NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT

REGULATION 3 - SECTION 3

RULE 3-100 - TITLE

AIRBORNE TOXIC CONTROL MEASURE FOR HEXAVALENT CHROME EMISSIONS FROM CHROMATE TREATED COOLING TOWERS

This regulation is adopted pursuant to the provisions of Section 93102, Titles 17 and 26, California Code of Regulations (CCR).

RULE 3-110 - PURPOSE:
On January 23, 1986, pursuant to Section 39662 of the Health and Safety Code, the Air Resources Board (ARB) identified hexavalent chromium as a toxic air contaminant for which there is not sufficient available scientific evidence to support identification of a threshold exposure level below which no significant adverse health effects are anticipated (see Title 17, California Code of Regulations, Section 93000). This airborne toxic control measure will reduce hexavalent chromium emissions from chromatic treated cooling towers and cancer incidence to the lowest level achievable through application of best available control technology at operations subject to this measure.

RULE 3-120 - APPLICABILITY:
This regulation shall apply to any person who owns, operates, or who plans to build, own, or operate, a cooling tower.

RULE 3-130 - DEFINITIONS:

1. COOLING TOWER: A device which evaporates circulating water to remove heat from a commercial process, building, or refrigerator, and transfers the heat to the ambient air.
   
   
2. DISTRICT: The local air pollution control district or air quality management district.
   
   
3. EFFECTIVE DATE: 180 days after the adoption of this rule by the District.
   
   
4. HEXAVALENT CHROMIUM AND CHROMATE: Substances identified as toxic air contaminants by the Air Resources Board.
   
   
5. MUST: Means a provision is mandatory, and may mean a provision is permissive.
   
   
6. OWNER/OPERATOR: The person or persons who owns or operates, or who plans to build, own, or operate, a cooling tower.

RULE 3-200 - PERMITS:
Any owner or operator of an existing cooling tower shall file an application for an Authority to Construct with the District. The application shall be filed with the District within 90 days of rule adoption the applicant shall pay the fees as specified in Rule 3-30 - Fees.

RULE 3-300 - FEES:

1. INITIAL FEES:
   
   
   1. Every applicant for an Authority to Construct at any existing cooling tower as required by this regulation shall pay an initial application fee of $100 at the time of the filing of the application unless such cooling tower is already charged an application fee pursuant to Regulation I, Rules 300 and 310.
      
      
   2. Every applicant for an Authority to Construct a new existing cooling tower as required by this regulation shall pay an initial application fee of $100 at the time of the filing of the application unless such cooling tower is already charged an application fee pursuant to Regulation I, Rules 300 and 310.
      
      
2. ANNUAL RENEWAL FEE: On July 1, and each July 1 thereafter, all holders of a Permit to Operate shall be notified by the District of the annual permit renewal fees of $50 per cooling tower, unless such cooling tower is already charged annual renewal fees per Regulation I, Rules 300 and 310.
   
   
3. TRANSFER OF OWNERSHIP: Where an application is filed for a Permit to Operate any cooling tower by reason of transfer of owner, and where a Permit to Operate has been previously granted under Rule 3-200, and no modifications to the facility have been made, the applicant shall pay a $10 transfer fee.
   
   
4. ALTERATION OF EQUIPMENT: Where an application is filed for an Authority to Construct or a Permit to Operate exclusively involving revisions to the conditions of an existing Authority to Construct or Permit to Operate or involving alterations or additions resulting in a change to any existing cooling tower holding a permit under the provisions of this regulation, the permit fee shall be recalculated to show any rating changes and pro-rated for the balance of the annual permit period.
   
   
5. DUPLICATE PERMIT: A request for a duplicate Permit to Operate shall be made in writing to the District within 10 days after the destruction, loss or defacement of a Permit to Operate and shall contain the reason a duplicate is being requested. A fee of $10 shall be paid for a duplicate Permit to Operate.
   
   
6. LATE FEE PENALTY: If any cooling tower is constructed or operated without the owner or operator obtaining an Authority to Construct in accordance with Rule 3-200, the applicant shall be assessed a late fee penalty which is one and one-half times the applicable initial fee. The assessment of a late fee penalty shall not limit the District's right to pursue another remedy provided for by law.

RULE 3-400 - HEXAVALENT CHROMIUM CONTROL MEASURE FOR COOLING TOWERS

1. Within 90 days of rule adoption every Owner/Operator of a cooling tower shall provide the following information to the District:
   
   
   1. Location of cooling tower(s).
   2. Owner/Operator of cooling tower(s).
   3. Whether or not Owner/Operator use hexavalent chromium.
   4. When Owner/Operator stopped or plan to stop the use of hexavalent chromium.
      
      
2. Every Owner/Operator of a cooling tower where hexavalent chromium is or has been used shall do the following:
   1. Stop any further addition of hexavalent chromium containing compounds to the cooling tower circulation water after the effective date of this rule.
   2. Within 180 days after the District adopts this rule, the hexavalent chromium concentration in the cooling tower circulating water shall be less than 0.15 milligrams hexavalent chromium per liter of circulating water and shall be maintained below 0.15 milligrams per liter thereafter.
   3. Test the circulating water to determine the concentration of hexavalent chromium every six months. Testing must continue until 2 consecutive required tests show hexavalent chromium concentrations to be below 0.15 milligrams per liter of circulating water. The District may require testing to resume if the District has information circulating water may contain hexavalent chromium.
   4. Keep the results of all required tests of circulating water for two years, and give them to the District when asked.
   5. Owner/Operators who have wooden cooling towers that are exposed to hexavalent chromium containing compounds shall be exempt from the requirements of subsection (b)-2 above for a period of 180 days if all of the following conditions are met:
      1. Comply with all other requirements of the rule.
         
         
      2. Notify the District that you have a wooden cooling tower exposed to circulating water and that you plan to take advantage of this section.
         
         
      3. Test circulating water to determine hexavalent chromium on a monthly basis. (d) Show a decrease in hexavalent chromium concentrations in circulation water.
         
         
      4. Hexavalent chromium concentrations must not exceed 8 milligrams per liter of circulating water.
         
         
      5. Keep the test results of circulating water for a period of two years and submit them to District upon request.
         
         
3. Every Owner/Operator of a cooling tower who has never used hexavalent chromium compounds within one year prior to the effective date of this rule, may petition the Air Pollution Control Officer for an exemption from the testing requirements of this rule. The District may require the testing of the circulating water at any time, if the District has information that the circulating water may contain hexavalent chromium.

RULE 3-500 - TESTING METHOD
Hexavalent chromium concentrations in circulating cooling tower water shall be determined by use of American Public Health Associated Method 312B, or an equivalent method approved by the District. This method is printed in Standard Methods for the Examination of Water and Wastewater, Sixteenth Edition, published by the American Public Health Association.