NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT

RULE 908 - AIRBORNE TOXIC CONTROL MEASURE FOR EMISSIONS
OF PERCHLOROETHYLENE FROM DRY CLEANING OPERATIONS

(Adopted: November 9, 1994)

CONTENTS

PART 1.0 GENERAL

By reference, Title 17, section 93109, of the California Code of Regulations shall apply in its entirety.


IMPLEMENTATION OF FINAL AIR TOXICS

NESHAPS RULES AS ATCMs

The United States Environmental Protection Agency (U.S. EPA) has recently promulgated National Emissions Standards for Hazardous Air Pollutants (NESHAPS) for the five source categories listed below. These standards are promulgated under section 112 of the federal Clean Air Act (42 U.S.C. section 7412).

Under State law, the federal NESHAP becomes the state air toxic control measure (ATCM), unless the Air Resources Board (ARB) has already adopted an ATCM for the source category and the hazardous air pollutant(s). Once a NESHAP becomes an ATCM, the ARB and the air pollution control or air quality management districts (districts) have certain responsibilities related to the implementation and enforcement of the NESHAP/ATCM.

The ARB is required to implement the NESHAP/ATCM (Health and Safety Code Section 39658(b)(1). The ARB's implementation begins on the effective date of the NESHAP as published in the Federal Register notice of final rulemaking for the NESHAP.

The districts are required to either implement and enforce the final NESHAP/ATCM no later than 120 days after the effective date of the NESHAP or adopt an alternative regulation no later than six months after the effective date of the NESHAP (Health and Safety Code section 39666 (d). The alternative regulation must meet the requirements of subdivisions (b), (c), and (e) of section 39666 of the Health and Safety Code and must be proposed no later than 120 days after the effective date of the NESHAP. If districts fail to adopt the proposed alternative regulation within six months of the effective date of the NESHAP, they must begin implementation and enforcement of the NESHAP/ATCM.

The following final NESHAPs were published in the Federal Register (FR) on the dates identified. These final NESHAPs are, for the purpose of state law. NESHAPs/ATCMs.

Source Category FR Reference Publication/Effective Date
Polymers & Resins FR 12670 March 8, 1995
Secondary Lead Smelters FR 32587 June 23, 1995
Marine Vessels Loading FR 48514 September 19, 1995
Petroleum Refinery FR 43244 August 18, 1995
Aerospace FR 4548 September 1, 1995

Copies of the NESHAPs, as published in the Federal Register, and U.S. EPA fact sheets on each of the standards are collected in a binder labeled NESHAPS/ATCMs in the front office area. The fact sheets provide information on how the rules are structured, what sources the standards apply to, and the control options specified in the NESHAPs.

The ARB previously sent letters informing us that the U.S. EPA had promulgated NESHAPs for the following categories:

Source Category FR Reference Publication/Effective Date
HON FR 19402 April 22, 1994
Gasoline Distribution (Stage 1) FR 64303 December 14, 1994
Halogenated Solvent Cleaning FR 61801 December 2, 1994
Magnetic Tape FR 64580 December 15, 1994
Since the ARB has not adopted ATCMs for these source categories, the NESHAPs are also the state ATCMs. Because more than 120 days has passed since the effective dates of these NESHAPs, the districts are required to implement and enforce the NESHAPs unless they have proposed (and adopted if more than six months have passed) regulations meeting the requirements of subdivisions (b), (c), and (e) of section 39666 of the Health and Safety Code.

The U.S. EPA has also promulgated several NESHAPs for source categories in which ARB has adopted ATCMs. These promulgated NESHAPs are listed below:

Source Category FR Reference Publication/Effective Date
Perchloroethylene Dry Cleaning FR 49354 September 22, 1993
Cooling Towers FR 46339 September 8, 1994
Ethylene Oxide Sterilizers FR 62585 December 6, 1994
Chromium Electroplating FR 4945 January 25, 1995

Since the ARB has adopted ATCMs for these source categories, the NESHAPs are not state ATCMs. As such, the districts are not required to implement and enforce these NESHAPs under state law. However, districts with approved Part 70 (Title V) operating permit programs would be required to enforce the requirements of these NESHAPs under federal law.