Regulation 9 Rule 10 establishes limits for emissions of nitrogen oxides (NOx) and carbon monoxide from boilers, steam generators, and process heaters at refineries. NOx emissions are a precursor to ozone or smog. The proposed amendments would make certain minor revisions to the rule to address deficiencies noted by US EPA in their limited approval/limited disapproval of the rule (66 Fed. Reg. 17078, March 29, 2001). The amendments add cross references in monitoring, source test, and recordkeeping sections of the rule to tie these enforcement provisions to the emissions standards that were submitted to EPA. The proposed amendments are intended to allow EPA to fully approve the rule into the California State Implementation Plan for the national ozone standard.

The District has determined that these amendments to Regulation 9, Rule 10 are exempt from provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to State CEQA Guidelines, Sections 15061, subd. (b)(3). The amendments are administrative in nature and can be seen with certainty to have no environmental impacts because they do not in themselves affect air emissions from any sources or operations subject to the rule. The District intends to file a Notice of Exemption pursuant to State CEQA Guidelines, Section 15062.

This notice, the proposed amendments to Regulation 9, Rule 10, a staff report, and EPA’s federal register notice are available on the District’s website at www.baaqmd.gov. Copies may also be requested by calling Greg Stone at (415) 749-4745. Written comments on the proposal should be directed to Greg Stone, Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, California 91409 or by e-mail to gstone@baaqmd.gov. Written comments must be received by the District prior to 5:00 p.m. on Monday, July 8, 2002.