SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT COMPLIANCE DEPARTMENT COM 2293 APPROVED: DATE: April 3, 2012 Morgan Lambert Director of Compliance TITLE: SUBJECT: RULE 4694 WINERY FERMENTATION AND STORAGE TANKS INSPECTION FOR VOC EMISSIONS OF TANKS INVOLVED IN THE FERMENTATION AND BULK STORAGE OF WINE. OBJECTIVE: To establish uniform District policies and procedures for implementation of Rule 4694 Winery Fermentation and Storage Tanks. PURPOSE: To minimize fugitive VOC emissions from winery fermentation and bulk wine storage tanks. The emission requirements of the rule adopted December 15, 2005 applies to wineries that had Baseline Fermentation Emissions 10 tpy VOC. Later phases of the rule will regulate smaller wineries (those who approximately produce <10 million gallons of wine per year). POLICY STATEMENT: District staff will enforce Rule 4694 and permit conditions pertaining to the discharge of VOCs from wine fermentation and bulk storage tanks. Failure to comply with the requirements of this rule is a violation and may subject the source to enforcement action. The rule requires the submittal of a Three-Year Compliance plan and updates, installation of VOC emissions controls in some cases, periodic operator monitoring and recordkeeping, and also outlines required emissions reductions. Individual sources may have conditions on their permits that are less restrictive or more restrictive than those described in Rule 4694. However, sources will be held to those applicable rules, regulations, or conditions that are most restrictive, unless otherwise described by policy. PROCEDURE: I. Follow general inspection procedures and guidelines, as defined in COM 2020 INSPECTIONS, to prepare for and conclude the inspection. 1 P a g e
II. Facility record review in-house. Before you conduct the inspection, confirm receipt of the latest plans received by Permit Services on the District s AirNet under Compliance Rule 4694 Winery Plan submittals. You can also find historical submittal dates on the Central shared drive under Intranet_Files\COM\Winery, and actual plans in PAS documents filed as Compliance Submittals, if needed. A. The various plan due dates are specified in the Compliance Schedule in Section 7.0 of the rule. Submitted plans are reviewed for content by Permit Services staff. Issue an NOV for failure to submit, or for late submittals. 1. Confirm timely submittal of the latest Three-Year Compliance Plan, due every 3 years and no later than December 1 st of the submittal year. 2. Confirm timely submittal of the latest Three-year Compliance Plan Verification, due every 3 years and no later than July 1 st of the submittal year. 3. Confirm timely submittal of the latest Annual Compliance Plan Demonstration (ACPD), due annually and not later than March 1 st, as specified in Table 1 of Section 7.0. Note - this date takes precedence over the conflicting date found in Section 6.3 of the rule. The Feb 1 st date may also appear in the conditions on the facility-wide PTO for facilities subject to the rule. Permit Services has administratively changed the date to March 1 st on all PTOs, but if you find one with the Feb 1 st date, create a Change Order to make the correction. Additionally, facilities will be including calculations in their ACPD that show the Uncontrolled Fermentation Emissions (UFE), the Baseline Fermentation Emissions (BFE) and the Required Annual Emissions Reductions (RAER). If the UFE are greater than the BFE, then the RAER needs to be 35% of the UFE for the year covered by the ACPD. If the RAER isn t at the needed level, then additional RAER must be obtained. The deadline for the additional RAER submittal is May 1 st of the year of the ACPD, not April 1 st as stated in Section 6.3.7.2 of the rule. Since the dates conflict in the rule, the May 1 st date specified in Table 1 of Section 7.0 shall be utilized for the purpose of implementing and enforcing the additional RAER requirement where necessary. 4. Determine from their latest 3 Year Compliance Plan, if Certified Emission Reductions (CERs) were used to mitigate fermentation emissions, and if any records are required to be kept on site, as per section 6.4.3. (If records were required, most likely they were 2 P a g e
required to be submitted with Plan Demonstrations, and will not need to be reviewed again during the compliance inspection.) State in your inspection report what CERs are being used and if records are required, for the benefit of future inspections. III. Facility Inspection (wineries with Baseline Fermentation Emissions (BFE) 10 tpy VOC). A. Review Monitoring and other records at the facility. 1. Each fermentation batch for each permitted unit by wine type. a. Total gallons of fermented must. b. Uncontrolled fermentation emissions. c. Fermentation emission reductions. 2. Each wine storage tank weekly. a. Total gallons of wine in tank. b. Maximum temperature of contents. 3. Review records of CERs required by the Three Year Compliance Plan, if applicable. 4. If limited by PTO condition to BFE of less than 10 tons per year, review records of annual total gallons of red wine and annual total gallons of white fermented and total gallons of wine in storage tanks. Records submitted to the U.S. Government can suffice provided the volumes of each are specified. B. Obtain a list of tanks >250 gal, used for wine fermenting and/or wine storage, or other organic liquid storage. (Rule 4694 defines wine storage tank as >250 gallons, Rule 2020 exempts organic liquid storage 250 gallons.) 1. Exemptions a. Wineries with <10 tpy VOC BFE are exempt from the rule (except for possible recordkeeping), and their associated wine fermentation, wine storage and organic liquid tanks >250 gallons are currently exempt from permitting as per PSD s determination (even though Rule 2020 may not specifically exempt all of these tanks). b. Tanks >250 gallons storing organic liquids require a PTO, but may not be subject to the leak requirements of Rule 4623- Storage of Organic Liquids, as per Sec. 4.1.4 exemption of that rule- Tanks used in wine fermentation and for storage of resulting products, by-products and spirits. c. Rule 4694 does not apply to vats/tanks made primarily of wood or concrete. d. Ethanol/ spirits tanks are not subject to Rule 4694. If permitted as an In-House PTO an ethanol/spirits tank might 3 P a g e
only be subject to nuisance unless NSR leak requirements apply. e. Note-Some tanks can be used alternately as fermenters or for wine storage. 2. Determine tank status and contents. Permits required for tanks: a. Undergoing must-fermentation to wine. b. Undergoing wine post-fermentation processing c. Used for wine storage. d. Storing non-wine organic liquid, i.e. ethanol or spirits. e. Issue NOV for unpermitted tanks that require permits. C. Inspect permitted tanks according to Rule 4694 and PTO requirements. 1. Tanks for ethanol/ spirits or other storage. 2. Wines tanks undergoing fermentation a. Hatches may be open. b. No need to test for leaks at PVRV. c. Document PVRV installed if tank is ever used to store wine 3. Wine tanks undergoing post-fermentation/finishing processing a. These processes occur within the 60-day period after end of fermentation. b. Processes include but are not limited to racking, fining, filtration, centrifugation, ion exchange, tartrate stabilization and malolactic fermentation. c. Hatches may be open. d. No need to check for leaks at PVRV. e. Document PVRV installed if tank is ever used to store wine. 4. Wine tanks 5000 gal and undergoing wine storage. a. Sec. 5.2.1 (PVRV and gas-tightness and temperature limit) is specific to wine storage, and interpretations made in conjunction with Rule Development staff and their reports conclude that the provisions of the section will only be applicable starting 60 days following the completion of fermentation, i.e. after post-fermentation processing has ceased. b. Import wines are those produced offsite and arrive at the facility ready for storage. c. Inspect all tanks used for wine storage. d. Record tank temperature - tank contents must be 75 F. If the storage tank wine temperature is >75 - an NOV should be issued. e. Tank hatches must be closed and tanks gas-tight (open hatches circumvent the purpose of required PVRV). If the gauge hatch on the tank is open, an NOV should be issued. f. Gas leak is >1,000 ppmv, measured as per EPA Method 21. An NOV should be issued for tanks with gas leaks. 4 P a g e
g. PVRV should be sized to accommodate the changing tank pressures resulting from wine transfers between tanks, such that the hatch can remain closed. Valve must be permanently labeled with the operating pressure settings. Issue an NTC for firsttime violation of failing to have a permanent label. If a PVRV is not installed on the tank as required, an NOV should be issued. h. Team approach recommended when large # of tanks to inspectuse multiple tank inspection form. Check all storage tanks. i. One inspector utilizes the hydrocarbon analyzer (see Compliance Policy COM 1151 for operation instructions for each analyzer, and for field calibration as requested by source), and j. The other inspector monitors the tank list, records tanks checked, records leaks, and takes notes as required. D. Check for other unpermitted equipment 1. Boilers 2. Gasoline Tanks 3. Emergency generators E. Additional Enforcement Guidance for tanks used for wine storage. 1. Recordkeeping violations- an NTC may be appropriate for minor recordkeeping violations in accordance with Rule 1180 and Compliance Policy COM 1170. If an NTC is not appropriate, an NOV should be issued. 2. Table 1 of Section 7.0 deadlines take precedence if a conflicting date is specified in the rule. 3. FYI- Table 1 Rule Compliance Schedule in Section 7.0 contains two incorrect section references. The reference to Section 6.1.5.3.4 should be 6.1.5.3.5 and Section 6.3.5.2 should be 6.3.7.2. IV. Variations, Deviations, and Amendments: A. Variations, deviations, and/or amendments, including one-time deviations and special case circumstances, from this policy and/or the work practice standards specified therein require the authorization and approval of the Director of Compliance, or the designee thereof. B. Permanent changes to this policy and/or the work practice standards specified therein require the revision and re-approval of this policy. Revisions to policies 5 P a g e
and procedure documents must follow the established process as defined in the Policies and Procedures Revision Process policy. V. Please be aware that it is not possible to have a policy that covers every specific scenario, so when in doubt contact your manager or supervisor for guidance. 6 P a g e