AQMD ANNUAL EMISSIONS REPORTS

Who is required to file?

• Facilities in the Annual Operating Permit Emission Fee Program; those are companies who pay annual emissions for permitted equipment.
  Such facilities are subject to AQMD Rule 301(e) and are required to file;
• Facilities whose permitted plus 2/3 of unpermitted emissions equal 4 tons or more per year of criteria pollutants (VOCs, NOx, SOx, CO, PM, Specific Organics);
• Facilities, which had emissions [thresholds specified in Rule 301(e)] of specific Toxic Air Contaminants or ozone depleting compounds, listed in form TAC;
• Facilities that receive a 2002-2003 Annual Emissions Report Package.

What if I miss the deadline?
The SCAQMD 2002-2003 Annual Emissions Report is due on September 2, 2003. If a facility misses the deadline and owes an emission fee, late payment penalties in the form of a percentage of the emission fees will apply. The penalties are set forth in AQMD Rule 301(E)(8)(B) and are as follows:

After submitting my report I found out I estimated emissions incorrectly
Companies who pay their emissions fees on time but underestimated their emissions, which resulted in underpayment to SCAQMD, can re-submit the report subject to underpayment penalties. If the underpayment is corrected within one year from the filing deadline and more than 90% of the amount due was paid, there are no penalties.
However, if payment was less than 90% of the amount due, the penalty is 15% of the underpayment amount. When the underpayment is determined more than one year after the deadline, a 50% penalty applies.

A facility can file a refund request when overestimating of the emissions resulted in overpayment to AQMD. The refund request must be submitted in writing as set forth in Rule 301. Form A can also be used to request refunds associated with the current reporting period.

Special Circumstances
In some cases, facilities may be able to avoid late penalties even if they file a late emissions report. The AQMD has a Fee Review Committee to handle appeals, extensions and other special situations. When requesting an exemption from late penalties, it is important to provide all relevant documentation to support the validity of the request.

Recent Changes
Beginning with the reporting period of 2002-2003, and thereafter, all facilities with emissions greater than or equal to 4 tons per year (100 tons per year for Carbon Monoxide) will start to pay fees for non-permitted emissions, in addition to the permitted emissions fees. The fee will be phased in over a three-year period and the calculation will be as follows:

Each facility with at least one permit will be assessed a flat annual emission fee of $75 for FY 2002-2003 and after. These facilities have been billed $37.50 for 2001-2002.

SCAQMD PUBLISHES REPORT ON DIESEL GENERATORS

The South Coast Air Quality Management District proposed new requirements for emergency compression-ignition engines located at minor source facilities. The modifications will 1) Mandate lower polluting engines for nonroad use 2) Require clean fuels and 3) Prohibit the use of generators with an interruptible electric service.

The definition of “emergency” engine carries with it a permit condition that limits the operating time of these engines to 200 hours per year. Based on this limited operating time, the District exempts emergency engines from AQMD Rules 1110.1 and 1110.2, which apply to non-emergency engines. Emergency engines above 50 horse power are subject to New Source Review and thus must meet BACT requirements. Current BACT requires the use of fuels with sulfur content no greater than 0.05 percent by weight.
By June 1, 2004 the sulfur content requirement will go down to 0.0015 percent by weight.

Table 1. Current Minor Source BACT for Emergency Diesel Engines, in grams per brake horsepower-hour (grams/bhp-hr)

Criteria Pollutants

Table 2. U.S. EPA Tier 2 Certification Levels Required for Compression-ignition Engines (6-6-03), in grams per brake horsepower hour (grams/bhp-hr)

Table 3. Recent BACT listings for Emergency Diesel Engines at Major Source Facilities

Certified Emissions for Engine Family, gram/hp-hr

*ROG = Reactive Organic Gases

CHANGES TO CALIFORNIA UNIVERSAL WASTE REGULATIONS

Universal Wastes are common household or business waste items that require special disposal. Requirements for businesses that use, collect, transport, and recycle Universal Wastes are less stringent compared to those for most hazardous wastes. Most Universal Wastes must be taken or sent to a recycling facility or a landfill approved for hazardous waste disposal. California’s Universal Waste regulations will now include certain products that have added lead or mercury.

The following are some items that may fall under the new definition of Universal Waste:

• Computer monitors (cathode ray tubes may contain toxic amounts of lead)
• Electronic devices such as cell phones, microwaves ovens, answering machines, telephones, computer equipment, videocassette recorders, radios and stereos
• Pressure or vacuum gauges
• Thermometers
• Mercury light switches
• Effective 2004, lamps with added mercury, including ALL fluorescent tubes

Businesses using, storing, transporting, recycling and disposing of these newly defined Universal Wastes, will be subjected to requirements of Chapter 23 of title 22 of the California Code of Regulations.

AIR RESOURCES BOARD REGULATES POLLUTION TRANSPORT

The issue of pollution transport was recently brought to the attention of the Air Resources Board by the San Joaquin Valley Air Pollution Control District. The SJVAPCD is currently considering changing their attainment designation from “severe” to “extreme” due to its air pollution problems. The San Joaquin District pointed out that some of its pollution was not generated at home, but rather was transported from the Bay Area Air Quality Management District.

The Air Resources Board (ARB) adopted a new regulation, which will require local air districts to work more effectively at reducing the volume of smog forming air pollutants moving from one district to another. The changes require upwind districts to reduce air pollution impacts on downwind districts in conjunction with reducing smog levels at home. This means that a district coming close to meeting ozone standards at home cannot cut back on smog-fighting efforts, if its air pollution continues to impact a neighboring district. “These changes support the idea that neighboring air pollution control districts must work together to reduce emission sources under their jurisdictions—air pollution does not respect boundaries,” said ARB Chairman Dr. Alan Lloyd.

POTENTIAL CONSUMER PRODUCTS REGULATIONS

Due to population growth, the ARB expects statewide emissions from consumer products to increase. The emissions increase is projected despite the implementation of standards for consumer products by the year 2005. The agency has concluded that new measures are necessary in order to prevent emissions growth from overtaking achieved reductions.

New regulations will be developed to achieve a minimum emission reduction of five (5) tons per day starting in 2006. Reductions will be achieved by setting mass-based and possibly reactivity-based standards.

BACT LISTING UPDATE

The following are some of the BACT listings recently added to the guidelines for Major Sources (Part B of the BACT Guidelines):

Fiberglass operation for the manufacture of showers and spas: The “glassing room” containing nine spray booths and two resin storage tanks is vented to a zeolite concentrator and catalytic oxidizer with 91.9 % overall control efficiency.

Can manufacturing operation: The facility listed manufactures cans to be used for foodstuffs. A thermal oxidizer with 95% overall VOC control is used to control VOC emissions from coatings applied to can interiors. A UV coating system equivalent to or exceeding 95% overall control of VOC is used to apply exterior coatings to sheets used for can manufacture.

Aluminum melting furnace: Natural gas, low NOx, high efficiency burners are employed. The burner is equipped with a fuel injector designed to reduce the air/fuel mixing rate, thus lowering peak flame temperature and NOx. NOx at 3% oxygen was measured by source test at 50.1 ppmvd.

SCAQMD PROJECTS EMISSION REDUCTION SHORTFALL

The South Coast Air Quality Management District recently presented a draft Air Quality Management Plan. The plan is the District’s blue print on how it proposes to achieve clean air in the region.
District staff reported that maximum ozone concentrations as well as the number of days and population exposure exceeding federal standards have significantly decreased since 1990. In addition, the District reported a decrease in VOC and NOx emissions. The District reports that a large percentage of the emissions in the Basin (approximately 80%) come from sources (cars, trucks, consumer products) regulated by the state (Air Resources Board) and federal (Environmental Protection Agency) agencies.

In order to meet the federal ozone standard, a 50% reduction in VOC emissions (approximately 320 tons per day) and a 30% reduction in NOx emissions (approximately 200 tons per day) are needed by the year 2010.

EPA’S WHITMAN RESIGNS

In a meeting with President Bush, EPA’s Christie Whitman tendered her resignation as the agency’s Administrator.
Whitman’s resignation letter emphasized her guiding principle that “environmental protection and economic prosperity can and must go hand-in-hand.”

Among the accomplishments listed in the letter were:

• EPA’s actions to reduce pollution from nonroad diesel engines
• Water protection programs such as the cleanup of the Hudson River
• Reclamation of abandoned parcels of land
• Homeland security programs

Whitman’s letter stated “As rewarding as the past two-and-a-half years have been for me professionally, it is time to return to my home and husband in New Jersey, which I love just as you do your home state of Texas.” The resignation will be effective June 27th 2003.