State of California
AIR RESOURCES BOARD

Sheraton-Town House
Regency Room
2961 Wilshire Blvd.
Los Angeles, CA 90010

October 22, 1979
10:00 a.m.
AGENDA
Page

79-24-1 Motor Vehicle Inspection Program Status Report

79-24-2 Investigation of the Enforcement Aspects of the
Issuance of Notices 001
to Comply and the Development of Source-Enforced Rules
in the South
Coast Air Quality Management District.

79-24-3 Status Report on South Coast Air Quality Management
District s Rule 475.1 and Ventura County Air Pollution
Control District s Rule 59.1.

79-24-4 Public Hearing to Consider Amendments to the Rules and
Regulations 005
of the South Coast Air Quality Management District.

AGENDA

October 23, 1979
10:00 a.m.

79-24-4 (CONTINUATION) of the Public Hearing to Consider
Amendments to the Rules and Regulations of the South
Coast Air Quality Management District.

79-25-1 Other Business
1. Research Proposals
2. Delegations to the Executive Officer
3. Executive Session
a. Personnel
b. Litigation

ITEM NO.: 79-24-2

Investigation of the Enforcement of the Issuance of Notices to
Comply and the Development of Source-Enforced Rules in the South
Coast Air Quality Management District.

The staff of the Air Resources Board (ARB) has become aware of a
recent trend in the South Coast Air Quality Management District
(SCAQMD) toward rules which hamper aggressive, expeditious
enforcement action on the part of the District and which thus
provide for no assurance of emission reductions. This trend is
exemplified by two rules relating to the control of hydrocarbon
emissions, Rule 462 (Organic Liquid Loading) and 466.1 (Valves
and Flanges).

Rule 462, as amended by the District on April 6 and October 5,
1979, provides that if emissions are found by a District
inspector to be in excess of limits prescribed, a notice to
comply (Similar in shape to a violation notice; see Figure 1)
will be issued instead of a violation notice. As the notice to
comply title implies, no penalties will be assessed against a
source which receives this type of notice, so there is little
incentive for a source to maintain its equipment in leak free
condition. Rule 462 further requires that the offending
equipment be repaired within two days and that the District be
notified of such repair. On a recent inspection of two bulk-
loading terminals by SCAQMD inspectors (with ARB inspectors in
attendance) to determine compliance with Rule 462, only notices
to comply were issued by the SCAQMD inspectors when liquid and
vapor leaks were observed. District representatives have stated
that it is a district policy to reinspect any facility at which a
notice to comply has been issued to assure that the problems have
been resolved. District spokespersons have also indicated that
notices of violation have been written in cases where a source
has failed to adhere to the requirement that offending equipment
be repaired within two days and in cases where dramatic excesses,
such as overfills, have occurred.

Rule 466.1, as amended by the District on May 16, 1979, is an
industry self-enforced rule which prescribes, for a source,
specific inspection schedules, repair criteria, and record
keeping and reporting requirements for valves in refineries and
chemical plants. A notice of violation of rule 466.1 is not
issued for any valve found to be leaking and is issued only if
the District can prove 1) that the required inspection of a valve
was not conducted, 2) that a leaking valve was not repaired as
specified, or 3) that the record keeping and reporting
requirements were not being met. These violation notice criteria
provide no assurance that a valve or flange is ever actually
inspected or that a leaking valve or flange is ever actually
reported and repaired. Accordingly, Rule 466.1 cannot be
credited with providing any quantifiable reduction in volatile
organic compound emissions. (NOTE: Although the Rule is
entitled, Valve and Flanges, it does not include any
requirements for flanges other than those attached to valves; the
district has stated its intention to prepare a separate rule to
control emissions from pipeline flanges.)

The staff opposes the policy of using notices to comply instead
of notices of violation when an excessive emission or leak is
found. While the staff supports the policy of industry self-
inspection required by Rule 466.1, the most direct and effective
means of bringing about this result is the issuance of a notice
of violation upon the detection of an excessive emission. Absent
the threat of a notice of violation on the detection of an
excessive emission, the owner/operator of a source can defer
maintenance activities until the need for such activity is
pointed out during a District inspection. The staff is concerned
that the policy of the SCAQMD in this regard could jeopardize the
District s ability to achieve and maintain ambient air quality
standards in the South Coast Air Basin.

The staff recommends that the Board adopt a resolution urging the
SCAQMD to return to and follow a policy which employs notices of
violation as an enforcement mechanism and which insures that the
responsibility for maintenance inspections rests with source
owner/operators and not with the District, and urging the SCAQMD
to bring its existing regulations into conformity with this
policy.

ITEM NO.: 79-24-5

Public Hearing to Review and Consider Amendments to the Rules and
Regulations of the South Coast Air Quality Management District.

RECOMMENDATION

Approve Resolution 79-80, thereby amending Rules 462, 466.1,
1122, 1125, 213, 213.1 and 213.2 as set forth in Appendix A
hereto, or as amended by the Board; and thereby requesting the
South Coast Air Quality Management District to Reevaluate Rule
464, 465, 1107, and 1123, and make necessary changes to make the
rules more effective.

SUMMARY

The South Coast Air Basin has been designated by EPA as a
nonattainment area for ozone, carbon monoxide, nitrogen dioxide,
and primary particulate matter. The analysis contained in the
South Coast Air Basin nonattainment area plan prepared by the
SCAG and the SCAQMD indicates that this Air Basin is one of many
areas in the State in which the state and national ambient air
quality standards for ozone are not expected to be attained by
December 31, 1982.

In Resolution 79-27, the Board found that certain SCAQMD rules
which are intended to implement measures in the plan were not as
effective as the EPA Control Technology Guidelines (CTG) and/or
as the reasonably available control measures identified by ARB
model rules. Furthermore, some District s rules were not
expected to reduce emissions by the amounts anticipated in the
plan. These rules included rules for the control of emissions
from: gasoline bulk plants (measure H-29, Rule 462), petroleum
coke calcining (measures S-1, Rule 1119), metal cleaning
operations (measure H-42, Rule 1122), metal can and coil coating
(measure H-39, Rule 1125), fabric and paper products coating
(measure H-21, Rule 1128), metal parts and products coating
(measure H-29, Rule 1107), process turnaround at refineries and
other facilities (measure H-30, Rule 1123), and refinery vacuum
producing equipment (measure H-30, Rule 465).

The Board requested in Resolution 79-27 that the SCAQMD amend the
above mentioned rules to make them as effective as the Board s
model rules, and committed to amend the District rules to make
them as effective as the ARB model rules unless the SCAQMD makes
the necessary changes.

During the four months since the Board adopted Resolution 79-27,
the staff has worked with District staff to develop amendments to
the District rules and regulations. This effort resulted in the
staff conclusion that Rule 1128, Paper and Fabric Coatings,
appears capable of achieving emission reductions comparable to
the reductions expected in the SIP. In addition, the staff
believes that ARB action on Rule 1119, Petroleum Coke Calcining,
should be deferred until further investigations are conducted by
the Board s and the District s staffs.

The staff believes, however, that the remaining rules listed in
Resolution 79-27 and, in addition Rule 464, Wastewater Separators
and Rule 466.1, Valves and Flanges, can and should be made more
effective if the emission reductions committed to in the plan are
to be achieved.

If adopted, the proposed amendments (Appendix A) would make the
District s rules reflect reasonably available control technology
(RACT), and where applicable, would make them at least as
stringent as prescribed by EPA s control Technology Guidelines
(CTGs). All of the proposed amendments are based upon ARB model
rules or ARB staff suggested rules. For each such rule, the
staff has previously prepared a report demonstrating the rules
technological and economic feasibilities.

The staff proposes that the Board amend the following South Coast
Air Quality Management District rules:

Rule 462 Organic Liquid Loading
Rule 466.1 Valves and Flanges
Rule 1122 Solvent Metal Cleaners (Degreasers)
Rule 1125 Can and Coil Coating Operations
Rules