The contaminated soil
upon excavation and a,
emissions to the air.
may be removed from the excavation site
approved manner.
may be placed in containers immediately
lequately'covered to prevent VOC
4. The contaminated soil may be left in the ground, adequately
covered, and be treated by in situ vacuum extraction. Prior
to initiating construction of such a system, an APCD
Authority to Construct shall be obtained.
5. The excavated contaminated soil may be treated to remove
and /or destroy the VOC contamination in soil by any other
process approved by the District. If an alternate treatment
is to be used, the District must be contacted in advance.
.Use of an alternate treatment may require District Permits.
Should you have any questions, please contact the District's
Engineering Section-at (805) 654 -2801.
ttsoil
z5
Ventura
County
Air GASOLINE STORAGE AND VAPOR RECOVERY SUMMARY FORM
Pollution
Control APCD use only
District Application No.
COMPLETE BOTH SIDES
Company Name:
Mailing Address:
Facility Name:
Location:
Retail Non - retail
Operating Schedule: Hours /day Days /week weeks /year
This Application is for: (Check All That Apply)
• New Facility - Complete Sections II, III, IV, V, VI, VII
• Modification to Tanks at an Existing Facility - Complete Sections
I, II, VII
• Modification to Vapor Recovery System(s) - Complete Sections I,
IV, V, VI, VII
• Change in Gasoline Throughput - Complete Sections III, VII
I. DESCRIBE THE MODIFICATIONS TO THE FACILITY:
II. TANK INFORMATION:
Tank No.
Tank Capacity
Gallons
Fill Pipe*
Distance
Throughput
(Gal/ r)
1
2
3
4
5
6
*Distance from the bottom of the fillpipe to the bottom of the tank
III. THROUGHPUT INFORMATION:
1. Maximum Annual Throughput Over Last Five Years:
2. Requested Annual Throughput for Balance of Renewal Period:
NOTE: This figure will be used as a basis for the Permitted Emissions
calculations and will be made a Permit condition, so please ensure
that it is acceptable.
(OVER)
(July X87)
Check Items Below Which Describe Your Facility:
IV. PHASE I CONTROL SYSTEMS:
1. OPW - Two Pipe System, 4. OPW Y - Type 2 (G -70 -6)
OPW - Coaxial, or 5. Texaco (G- 70 -20)
Emco Wheaton - Coaxial (G- 70 -97 -A) 6. Other (specify)
2. OPW - Teed (G- 70 -9 -A) 7. Submerged Fillpipe Only
3. Parker - Coaxial (G -70 -5)
V. PHASE II CONTROL SYSTEMS:
1. Hasstech (G- 70 -7 -AA)
2. Red Jacket (G- 70- 14 -AA)
3. Balance - EW (G- 70- 17 -AB)
4. Exxon (G- 70- 23 -AA)
5. Arco (G- 70- 25 -AA)
6. Hirt (G- 70- 33 -AB)
7. Balance - OPW (G- 70- 36 -AB)
VI. DISPENSER INFORMATION:
1. Number of Nozzles:
8. Texaco (G- 70- 38 -AA)
9. Mobil (G- 70- 48 -AA)
10.Union (G- 70- 49 -AA)
ll.Chevron (G- 70- 53 -AA)
T12.Healy (G- 70- 70 -AA)
13.Other (specify) _
2. Number of Dispensers:
3. Describe the following (manufacturer and model) if applicable:
Nozzles: Vapor Check Valve:
High Retractor Dispenser: Swivels:
High Hang Hose: Retractor Swivels:
Coaxial Hose Assembly: Flow Limiter:
Liquid Removal System: Recirculation Trap:
4. Hose Configurations - Check the Exhibit No. (refer to Ex Ord G- 70- 52 -AI)
which describes your facility (Balance, Red Jacket and Hirt systems only):
Exhibit 4 - Twin Hose Sidemount High - Retractor(existing dispensers only)
Exhibit 5 - Coaxial Hose Sidemount High- Retractor
Exhibit 6 - Twin and Coaxial Hose Dispenser -Mount High Retractor(twin
hose on existing dispensers only)
Exhibit 7 - Twin Hose Dispenser -Mount High- Retractor(existing dispensers
only)
Exhibit 8 - High- Retractor Dispenser- Coaxial Hose
Exhibit 9 - High -Hang Coaxial Hose with Retractor
Exhibit 10- High -Hang Coaxial Hose with Liquid Removal System
VII.GASOLINE SUPPLIERS:
1. Source Outside County
2. Chevron - Pinto - Ventura (0675)
3. Chevron - Pinto - Camarillo (0875)
4. Shell - Looman (0882)
5. Shell -Clark -Santa Paula (0862)
6. Shell - Clark- Moorpark(0863)
7. Silvas Oil Co. (0547)
8. McCaslin Oil Co. (0552)
9. Bob Smith Oil Co. (0735)
10.Valley Fuel Supply (0853)
11.Somis Supply (0874)
I hereby certify the above information and the attached specifications to be
true of the facility described.
Signature of Application Preparer: natP-
Signature of Responsible Person: -
Title:
Date:
. r GASOLINE DISPENSING FACILITY BILLING SUMMARY FORM
(File In Duplicate)
(Please Print Or Type)
Bill to be sent to:
Company Name:
Mailing Address:
City: State Zip
Attn:
Facility:
Location:
Date:
App. No.
2(;;9
App. No..
Signature:
This is the net amount due for your Air Pollution Control District Authority
to Construct and /or Permit to Operate. Please return your remittance within
60 days and make your check payable to Ventura County Air Pollution Control
District. If the fees are not paid within 60 days, the application will be
cancelled (APCD Rule 42.B). Indicate your application number on the face of
the check.
(July '87)
PCD use onl
sched
fee
Number of Underground Gasoline Tanks Being Installed
Are Vapor Recovery Systems Being Changed, Replaced, des
Extended or Installed? _no
Will Pressure Drop Test be Required? _des
(Required for New or Modified Phase II VRS) _no
Filing Fee
$350.
Total Fees Due
Fees Paid receipt #
FEES DUE (PAY THIS AMOUNT)
$
App. No..
Signature:
This is the net amount due for your Air Pollution Control District Authority
to Construct and /or Permit to Operate. Please return your remittance within
60 days and make your check payable to Ventura County Air Pollution Control
District. If the fees are not paid within 60 days, the application will be
cancelled (APCD Rule 42.B). Indicate your application number on the face of
the check.
(July '87)
GASOLINE DISPENSING FACILITY BILLING SUMMARY FORM
(File In Duplicate)
(Please Print Or Type)
Bill to be sent to:
Company Name:
Mailing Address:
City: State
Attn:
Facility:
Location:
Zip,
Date:
App. No.
App. No..
Signature:
This is the net amount due for your Air Pollution Control District Authority
to Construct and /or Permit to Operate. Please return your remittance within
60 days and make your check payable to Ventura County Air Pollution Control
District. If the fees are not paid within 60 days, the application will be
cancelled (APCD Rule 42.B). Indicate your application number on the face of
the check.
(July '87)
PCD use onl
sched
fee
Number of Underground Gasoline Tanks Being Installed
Are Vapor Recovery Systems Being Changed, Replaced, fires
Extended or Installed? _no
Will Pressure Drop Test be Required? _yes
(Required for New or Modified Phase II VRS) _no
Filing Fee
$350.
Total Fees Due
Fees Paid receipt #
FEES DUE (PAY THIS AMOUNT)
$
App. No..
Signature:
This is the net amount due for your Air Pollution Control District Authority
to Construct and /or Permit to Operate. Please return your remittance within
60 days and make your check payable to Ventura County Air Pollution Control
District. If the fees are not paid within 60 days, the application will be
cancelled (APCD Rule 42.B). Indicate your application number on the face of
the check.
(July '87)
J
ATTACHMENT B.3
Rule 23. Exemptions from Permit (Adopted 10/22/68, Revised 5/23/72,
7/18/72, 8/26/74, 3/9/76, 6/14/77, 1/17/78, 6/20/78, 11/21/78, 6/17/80,
�\ 5/5/81, 7/2/85, 10/21/86)
The following operations, equipment or emission sources are exempt from
requiring a permit, but must comply with emission standards and prohibitions
except as exempted in Rule 55. The applicant shall provide calculations
and /or operational data as necessary to substantiate any exemptions which
apply to the subject facility and as may be required by the District to
substantiate such exemption.
A. Burning, Incineration, Smoke
1. Open outdoor fires used only for recreational purposes, heating or
occasional cooking of food for human consumption, where such use
is accomplished in a fireplace or barbeque pit.
2. Smoke generators which are intentionally operated for purposes of
training observers in observing the shade or opacity of emissions.
3. Acceptable incinerators used exclusively in connection with any
structure designed and used exclusively as a residential dwelling
for not more than four (4) families. (Revised 5/23/72)
4. Safety flares exclusively used for emergency standby for the
disposal of process gases in the event of unavoidable process
upsets. (Adopted 6 /14/77)
B. Dust
1. Material stock piles.
2. Blasting with explosives.
3. Mobile equipment which is used solely for the movement of solid
materials. (Revised 5/23/72)
4. Equipment used for buffing (except automatic or semi - automatic
tire buffers), polishing, carving, cutting, drilling, machining,
routing, sanding, sawing, surface grinding or turning of ceramic
artwork, ceramic precision parts, leather, metals, plastics,
rubber, fiberboard, masonry, carbon or graphite.
5. Equipment used for carving, cutting, drilling, surface grinding,
planing, routing, sanding, sawing, shredding, or turning of wood
or paper, or the pressing or storing of sawdust, wood chips or
wood shavings.
6. Blast cleaning equipment using a suspension of abrasives in water.
7. Abrasive blast cabinet -dust filter integral combination units
where the total internal volume of the blast section is 50 cubic
feet or less.
E8. Batch mixers of 5 cubic feet rated working capacity or less. RE cu v ea_
9. Tumblers used for the cleaning or deburring of metal products JAN 1 7 f989
COUNTY OF VENTURA City of Moor ,,
12/86 AIR POLLUTION CONTROL DISTRICT RULE 23: 1 PV kg'l
800 SO. VICTORIA AVENUE
Vm .rri m A /- A MnRO
COUNTY OF VENTURA
AIR POLLUTION CONTROL DISTRICT
800 SO. VICTORIA AVENUE
VENTURA, CA 93009
without abrasive blasting.
10. Lint traps used exclusively in conjunction with dry cleaning
tumblers.
11. Laundry dryers, extractors or tumblers used for fabrics cleaned
only with water solutions of bleach or detergents.
C. Heaters, Boilers
1. Space heating and heat transfer equipment rated at less than one
million BTU /s per hour. (Revised 6/14/77)
2. Equipment used exclusively for steam cleaning.
3. Natural draft hoods, natural draft stacks or natural draft
ventilators.
D. Vehicles, Engines
1'. Aircraft and vehicles as defined by the Vehicle Code of the State
of California, and the filling of fuel tanks attached to such
equipment but not including any equipment mounted on such vehicle
that would otherwise come under the jurisdiction of these Rules
and Regulations.
2. Vehicles used to transport passengers or freight.
3. Self- powered vehicular-mounted concrete mixing units.
4. Internal combustion engines and turbines used exclusively for
frost protection or emergency service. (Revised 6/19/80)
5. Piston driven internal combustion engines used on oil drilling or
work -over rigs, for driving air pumps at sewage treatment
facilities, or for driving irrigation pumps. (Adopted 6/20/78,
Revised 5/5/81 )
6. tnternal combustion engines having a maximum design power rating
of less than 50 brake horsepower. (Adopted 6/20/78, Revised
7/2/85)
7. Piston driven internal combustion engines which are operated less
than 200 hours per year, and which are used only to provide
emergency electrical power or for emergency pumping of water.
E. Food Preparation, Processing, Household
1. Equipment used in connection with any structure designed and used
exclusively as a residential dwelling.
12/86
2. Equipment and processing plant equipment used exclusively and
directly for the purpose of preparing food for human consumption
RULE 23: 2
0
z1�
where no organic solvents are used.
3. Vacuum cleaning systems used exclusively for industrial,
commercial, institutional or residential housekeeping purposes.
4. Comfort air conditioning or ventilating systems which are not
designed to remove air contaminants generated by or released from
specific units of equipment.
5. Refrigeration units except those used as, or in conjunction with,
air pollution control operations.
F. Gaseous Reactive Organic Compound Emissions
1. Storage in or loading into any tank having a capacity of 1500
gallons or less which is equipped with a submerged fill pipe.
(Revised 6/14/77)
2. Equipment for loading and storing of a reactive organic compound
liquid into any stationary storage tank having a capability of
holding 250 gallons or less. (Revised 5/23/72)
3. Equipment for loading of reactive organic compound liquid into
transportable containers of 100 gallons or less.
C 4. Equipment for loading of a maximum of 500 allons
g per calendar day
or less of reactive organic compound liquid into transportable
containers.
5. Containers for the storage of unheated asphalt. (Revised 5/23/72)
6. Unheated solvent dispensing containers, unheated non - conveyorized
solvent rinsing containers, or unheated non - conveyorized coating
dip tank of 100 gallons capacity or less.
7. Equipment for melting and applying coatings of oils, waxes,
greases, resins, and like substances where no reactive organic
solvents, diluents or thinners are used.
S. Equipment used exclusively for the manufacture of water emulsions
,of asphalt, greases, oils or waxes or the manufacture of
waterbased adhesives or waterbased paints.
9. Equipment used to compress, store, liquefy or separate gases from
the air or to compress or store natural hydrocarbon gases, other
than engines. (Revised 5/23/72)
10. Equipment used exclusively to mill or grind coatings and molding
compounds where all materials charged are in a paste form.
COUNTY OF VENTURA
AIR POLLUTION CONTROL DISTRICT
12/86 800 SO. VICTORIA AVENUE RULE 23: 3
VENTURA, CA 93009
a
COUNTY OF VENTURA
AIR pOLLUTION CONTROL DISTRICT
600 SO. VICTORIA AVENUR
WNTURA, CA 93009
11. Surface coating operations using not more than four gallons of
paint, varnish, laquer, thinner and other solvent containing
materials in any one day and not more than one gallon per hour.
(Adopted 6/14/77)
12. Any tank or container which is used to hold or store reactive
organic compound liquids, except gasoline and crude oil, and which
is not required to have reactive organic compound vapor emission
controls.
G. Experimental Operations
Bench scale experimental or research operations and equipment used
exclusively for investigation, experimentation or research to advance
the state of air pollution control knowledge or to improve techniques,
provided however, the Air Pollution Control Officer has given express
prior approval which shall include limitation of time. (Revised
5/23/72)
H. Plastics and Rubber
1.
Presses used for the curing of
rubbber products and plastic
products.
2.
Ovens used exclusively for the
curing of plastics which are
concurrently being vacuum held
to a mold or for the softening or
annealing of plastics.
3.
Equipment used for compression
molding or injection molding of
plastics.
4.
Mixers for rubber or plastics where no material in powder form is
added and no organic solvents,
diluents or thinners are used.
5.
Ovens used exclusively for the
curing of vinyl plastisols by the
closed mold curing process.
6.
Roll mills or calender for rubber or plastics where no organic
solvents, diluents or thinners
are used.
7.
Ovens used exclusively for curing potting materials or castings
made with epoxy resins.
8.
Equipment used exclusively for
conveying and storing plastic
pellets.
I. Metals and Ceramics
1. Porcelain enameling furnaces, porcelain enameling drying ovens,
vitreous enameling furnaces or vitreous enameling drying ovens of
one million BTU /s per hour or less heat input. (Revised 5/23/72)
2. Kilns used for firing ceramic ware of one million BTU /s per hour
12/86 RULE 23: 4
t\
or less heat input. (Revised 6/14/77)
3. Equipment used exclusively for heat treating or sintering glass or
metals or for case hardening metals of one million BTU /s per hour
or less heat input. (Revised 5/23/72)
4. Presses used exclusively for extruding metals, minerals, plastics
or wood where no heat is applied. (Revised 5/23/72)
5. Equipment used for hydraulic or hydrostatic testing.
6. Equipment used for inspection of metal products.
7. Brazing,' soldering or welding equipment.
8. Molds used for the casting of metals.
9. Equipment using dilute aqueous solutions for surface preparation,
cleaning, stripping, etching (does not include chemical milling)
or the electrolytic plating, electrolytic polishing or the
electrolytic stripping of brass, bronze, cadmium, copper, iron,
lead, nickel, tin, and zinc. (Revised 5/23/72)
10. Equipment used for washing or drying products fabricated from
metal or glass, provided that no volatile organic materials are
used in the process and that no oil or solid fuel is burned.
11. Crucible furnaces, pot furnaces, or induction furnaces, with a
capacity of 1000 pounds or less each with fail -safe temperature
controllers preventing vapor boil -off, in which no sweating or
distilling is conducted and from which only the following metals
are poured or in which only the following metals are held in a
molten state (Revised 5/23/72):
a. Aluminum or any alloy containing over 50 percent aluminum.
b. Magnesium or any alloy containing over 50 percent magnesium.
c. Lead or any alloy containing over 50 percent lead.
d. Tin or any alloy containing over 50 percent tin.
e. Zinc or any alloy containing over 50 percent zinc.
f. Copper
g. Precious metals
12. Crucible furnaces, pot furnaces or induction furnaces with a
brimful capacity of less than 450 cubic inches of any molten
metal. (Revised 6/14/77)
COUNTY OF VENTURA
12/86 AIR POLLUTION CONTROL DISTRICT RULE 23: 5
800 SO. VICTORIA AVENUE
VENTURA, CA 93009
COUNTY OF VENTURA
AIR POLLUTION CONTROL DISTRICT
J. Miscellaneous 800 SO. VICTORIA AVENUE
VFNTt)!'A, CA 93019
1. Bench scale laboratory equipment used exclusively for chemical or
physical analyses or experiments. (Revised 6/14/77)
2. Vacuum producing devices'in laboratory operations or in connection
with other equipment which is exempt by this Rule.
3. All sheet -fed printing presses without dryers and all other
printing presses without dryers using exclusively inks containing
less than 10 percent organic solvents, diluents or thinners.
(Revised 5/23/72)
4. Photographic process equipment by which an image is reproduced
upon material sensitized to radiant energy.
5. Equipment used exclusively to package pharmaceuticals or cosmetics
or to coat pharmaceutical tablets.
6. Shell -core and shell -mold manufacturing machines
7. Die casting machines.
8. Equipment used exclusively for bonding lining to brake shoes.
9. Valves and flanges.
10. Cooling towers and ponds.
11. Equipment used exclusively for the dyeing or stripping (bleaching)
of textiles where no organic solvents, diluents, thinners or
sulfur compounds are used.
12. Any article, machine, equipment, contrivance or their exhaust
systems, the discharge from which contains airborne radioactive
materials and which is emitted into the atmosphere in
concentrations above the natural radioactive background
concentration in air. "Air -borne radioactive material" means any
radioactive material dispersed in the air in the form of dusts,
fumes, smoke, mists, liquids, vapors or gases.
Atomic energy development and radiation protection are controlled
by the State of California to the extent it has jurisdiction
thereof, in accordance with the advice and recommendations made to
the Governor by the Advisory Council on Atomic Energy Development
and Radiation Protection. Such development and protection are
fully regulated by the United States Atomic Energy Commission to
the extent that such authority has not been delegated to the
states.
13. Repairs, including the replacement of worn or defective parts, to
any article, machine, equipment or other contrivance where a
Permit to Operate had previously been granted for such equipment,
so long as such repairs do not constitute a substantial
replacement of the equipment as a whole. (Revised 1/17/78)
12/86 RULE 23: 6
ATTACHMENT B.4
SUPPLEMENTARY INFORMATION FORM
DRY CLEANERS
Instructions
General: Answer each question on the attached form as completely as possible.
Where the requested information is not applicable to your business, write "N /A ".
If you do not know the answer to the requested information, write "Unknown ".
For each dry cleaning plant for which a Permit to Operate is being applied for,
a separate form must be submitted.
1. Name and Address of Business: Complete with the name and address at which the
dry cleaning equipment is located. This information must be the same as lines 7
and 8 of the application form.
2. Amount of Clothes Cleaned /Week: Complete this information based upon actual
data or an estimate of the amount of clothes cleaned per week, using the average
number of loads per day and the average weight per load.
3• Solvents Used: Check the appropriate type of solvent which your plant uses or
plans to use. If you check "Other ", please specify the type by name. Show the
amount of solvent which you expect to purchase on an annual basis. If more than
one type of solvent is to be used, list each solvent separately and designate
the type. If known, show solvent mileage from your plant. List your solvent
supplier(s) by name.
4• Type of Operation: Check the appropriate space.
5• Equipment Operating Schedule: Provide the typical operating schedule of the dry
cleaning equipment, not the store hours.
6. Waste Material Disposal: Check the appropriate space for each type of waste you
have i.e., still residue, filters, muck). Provide the name of your waste
recycler or hazardous waste disposal firm which you use or propose to use. If
more than one is used, list each separately.
7. Air Pollution Control Equipment: Describe the type of equipment which you
currently have, or which you intend to install, which is used to control solvent
emissions from your dryers, tumblers or cleaning machines. Submit the
manufacturer's brochure describing the equipment.
8/9. Dry Cleaning Machines or Washers and Tumblers or Dryers: Complete these
sections as appropriate for your operation. Show the number of identical units
in the column "Number ".
10. Other E uipment: Complete these sections (Still, Muck Cooker, Extractor,
Filters ) as appropriate for your operation. For filters, describe the type of
filter and duration of filter draining before they are disposed of.
11. Boiler Information: If applicable, describe the boiler you have. If more than
one fuel type is used (i.e., natural gas and fuel oil) show each type of fuel
and the quantity of each fuel used in 1982.
County of Ventura
Air Pollution Control District
SUPPLEMENTARY INFORMATION FORM
DRY CLEANERS
1. Name and Address of Business:
Name:
Address:
2. Amount of Clothes Cleaned /Week: pounds
3• Solvents Used:
Type: 'Perc' Stoddard 140F Other
Amount expected to be purchased per year: gallons
Solvent Mileage: Lbs. Clothes Cleaned /Gallon Solvent
Supplier's or Mfgr's. Name: 1.
2.
4. Type of Operation: Transfer Dry to Dry
5• Equipment Operating Schedule (not store hours):
Hrs /Day, Days /Wk, Wks /Yr
6. Waste Material Disposal (check appropriate space):
Still Residue Filters Muck
Recycler
Class _I Dump
Name of Recycler or Disposal Firm:
7. Air Pollution Control Equipment:
Make: Model:
Type: Carbon Adsorption Refrigeration
Other (specify)
Condenser
-�Z
y�.
8. Dry Cleaning Machines or Washers:
Number Make Model No. Capacity (lbs.)
9. Tumblers or Dryers:
Number Make Model No. Capacity (lbs.)
10. Other Equipment Make Model
Still:
Muck Cooker:
Extractor:
Filters:
Type: Diatomaceous Earth Cartridge
Other (specify)
Duration of Filter Draining Before Disposal:
11. Boiler Information:
Size: Horsepower or
Manufacturer:
Model:
Fuel Type: 1.
Amount of Fuel Used (1982): 1.
2.
KDDCLN
12/85
Serial No.:
2.
Hours
BTU's /Hour
33
ATTACHME14 T B • 5
TO WHOM IT MAY CONCERN
Ventura County Air Pollution Control District
Guideline Document
for
Stationary Internal Combustion Engines
The enclosed document is for your information and direction in
determining APCD compliance activities relating to operating natural
gas fired stationary internal combustion engines in Ventura County.
_ Included are District Rule requirements and descriptions of acceptable
inspection methods and procedures; test reports, and periodic testing
requirements.
Should you have any questions relating to the Guideline Document,
please call Bill Flynn at (805) 654 -2664•
'��`' ?'O r= +,s t .. .•. . �'��� .:5�� C"�ar ��'R =�.gYf'.fa _ lry.,,,, •: 7e .-.Lim
March 2, 1987
Ventura County Air Pollution Control District
STATIONARY INTERNAL COMBUSTION ENGINE
GUIDELINE DOCUMENT
NOTE
This document is intended to aid in the interpretation of, and to
supplement, District Rule 74.9. The reader is cautioned to read
Rule 74.9 in addition to this document. Any conflict(s) between
this guideline and Rule 74.9 is not intended and in such cases,
Rule 74.9 shall prevail.
I. GENERAL
A. Introduction:
The purpose of this document is to describe the VCAPCD
requirements for new and existing stationary internal combustion
engines fired on natural gas or LPG. It includes discussions
relative to emission limitations, permits, initial and continuing
compliance testing, acceptance parameters, methods, reporting
formats, and replacement /removal alternatives.
B. ABMP Tactic:
CONTROL MEASURES ADOPTED OR PROPOSED FOR ADOPTION (APPENDIX
H -82) /Feb 82 describes the controls for industrial internal
combustion engines as follows:
"The control measure requires an operator of 'rich' and /or 'lean'
burn stationary internal combustion engines to reduce oxides of
nitrogen emissions by approximately 90 %. . "
District Staff interprets this to mean 'all
engines will eventually be controlled and
therefore any emissions reductions from
currently exempt engines are surplus only
until rules are changed to eliminate that
exemption'.
C. Definitions
STATIONARY INTERNAL COMBUSTION ENGINE is any Otto Cycle internal
combustion engine of the reciprocating type that is operated at a
site for more than one year or is attached to a foundation.
RICH BURN INTERNAL COMBUSTION ENGINE is considered to be a
four - stroke naturally aspirated engine.
LEAN BURN INTERNAL COMBUSTION ENGINE is considered to be any
engine that is not a rich burn engine.
EMERGENCY STANDBY ENGINE is any internal combustion engine which
operates as a mechanical or electrical power source as a temporary
replacement for a primary power source during periods of
fuel /energy shortage or while the primary power source is
undergoing repairs.
35
3(0
ENGINE OUTPUT is the shaft work output plus the energy reclaimed
by any useful heat recovery system.
TOTAL INSTALLED HORSEPOWER is the total horsepower from all
stationary internal combustion engines not exempted by Rule 74.9
which are under the control of the same owner or operator. For
purposes of establishing the applicability of Phase II of Rule
74.9, Total Installed Horsepower is that which existed on July 2,
1985.
*DISTRICT ENGINE TESTING REQUIRE14ENTS consist of two types of
testing. The first is referred to as a STACK TEST, the second, an
EMISSION INSPECTION. Both of these terms are defined below.
*EMISSION INSPECTION is the test specified in District Rule 74.9,
Section III.A.1.a. and shall be accomplished quarterly or each
2000 hours of engine operation, whichever occurs first. This
testing may be accomplished by the engine operator and is intended
to be a screening, or an examination of surrogate parameters, that
is less intensive than a 'Stack Test'. These parameters, subject
to APCD approval, are determined on an individual basis and
proposed by the operator in the Emission Inspection Plan. At a
minimum, the APCD expects NOx, corrected to 15% Oxygen, to be
measured. Other parameters, e.g., oxygen concentration, percent
NOx difference before and after control, etc., may need to be
determined to demonstrate compliance.
*STACK TEST is the formal testing performed to demonstrate
emissions compliance with District Rule 74.9. The results of the
stack test will be submitted as a stack test report.
A stack test shall be performed initially on all non - exempt
engines and every three years or 8000 hours of engine operation,
thereafter, whichever occurs first. This testing period is
subject to revision as the District obtains more
experience /information on the reliability of the different types
of control devices and surrogate test methods.
*STACK TEST REPORT shall contain the data and test results of the
stack test. This report shall include the following:
Summary page(s) showing the emissions of NOx, corrected to
15% Oxygen, NPiHC, CO, (and NH4 if equipped with a NOx
reducing catalyst) in ppm, pounds per hour, tons per year
(based on operators estimate of annual hours of engine
operation) and percentage of oxygen in the exhaust gas. The
summary should also include fuel consumption rate,
identification of engine and catalyst (if equipped)
manufacturers, model and serial numbers, operators engine
I.D. numbers or nomenclature, engine rated horsepower,
location of engine, purpose of test, APCD Permit to Operate
or Authority to Construct number, description and
identification of all manually and automatically adjustable
controllers that may effect engine emissions and their
position during the test, and engine type (rich /lean burn, 2
or 4 stroke, naturally aspirated, turbo or super charged,
'clean (lean) burn', EGR equipped, etc.).
-2-
3q-
The remainder of the report shall include a description of
the engine operating conditions and the operating limits
imposed during the stack test (these operating limits may be
included as conditions on the Permit to Operate), the test
method(s) used; a copy of the Calibration Gas Certificate and
a verification that the calibration gases used were adequate
and meet the requirements of the test method(s) used; the
method used to determine exhaust gas flow rate; copies of the
chart recordings, properly annotated and time correlated to
other relevant data, showing emissions in ppm, the measured
levels of calibration gases, and the temperature (both into
and out of the control device, if appropriate); fuel source
and fuel analysis, including % sulfur compounds, higher and
lower heating values; for SCR systems, the ammonia flow
rates; all calculations; name of person performing the test
and data analyses; and the date the test was performed.
For engines equipped with a catalytic control device the
report shall also contain a statement signed by the engine
operator showing the number of hours of engine operation on
the control device since the previous test or installation,
whichever is appropriate.
*These definitions do not appear in Rule 74.9.
II. Requirements
A. Emissions Limitations
Rich Burn IC Engine Oxides of Nitrogen emissions shall be either *:
1. Reduced by 905 across the emissions controls, or equivalent
reductions approved by the APCO; or
2. Limited to no more than 0.3 micrograms per joule output
(0.805 gm /hp -hr) or
3. Limited to no more than 50 ppm, corrected to 15`,' oxygen at an
engine standard efficiency of 30%.
Lean Burn IC Engine Oxides of Nitrogen emissions shall be either *:
1. Reduced by 80°1 across the emissions controls, or equivalent
reductions approved by the APCO; or
2. Limited to no more than 0.9 micrograms per joule output (2.42
gm- bhp /hr), or
3. Limited to no more than 125 ppm, corrected to 15°1 oxygen at
an engine standard efficiency of 305.
*The engine operator should select compliance criteria that is the
least stringent or provides the greatest latitude for compliance
for his /her particular engines.
-3-
3K
B. Permit Requirements
1. Authority to Construct
Engine operators are required to obtain Authorities to
Construct:
a. Prior to modifying engine types (e.g. modifying a rich
burn engine to a lean burn)
b. Prior to replacing control devices with a different
type, model, or with one made by a different
manufacturer.
C. Prior to installing a control device on an existing
engine.
d. Prior to installing a new or replacement non - exempt
engine.
2. Permit to Operate
Engine operators must apply for a Permit to Operate after
completion of the testing required by the Authority to
Construct and prior to commercial operation of the engine. A
Temporary Permit to Operate shall be obtained prior to
operating an engine with a new catalyst for the required 100
hour pre -test operation.
C. Time Schedules
1. All new and replacement engines shall meet the emissions
requirements upon installation.
2. Operators of more than 500 total horsepower of non - exempt
rich burn engines shall meet the emissions requirements on
50% of the installed horsepower and shall:
a. By July 1, 1986 apply for Authority to Construct(s) to
modify or add controls to those affected rich burn
engines.
b. By December 31, 1Q86 submit to the APCD the Permit to
Operate application for all affected engines, including
a copy of the stack test report, for each engine,
demonstrating compliance.
3. In addition to the requirements of item C.2., above, all
operators of 500 or less total horsepower of non - exempt rich
burn engines shall:
a. By July 1, 1987 apply for Authority to Construct(s) to
modify or add controls to all existing rich burn
engines.
b. By December 31, 1987 submit to the APCD the Permit to
Operate application for all rich burn engines, including
a copy of the stack test report, for each engine,
demonstrating compliance.
3q
4. Operators of 1000 or more total installed horsepower of
non - exempt lean burn engines shall meet the following on at
least 25% of the installed horsepower:
a. By July 1, 1986 apply for Authority to Construct(s) to
modify or add controls to the affected engines.
b. By December ?1, 1986 submit to the APCD the Permit to
Operate application for all affected lean burn engines,
including a copy of the stack test report, for each
engine, demonstrating compliance.
D. Exemptions
The following engines are conditionally exempt from the
requirements of Rule 74.9 and from the Total Installed Horsepower
definition (see Control Measure):
1. Emergency standby engines that were operated less than 200
hours per year prior to July 2, 1985.
2. Stationary internal combustion engines used in research or
teaching programs.
3. All engines with a rating of less than 50 brake horsepower.
4. All stationary internal combustion engines used directly and
exclusively for agricultural operations necessary for the
growing of crops or the raising of fowl or animals.
5. Engine test stands for evaluating engine performance.
6. All standby engines limited by enforceable permit conditions
to 200 or fewer hours per year.
7. All engines rated at less than 150 brake horsepower and used
to drive petroleum production rod pumps.
S. An engine rated at less than 100 horsepower, emitting NOx at
not more than 5 gm/bhp -hr (shaft), and utilized as a
qualified cogeneration facility permanently displacing the
use of an existing boiler. This exemption shall apply to
only those engines installed prior to December 31, 1988. A
qualified cogeneration facility is one meeting the
requirements of 18 CFR Part 2.92 Subpart B Section 2.92.205.
III. Testing
A. Stack Testing
1. Procedural Requirements
a. All engines, subject to compliance with District Rule
74.9, shall be stack tested to demonstrate compliance
with the emissions limits imposed by District Rule 7A.9.
-5-
r.+.��.VI►> -�ww. -__ -- .A:4. ._ Ri�.r���a1'—��.�........ .. ... �. ..........r.. w.. .... "'�"�'•�•- ----- = ��Y -���;r �r.v�'a.v _sue - •-�
V6
b. The operator shall provide information with the Permit
to Operate application, separate from the stack test
report, to satisfy the District that the field or
operating personnel will maintain the engines to the
specifications recommended by the manufacturer /vendor
or, if different, to those determined necessary as a
result of the stack testing (air /fuel ratios, percent
exhaust gas recirculation, amount of excess air, etc.).
C. Stack testing is required:
1. Initially, on all engines
2. Every 8000 hours of engine operation, or every 3
years, whichever comes first. Compliance
measurements shall be made on engines as they are
found operating in the field. No adjustments of
operating parameters shall be allowed. If the
engine fails to meet the NOx limits of Rule 74.9, a
second series of tests may be conducted after
engine adjustments to demonstrate compliance. Both
test reports shall be submitted to the APCD
indicating what adjustments had to be made to
obtain compliance.
3. If the catalytic convertor, air /fuel controller, or
reactant controller is replaced.
2. Test Methods
Rule 74.9 requires the use of a Modified EPA Method 20.
Refer to Attachment B, page IV -73, of the District Rules for
the list of modifications to EPA Method 20. In addition to
this test method, the District also accepts testing performed
in accordance with CARB Method 1 -100. If a NOx reducing
catalyst is used, exhaust ammonia emission concentrations
exiting the catalyst shall also be recorded. This may be
accomplished by either a grab sample method, at a
representative time, or continuously during the stack test
(refer to BAARMD NH3 Analysis Method).
If an exhaust gas emissions control device is used whose
performance is dependent on exhaust gas stoichiometry,
temperature, or some other parameter, then those parameters
which affect the performance of the device or system shall be
measured and recorded during the measurement period.
As an example, for non - selective catalytic reduction
systems (NSCR), exhaust temperature and exhaust oxygen
concentration entering the catalyst shall be measured
and recorded under normal operating conditions for each
measurement period. Also, the maximum exhaust oxygen
concentration shall be determined for each measurement
period which limits compliance performance of the
system.
Y(
For selective catalyst reduction systems (SCR), exhaust
temperature entering the catalyst and ammonia flow rate
into the catalyst shall be measured. and recorded under
normal operating conditions for each measurement period.
Also, the minimum ammonia flow rate, which limits
compliance performance of the system, shall be
determined for each measurement period.
In those circumstances where operating parameters that
affect the compliance status of an engine /control system
(e.g., exhaust 02 for NSCR, NH3 flow for SCR, exhaust 02
for 'clean burn', etc.), are manually controlled, the
maximum or minimum level (as appropriate) of those
parameters shall be measured and will be specified as
operational limits on the Permit to Operate.
Testing shall also be performed in conformance with District
Regulation VI, Source Testing and Stack Monitoring,
specifically Rules 100 and 101. Rule 100 requires that all
testing and analysis be accomplished in accordance with
acceptable recognized testing procedures /equipment /and
methods. Rule 101 requires that the operator maintain
conveniently located facilities, reasonable and necessary
test openings in the stack system, instruments and testing
sensing devices, and safe access platforms or scaffolding.
3. Testing Agencies
The District prefers that an operator acquire the services of
an independent testing laboratory for performing stack tests.
The costs of all compliance testing shall be borne by the
operator /owner (see Rule 102). The District may allow
operators who have source testing facilities and whose
operations encompass many engines and other air pollution
control districts, the option to use their in -house test
teams. This option is at the discretion of the District and
operators having test teams must obtain District approval for
their use prior to testing.
4. Notification
The operator shall notify the District representative 5
working days in advance of any Stack Test, and shall confirm
the testing schedule 1 day prior to the test. The District
shall have the option of witnessing all parts and phases of
the testing and analytical activities and those plant
processes /activities that affect engine operation, developed
horsepower, engine air /fuel ratios, exhaust rates,
throughputs, flowrates, or engine speed.
B. Emissions Inspection
The operator shall comply with the requirements stated in Rule
74.9, Section III.A. every 2000 hours of engine operation but not
less than once per year. The specific requirements of the
Emissions Inspection must be previously established through the
Operator Inspection Plan and approved by the APCD.
-7-
C. Adjustments
Catalytic Controlled Engines
Vz
1. All new engines and existing engines equipped with new
catalytic control devices shall be adjusted to manufacturers
specifications and operated for a minimum of 100 hours prior
to the Stack Test. If the engine and its control device are
not included on a Permit to Operate, the operator shall
request and obtain a Temporary Permit to Operate from the
District so that the engine(s) may be run during this 100
hour break -in period.
2. During the Stack Test, the engine undergoing testing shall be
operated in the manner and under the conditions and loads
expected during normal engine operation. The operator shall
record the limits of these conditions and this information
shall be submitted as part of the test report. These limits
may also, if appropriate, be incorporated into the Operator
Inspection Plan, and may become permit conditions.
3. If manual engine operating adjustments are necessary during
the testing, then the emissions data collected prior to these
adjustments may not be considered as part of the compliance
test or in the analysis to demonstrate compliance.
4. The test operator shall simultaneously* monitor emission
concentrations at the the inlet and outlet of the catalytic
control device, if the engine is so equipped. This
information shall be permanently recorded, properly
annotated, and easily correlated to other test data.
* The District may approve non - simultaneous
testing on a case by case basis.
Manually Adjusted Control Devices
1. These types of controls (EGR, Air injection, etc.) shall be
tested in the 'off' or 'bypass' condition to determine the
engine's baseline (no control) emissions (if the operator
wishes to show compliance by percent reduction) and again
with the devices properly adjusted for compliance with Rule
74.9. If basic engine operating adjustments are necessary to
demonstrate compliance, then any engine emission data
collected prior to these adjustments may not be considered as
part of the compliance test or in the analysis to demonstrate
compliance.
2. During or immediately following the test, the test operator
or engine operator shall record and mark the position of any
manually adjustable controls or controllers that may affect
NOx emissions. This information shall be submitted as part
of the test report.
-8-
D. Test Reports
Y3
The Stack Test Reports shall be submitted to the APCD within 45
days of the engine Stack Test and shall contain all of the
information included in the definition of a Stack Test Report.
IV. Engine Operator Inspection Plans
This section to be completed at a later date and is expected to contain
a discussion of surrogate or alternate testing methods for the
quarterly testing requirements.
V. Enforcement and Permit Requirements
A. Noncomplying Engine Test Results
From the Stack Test Report the District will establish Permitted
Emissions for each engine. These Permitted Emissions will be a
condition on the resultant Permit to Operate. Any violations of
these conditions may result in enforcement action by the District.
The emissions levels established by Stack Test will be converted
to Permitted Emissions as follows:
The NOx emissions will be established as the maximum
allowable by District Rule 74.9•
All other emissions levels will be as determined by the Stack
Test.
On retest, if these emissions levels are different, but the NOx
emissions are still in compliance with District Rule 74.9, the
District may change the Permit to Operate Permitted Emissions and
renewal fees will be based on these new levels. If the retest
shows NOx emissions non - compliant with District Rule 74.9, the
operator may make engine /control adjustments. If, after
adjustments, the engine NOx emissions continue to exceed the
emission levels required by Rule 74.9, then the operator will not
be permitted to operate this engine without a variance (contact
the APCD Enforcement Section for details on applying for
variances) or until the control system is repaired or replaced
(and then only after applying for /obtaining, if necessary,
additional permits, see item II.B. above).
B. Breakdowns /Emergency Variances
If the engine control device fails at any time to operate properly
or is not expected to operate properly the operator shall contact
the APCD to report a breakdown. Pursuant to APCD Rule 32, the
determination that a breakdown has occurred is subject to a
District investigation. If a breakdown situation does indeed
exist, and if repair can be completed within 24 hours and does not
involve the criteria for permit modifications (see item II.B.,
above), the operator may repair /adjust the engine or control
device, record the failure, the time the engine operated
out -of- compliance, and the repairs or adjustments made in the
Emissions Inspection record, and continue operating the engine.
If the repair cannot be completed within 24 hours or if the
repairs require APCD permits and the operator feels that the
engine is critical to his operations he may apply for an emergency
variance to continue engine operation (contact the APCD
Enforcement Section). Please consult Rule 32 for more detailed
information on breakdown conditions.
C. Standby Engines
Engines meeting the definition of standby or emergency are not
required to meet the NOx reduction limits of Rule 74.9. However,
if the operator wishes to change this classification from standby
to full service, the requirements of Rule 74.9 may be triggered
for such engines. In these cases, if the unmodified engines do
not meet the emission limits of Rule 74.9, the operator shall
apply for an Authority to Construct to add the necessary control
device(s). Such engines will then be subject to all appropriate
provisions of Rule 74.9, and of this protocol, including Stack
Tests, Emissions Inspections, and Operator Inspection Plans.
WFICE
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YY
ATTACHMENT C
RESOURCE MANAGEMENT AGENCY
county of ventura
June 29, 1989
Steve Kueny
City Manager
City of Moorpark
P.O. Box 701
Moorpark, CA 93021
Dear Mr. )Zlueny:
�5--
THOMAS BERG
Agency Director
On June 12, 1989, various Air Pollution Control Districts (APCD) statewide were
advised of a change of State law that directly affects all general purpose governments in
the state. The change goes into effect on July 1, 1989 and places additional
requirements on cities and counties when issuing certificates of occupancy. In checking
locally, it appears few local governments were aware of the new requirements.
I am writing you to propose an initial program that would allow your city and the
Ventura County APCD to expeditiously comply with the requirements of the new law
(AB 3205). A meeting of staff of city and County planning and building departments,
along with APCD staff, to discuss a long -term process to best meet this state
requirement in our local jurisdictions has been scheduled for July 7, 1989 at noon. The
meeting will occur in the large Executive Dining Room, off the Cafeteria, in the County
Government Center, 800 South Victoria Avenue, Ventura. As a follow -up, APCD staff
will also attend the regular monthly meeting of the County and City Building Officials
(on July 19 in Simi Valley) to allow for further discussion and expeditious compliance
with the new law.
Air permits are already required of any commercial or industrial operation that may
"cause, reduce, or control the emission of air contaminants." Such permits are
processed and issued pursuant to APCD Rule 10. What this new law does is require
local general purpose government to verify either that the required permit has indeed
been obtained, or applied for, or to verify that no permit is required, before a certificate
of occupancy may be approved and issued.
The applicable legislation, (AB 3205) was introduced to the California Legislature by
Assemblymember Maxine Waters. The bill was adopted during the 1987 -88 regular
session. Section 65850.2(b) was added to the Government Code and reads as follows:
Government Center, Hall of Administration Building
800 South Victoria Avenue, Ventura, CA 93009 (805) 654 -2661
RECEIVED
.I i_i N 2 9 1989
Nloorrnr!4
�60
(b) Not later than July 1, 1989, no city or county shall issue a final certificate of occupancy
unless the applicant has met or is meeting the applicable requirements of Sections 25505,
25533, and 25534 of the Health and Safety Code and the requirements for a permit from the
air pollution control district or has provided proof from the appropriate district that the
permit requirements do no apply to the applicant. This section shall not apply to
applications for residential construction.
The effective date of the law is July 1, 1989. A complete copy of the law is attached for
your review. Until a permanent system is agreed upon, we would like to cooperate with
you and your Planning, Building, and Fire Departments (where appropriate) by
requesting that you give information regarding existing permit requirements to
applicants applying for permits from your jurisdiction, subject to the new requirement.
We, in turn, will supply you with the following:
1. "Air Quality Fact Sheet" - This fact sheet summarizes who does /does not need
an air permit. This will help applicants anticipate if they may need an air permit.
A copy of the "Fact Sheet" is attached for your review.
2. Applicant Postcards - It is proposed postcards be used to notify Ventura County
APCD of applicants coming to you for permits subject to the new state law. This
will ensure that they file for an air permit if necessary, or obtain verification no
permit is required. We are requesting that you provide the card to each affected
applicant to facilitate applicants contacting the APCD. These cards are
postpaid.
The "Air Quality Fact Sheet" with a postcard should be given to each applicant for a
permit. We will supply you with as many copies as needed of the "Air Quality Fact
Sheet" and postcards.
Upon receipt of the postcard from the prospective applicant, APCD staff will review the
information on the card and determine if an air permit is required. If a permit is not
required, a letter will be sent to the applicant advising them that an air permit is not
required. If a permit is required, a letter will be sent to the applicant informing them
that they need to apply for an air permit. In either case, the applicant will have a signed
letter from Ventura County APCD indicating whether or not an air permit is needed,
allowing you to meet the requirements of the law.
It appears many other cities and counties throughout the state intend to add to their
permit approval "checklist" the need for applicants to inquire about and obtain
necessary air permits. This seems to be a reasonable and relatively easy solution to
tracking the document. This can be discussed at the proposed meeting of APCD, city,
and County staffs.
V7
If you have any questions regarding this request or need additional copies of the "AIR
QUALITY FACT SHEET' with postcards, please contact:
Permit Coordinator
Ventura County Air Pollution Control District
800 S. Victoria Avenue
Ventura, CA 93009
(805) 654 -2801
An initial package of fact sheets and postcards will be delivered to your office on
Wednesday, July 5, 1989 for distribution to your Building, Planning, and Fire
Departments (where appropriate).
If you have any questions or need additional information please contact Allen L.
Danzig, APCD Enforcement Manager at (805) 654 -2665. Thank you for your
cooperation.
Sincerely,
Thomas Berg, Director
Resource Management Agency
cc: Bill Windroth, Building and Safety
Keith Turner, Planning
Richard H. Baldwin, APCD
Karen Brooks, APCD
Al Danzig, APCD
Karl Krause, APCD
Bill Mount, APCD
Keith Duval, APCD
Attachments
VENTURA COUNTY
AIR POLLUTION CONTROL DISTRICT
800 South Victoria Avenue, Ventura, CA 93009
AIR QUALITY FACT SHEET
This information is for persons who may be subject to air pollution regulations, to notify
them of the general requirements, and the people to contact for more complete
information.
WHO NEEDS AN AIR PERMIT?
Rule 10 of the Ventura County Air Pollution Control District (VCAPCD) Rules and
Regulations requires that before any person builds, erects, installs, modifies, uses or
operates any article, machine, equipment, or other contrivance, the use of which may
cause, reduce, or control the emission of air contaminants, such person shall first secure
written authorization from the Ventura County APCD. Also, new permits are required
when permitted equipment is sold, or transferred.
Ventura County APCD serves as a permitting agency for direct sources of air pollution.
Pollutants of interest include:
Smoke Oxides of Nitrogen
Soot Oxides of Sulfur
Dusts Carbon Monoxide
Reactive organic compounds (ROC) Odorour compounds
Toxic Air Contaminants
(any compound identified by the District either as a
candidate toxic or as toxic air contaminant)
Operations which usually require an air quality permit include, but are not limited to:
Dry cleaning equipment
Gasoline station or any gasoline
dispensing facility
Solvent cleaners (degreasers)
Coating of metal parts and products
Printing and Coating operations
Coating of plastic parts and products
Wood furniture and cabinet coatings
Solid waste disposal sites
Auto body shops
Paint spray booths
Storage of organic liquids
Air pollution control equipment
Oil field production equipment
Chemical processes
Equipment handling:
Asbestos
Beryllium
Mercury
Benzene
Vinyl Chloride
Hexavalent Chromium
Stationary Internal
Combustion Engines
over 50 H.P.
Any heat transfer
equipment over 1
million BTUs such as:
Boilers
Heaters
Turbines
ys
District permit regulations apply to installations operated by private businesses and
governmental entities. The District permitting rule is states as follows:
Rule 10. Permits Required (except as listed in Rule 23) (Adopted 10122168, Revised 5/32/72, 11121178,
8114179, 715183)
A. Authority to Construct
Any person building erecting or installing any facility including any article, machine, equipment or
other contrivance the use of which may cause the issuance, reductio, control, or elimination of air
contaminants, or any person who plans any modification or replacement of any facility or equipment
which may alter the emissions of air contaminants, shall first obtain written authorization for such
construction from the Ventura County Air Pollution Control District. A separate permit application
shall be required for each non - contiguous property or location.
B. Permit to Operate
Before any person operates, uses or offers for use army facility including any article, machine or other
contrivance, the use of which may result in the issuance, reduction, control, or elimination of any air
contaminant, he first shall obtain a Pemmit to Operate from the Air Pollution Control District. A
separate permit application shall be required for each non- contiguous property or location.
WHO IS EXEMPT FROM AIR PERMIT REQUIREMENTS?
1. Homes (single family dwellings), residential buildings, hotels, motels, and
restaurants.
2. Office and commercial buildings, where the only emissions are from gas -fired
space heating less than 1 million BTUs /hr.
The attached postcard, is to be completed by the City or County official and mailed to
the Ventura County APCD.
A card is also to be given to the Applicant with a request to fill the card out and return
it to Ventura County APCD as soon as possible. Both postcards are marked post paid
for your convenience.
For additional information please contact:
Permit Coordinator
(805) 654 -2801
SAMPLE
To Ventura County APCD Permit Coordinator:
I believe an air permit may be required for the operation(s) described below, please send the appropriate
forms.
Your referral No.:
Business
name:
Location:
Number Street City Zip
Type of business:
Equipment which may emit air pollutants:
Contact Name:
CITY CARD
To: Permit Coordinator
Telephone:
From:
Name Telephone
Agency
Type of Business:
The following source /project may produce air pollutant
emissions:
Business /project name:
Location:
Number Street City Zip
Applicant's name:
Address:
Telephone:
APPLICANT CARD
s�
Assembly Bill No. 3205
CHAPTER 1589
S-1
An act to add Section 65850.2 to the Government Code, to amend
Sections 25535 and 25540 of, and to add Sections 13872.5, 25534.1,
25534.5, 42301.6, 42301.7, 42301.8, 42301.9, and 42450.1 to, the Health
and Safety Code, and to add Sections 21151.3 and 21151.4 to the
Public Resources Code, relating to hazardous materials and emis-
sions.
[Approved by Governor September 30, 1988. Filed with
Secretary of State September 30, 1988.1
LEGISLATIVE COUNSEL'S DIGEST
AB 3205, M. Waters. . Hazardous materials and emissions.
(1) Existing law requires any business that handles a hazardous
material to establish a business plan for emergency response to a
release or threatened release of the material and may be required to
prepare a risk management and prevention program.
This bill would prohibit a city or county, after January 1, 1989, from
issuing a final certificate of occupancy unless these requirements are
met. The bill would also prohibit a city or county, after July 1, 1989,
from permitting a facility to be constructed within 1,000 feet of a
school without first requiring a risk management and prevention
plan and additional information, as specified.
(2) Existing law authorizes the boards of directors of fire
protection districts to issue written orders to correct or eliminate a
fire or life hazard, and to issue citations, as specified.
This bill would grant similar authority to the fire chief of a city, a
city and county, or a county fire department.
(3) Existing law requires every business, except as specified,
which handles specified amounts of an acutely hazardous material to
file an acutely hazardous materials registration form with the
administering agency and, if the agency determines there is an
accident risk, to submit a risk management and prevention program,
and provides civil penalties for violations.
This bill would permit review of the program by the air pollution
control district or air quality management district as well as by the
agency, would increase the applicable civil penalties, and would
impose criminal penalties on any person who violates these
provisions, thereby imposing a state - mandated local program by
creating a new crime.
(4) Existing law allows an air pollution control district or air
quality management district to establish and enforce a system
whereby a permit is required for any article, machine, equipment,
or contrivance which may emit air contaminants.
This would require a specified public notice and review by the
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-3— Ch. 1389
determine and mitigate risks posed by routine and accidental
hazardous and acutely hazardous emissions from new and existing
sources with regard to the siting of new schools and new and existing
facilities.
(c) Strengthen the enforcement mechanisms and correct other
deficiencies in laws effecting acutely hazardous air emissions.
(d) Provide a means to prevent the release of hazardous or
acutely hazardous air emissions that could adversely affect the health
and safety of persons at a schoolsite.
(e) Improve coordination among agencies regarding the siting of
schools and certain facilities near schools.
(f) Clarify and augment the authority of local agencies and not to
restrict or preempt existing local authority.
SEC. 2. Section 65850.2 is added to the Government Code, to
read:
65850.2. (a) Not later than July 1, 1989. each city and each county
shall include in its application for a building permit a place for the
applicant to indicate whether the applicant or future building
occupant will need to comply with the applicable requirements of
Sections 25505, 25533, and 25534 of the Health and Safety Code and
the requirements for a permit for construction or modification from
the air pollution control district or air quality management district
exercising jurisdiction in the area governed by the city or county.
This subdivision does not apply to applications for residential
construction.
(b) Not later than July 1, 1989, no city or county shall issue a final
certificate of occupancy unless the applicant has met or is meeting
the applicable requirements of Sections 25505, 25533, and 25334 of
the Health and Safety Code and the requirements for a permit from
the air pollution control district or air quality management district
exercising jurisdiction in the area governed by the city or county or
has provided proof from the appropriate district that the permit
requirements do not apply to the applicant. This section shall not
apply to applications for residential construction.
(c) On and after July 1, 1989, no city or county shall permit a
facility to be contructed within 1,000 feet from the outer boundary
of a school without meeting the requirements of Sections 25534 and
42303 of the Health and Safety Code. The risk management and
prevention program and information required by Section 42303 shall
not be accepted by the city or county unless approved by the
administering agency. The information required by Section 42303
shall not be accepted by the city or county unless the air pollution
control officer certifies that the applicant is in compliance with the
required disclosures.
(d) The city or county, after considering the recommendations of
the air pollution control district or air quality management district,
shall decide whether, and under what conditions, to allow
construction at the site.
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53
—5— Ch. 1589
deficient in any way, the administering agency shall notify the
handler of these defects. The handler shall submit a corrected RMPP
within 60 days of the notice.
(b) Upon implementation of a risk management and prevention
program pursuant to subdivision (k) of Section 25534, the handler
shall notify the administering agency that the RMPP has been
implemented and shall summarize the steps taken in preparation
and implementation of the RMPP.
(c) The handler shall continue to carry out the program and
activities specified in the risk management and prevention program
at the business after the administering agency has been notified
pursuant to subdivision (b).
(d) The owner or operator shall implement all programs and
activities in the RMPP before operations commence, in the case of
a new facility, or before any new activities involving acutely
hazardous materials are taken, in the case of a modified facility.
SEC. 7. Section 25540 of the Health and Safety Code is amended
to read:
25540. (a) Any business that violates this article shall be civilly
liable to the administering agency in an amount of not more than two
thousand dollars ($2,000) for each day in which the violation occurs.
If the violation results in, or significantly contributes to, an
emergency, including a fire, the business shall also be assessed the
full cost of the county or city emergency response, as well as the cost
of cleaning up and disposing of the hazardous materials.
(b) Any business that knowingly violates this article after
reasonable notice of the violation shall be civilly liable to the
administering agency in an amount not to exceed twenty-five
thousand dollars ($25,000) for each day in which the violation occurs
and upon conviction, may be punished by imprisonment in the
county jail, for not more than one year.
SEC. 8. Section 42301.6 is added to the Health and Safety Code,
to read:
42301.6. (a) Prior to approving an application for a permit to
construct or modify a source that may emit air contaminants located
within 1,000 feet from the outer boundary of a school, the air
pollution control officer shall prepare a public notice in which the
proposed project or modification for which the application for a
permit is made is fully described.
(b) The air pollution control officer shall, at the permit applicant's
expense, distribute the public notice to the parents of children in any
school within one - quarter mile of the source and to each address
within a radius of 750 feet from the outer property line of the
proposed new or modified source at least 30 days prior to the date
final action on the application is to be taken by the officer. The officer
shall review and consider all comments received during the 30 days
after the notice is distributed, and shall include written responses to
the comments in the permit application file prior to taking final
90 160