The purpose of the proposed amendments is to delete Regulation 11, Rule 9 in its entirety and adopt, by reference, the California Air Resources Board Airborne Toxics Control Measure (ATCM) for Emissions of Ethylene Oxide Sterilizers and Aerators. The ATCM was amended on May 21, 1998 to consolidate federal and state monitoring and recordkeeping requirements so as to apply to the US EPA for a determination of equivalency with the National Emission Standards for Hazardous Air Pollutants for Ethylene Oxide Commercial Sterilization and Fumigation Operations. The deletion of the District rule, adoption of the ATCM and the expected equivalency determination will subject facilities to one set of standards for monitoring and recordkeeping requirements rather than three.

Major Requirements of the recently amended ATCM include:

• Specific Reporting and Recordkeeping requirements for all facilities
• Specific Ethylene Oxide Emissions Control and Compliance Requirements for facilities using more than 25 pounds per year of ethylene oxide (same as current District emissions limitations)
• Limitations on ethylene oxide in liquid discharges from sterilizers and aerators
• Compliance testing protocols for monitoring parameters for acid-water scrubbers, and catalytic and thermal oxidation abatement devices (for facilities using more than 2,000 pounds per year of sterilant gas)
• Monitoring requirements for all sterilizers and aerators using more than 2,000 pounds per year of sterilant gas
  

The District has determined that these amendments to Regulation 11, Rule 9 are exempt from provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to State CEQA Guidelines, Section 15061, subd. (b)(3). The amendments are administrative in nature, and do not in themselves affect air emissions from any sources or operations subject to the rule. It can therefore be seen with certainty that there is no possibility that these proposed amendments will have a significant environmental impact. The District intends to file a Notice of Exemption pursuant to State CEQA Guidelines, Section 15062.

If you have any questions or comments regarding the rule or would like to receive a copy of the ATCM, please contact Catherine Fortney, Air Quality Engineer, at (415) 749-4671 or by e-mail at cfortney@baaqmd.gov. You may also download the ATCM directly from the CARB website at www.arb.ca.gov/toxics/atcm/etoatcm.htm or review a copy of the District rule proposal and draft staff report at the District’s website at www.baaqmd.gov.