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Imation
District Covenant
IMATION CAMARILLO COVENANT
TABLE OF CONTENTS
A. Applicability and Purpose
B. Project Description
C. Principal Imation Camarillo Responsibilities --Emission Caps and Pollution PreventionD. Covenant Glossary
II.MONITORING, RECORDKEEPING, AND REPORTING
A. Air Emissions
B. Water Discharges
C. Multi-Media Pollution Prevention
D. Emergency Response Reporting
E. Compliance Certification
III. LIMITATIONS ON RELEASES AND POLLUTION PREVENTION
A. Air Emissions
B. Materials Management, Planning, and Handling
C. Waste Management
IV. ENVIRONMENTAL MANAGEMENT SYSTEM
V. EFFECTIVENESS AND TERM OF COVENANT
VI. ADMINISTRATION OF COVENANT
A. Enforcement
D. New Regulations
E. Modifications, Renewals, and Rescission
Attachment 1 Determination of Air Emissions 1-1
Attachment 2 Banking of Additional Reductions 2-1
Attachment 3 Imation Environmental Management System Criteria 3-1
Attachment 4 Applicable Regulations and Requirements Replaced by Covenant 4-1
Attachment 5 Air-Emissions Related Regulations and Requirements NotReplaced by Covenant 5-1
Attachment 6 Non Air-Emission Related Regulations and Requirements Not Replaced by Covenant 6-1
Attachment 7 Public Notification/Permit Modification Requirements 7-1
Imation Camarillo Covenant
This Covenant is entered into between and among the United States Environmental Protection Agency ("USEPA"), the California Environmental Protection Agency ("CalEPA"), the Ventura County Air Pollution Control District ("Ventura APCD"), the Ventura County Air Pollution Control Officer ("Ventura APCO"), and Imation Corp. ("Imation") to carry out a pilot project as part of several State and Federal initiatives such as CalEPA-USEPA's Harmonization effort, California's Permit Consolidation Zones and USEPA's "Project XL" program. CalEPA and USEPA are working to increase clarity and efficiency of the regulatory efforts of the two agencies, to strengthen partnerships, and reflect the changes that have been occurring. Addressing air, water, waste, and multi-media issues, the spirit of the Harmonization effort is consistent with the overarching goals of this Covenant. As outlined by USEPA in the Federal Register on May 23, 1995, the XL pilot project is part of an approach "designed to demonstrate that environmental goals can best be achieved by providing regulatory and policy flexibility while maintaining accountability, that flexibility can also provide greater protection at lower cost, that better decisions result from a collaborative process with people working together, and that environmental solutions are often achieved by focusing efforts at the facility or place where protection is being sought." 60 Fed. Reg. 27283. This XL Project while complying with the underlying statutes "will involve the exercise of regulatory flexibility by EPA in exchange for a commitment on the part of the regulated entity to achieve better environmental results than would have been attained through full compliance with all applicable regulations." See id.
The Covenant is not legally enforceable by USEPA until after the site specific rulemaking promulgated in the Federal Register, by Ventura APCD until adopted as a site specific APCD Rule, or by any other Agency unless an appropriate rulemaking or government action is completed. See Parts V and VI of this Covenant. Prior to these times, the Covenant constitutes a statement of the signatories' intent and is not to be construed as a regulatory action or binding contract. However, after portions of the Covenant (or the Environmental Management System) become legally enforceable they will operate in lieu of rules or regulations identified in Attachment 4 and rules and regulations identified in USEPA's site specific rulemaking.
A. Applicability and Purpose.
The provisions of this Covenant or modifications thereto shall apply to all present and future activities, operations, waste management, equipment, and other facilities located at 300-350 S. Lewis Rd., Camarillo, California (AImation Camarillo").
Under the terms of this Covenant, Imation Camarillo will operate in compliance with the requirements set forth below. The purpose of this project is to replace or modify applicable regulatory requirements with alternative strategies that will assure compliance with the applicable statutes and result in better environmental performance. The requirements affected by this project implement provisions of the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Emergency Planning and Community Right-To-Know Act, and the California Health and Safety Code, in lieu of specified performance and technology requirements of regulations issued under those statutes.
Attachment 4 to the Covenant lists the regulatory requirements that will be modified or replaced by the terms and conditions that are described in this Covenant. Attachment 5 identifies other regulations and requirements under the Clean Air Act and Ventura County APCD which are not modified or replaced by this Covenant and with which Imation Camarillo must continue to comply. Attachment 6 identifies applicable requirements from other environmental statutes which are not modified or replaced by this Covenant and with which Imation Camarillo must also continue to comply. This Covenant does not replace the applicable provisions of any Federal or California statutes. Imation Camarillo will remain subject to all regulations not specified in Attachment 4 whether or not they are explicitly identified in Attachments 5 or 6.
The purpose of this XL Project is (1) to provide performance-based limitations, where applicable, that assure environmental performance beyond regulatory requirements, (2) to provide maximum operating flexibility to Imation Camarillo, (3) to assure an appropriate, enforceable monitoring system, and (4) to streamline and modify reporting requirements to ensure they are understandable by the public, while still providing useful information to the regulatory agencies.
B. Project Description
Imation's Data Storage Products facility in Camarillo, California was established by Minnesota Mining and Manufacturing Company ("3M") in 1963, and was owned by 3M until July 1, 1996. At that time, control was transferred to the newly created spin-off company and current owner, Imation. The facility manufactures magnetic data storage cartridges for the computer industry and currently employs approximately 700 people. Magnetic tape manufacturing is a fast-paced, high-tech operation that requires frequent changes to plant operations, and significant changes at Imation Camarillo are anticipated in the near future. The flexibility provided by this Covenant will facilitate growth of Imation Camarillo, while ensuring superior environmental performance.
Imation Camarillo has been a responsible contributor to the community. Imation Camarillo provides jobs and support for the local economy, while still demonstrating a record of superior environmental stewardship and innovation, as evidenced by the numerous awards and recognitions received. Over the past decade, Imation Camarillo has invested millions of dollars worth of pollution abatement and recovery technology to reduce its impact on the surrounding community to a level well below what is currently required. Imation Camarillo also plans to continue the facility's current practice of soliciting stakeholder groups' input on decisions that directly affect the community. In the past, 3M has worked with the neighboring residents and industries to develop and implement innovative, creative programs that both encourage pollution reduction and provide resources to the community. One example is the establishment of the Ventura County Clean Air Fund that was initially funded by emission reduction credits created through 3M's reduction of ROC emissions to levels substantially below regulatory requirements.
The cornerstone of Imation's Project XL proposal is implementation of the steps described in this "Beyond Compliance" Covenant, under which the Imation Camarillo facility must demonstrate environmental performance beyond that required by existing environmental requirements. In exchange for this enhanced environmental performance, Imation Camarillo will be given flexibility to make changes in operations without first undergoing agency review, provided the changes conform to Covenant requirements. Project XL creates the mechanism for agencies and the regulated community to achieve an appropriate balance between environmental performance and economic benefit. This Covenant also encourages pollution prevention and gives the community greater access to information regarding facility operations through simplified reporting.
C. Principal Imation Camarillo Responsibilities--Emission Caps and Pollution Prevention
1. Imation Camarillo will achieve performance-based limitations beyond existing regulations for the principal regulated pollutant by complying with an emission cap of 150 tons per year of reactive organic compounds ("ROC"), as provided in Part III of the Covenant.
2. Imation Camarillo will achieve performance-based limitations for community health protection by conducting tiered health risk assessments and complying with Covenant limitations on emissions and handling of hazardous air pollutants ("HAPs"), as provided in Part III of the Covenant. Health risk reduction measures will be implemented if necessary.
3. Imation Camarillo will report on an annual basis the results of pollution prevention measures taken at the facility including all measures taken since 1990.
4. Imation Camarillo will operate an environmental management system ("EMS") to assure compliance with this Covenant and to work towards continuous improvement of environmental management at the site.
D. Covenant Glossary
Agency(ies) - The USEPA, CalEPA, DTSC, Ventura APCD and/or the Ventura County Environmental Health Division.
BACT - Best Available Control Technology for control of air pollutant emissions as defined by Ventura Air District Regulation II, Rule 26.1, Section 3 [ver. 2/13/96].
CalEPA - The California Environmental Protection Agency.
CERCLA - The Federal Comprehensive Environmental Response, Compensation, & Liability Act.
Clean Water Act - The Federal Water Pollution Control Act.
CO - Carbon Monoxide (an air pollutant).
Covenant - This document including all Attachments.
DTSC - The California Department of Toxic Substances Control, part of CalEPA.
EMS - Environmental Management System developed and implemented for Imation Camarillo under Part IV of this Covenant.
EPCRA - The Federal Emergency Planning & Community Right-to-Know Act.
FTIR CEMS - Continuous Emission Monitor System (CEMS) Using Extractive Fourier Transform Infrared (FTIR) Spectrometry, described more fully in Attachment 1 of this Covenant.
HAPs - Hazardous Air Pollutants listed under Section 112 of the Federal Clean Air Act (a class of air pollutants).
Imation - Imation Corp.
Imation Camarillo - Imation's Data Storage Products facility in Camarillo, California.
MACT - Maximum Achievable Control Technology under Section 112 of the Federal Clean Air Act.
Major - An emissions unit that emits 10 tpy or more of any one HAP, Emissions Unit or 25 tpy or more of two or more HAPs. of HAPs
NESHAP - National Emission Standard for Hazardous Air Pollutants under Section 112 of the Federal Clean Air Act.
NOx - Nitrogen Oxides (a class of air pollutants).
NSPS - New Source Performance Standard under Section 111 of the Federal Clean Air Act.
PM - Particulate Matter (a class of air pollutants), as defined by Ventura APCD Regulation I, Rule 2 [ver. 5/23/72].
Project XL - A USEPA program encouraging new approaches to environmental regulation that promote environmental performance better than that under existing regulations.
RCRA - The Federal Resource Conservation & Recovery Act.
ROC - Reactive Organic Compounds (a class of air pollutants) as defined by Ventura APCD Regulation I, Rule 2 [ver. 4/9/96].
SO2 - Sulfur dioxide (an air pollutant).
SPCC - Spill Protection Control and Countermeasures under Section 311 of the Federal Clean Water Act and implemented by Chapter 6.67 of the California Health and Safety Code.
TACs - Toxic Air Contaminants under Part Six (commencing with Section 44300) of the Air Resources Division of the California Health and Safety Code.
Title V - Title V of the Federal Clean Air Act, requiring federal operating permits.
USEPA - The United States Environmental Protection Agency.
Ventura APCD - The Ventura County Air Pollution Control District.
Ventura APCO - The Ventura County Air Pollution Control Officer.
II. MONITORING, RECORDKEEPING, AND REPORTING.
A. Air Emissions
1. Actual emissions of ROC, NOX, CO, PM, SO2, HAPs, and TACs from Imation Camarillo shall be determined by the procedures set forth in Attachment 1 and the EMS. These methods should be based on EPA approved methods.
2. Upon installation of new equipment, the Ventura APCD shall approve Imation Camarillo's emission calculation methods. Methods may be changed by mutual agreement between the Ventura APCD and Imation.
3. Imation Camarillo shall report air emissions of ROCs, NOX, CO, PM, SO2, HAPs, and TACs for each month within thirty days of the end of the month. The report shall be based on the procedures set forth in Attachment 1 and the EMS. Imation Camarillo shall continue to comply with reporting requirements in California's Air Toxics "Hot Spots" Information and Assessment laws under Sections 44300-44394 of the Health & Safety Code (AB 2588).
4. Notification of Changes to Existing Sources/New Installations-The Covenant authorizes Imation Camarillo to install and operate new and modified emission units, equipment, and facilities, provided Imation Camarillo:
a. Notifies the Ventura APCD in writing before constructing any new unit, equipment, or facility, or modification to an existing unit, equipment, or facility which causes a change in emissions calculation procedures (including monitoring procedures) in the EMS. The notification should identify the nature of the construction and the expected emissions from such construction.
b. Does not exceed the ROC, NOX, CO, PM, and SO2 emission caps specified in Part III of this Covenant;
c. Continues to comply with and account for new or increased emissions in the compliance measuring and reporting requirements described in Attachment 1 and the EMS; and
d. Conducts internal BACT review for any new process equipment, using procedures set forth in the EMS.
i. For new, non-magnetic tape major emission units of HAPs, Imation Camarillo will perform a BACT analysis for HAP emissions. The implementation of BACT for such unit must result in the same level or less of HAPs emissions than would be required under the applicable standard or requirement under section 112 of the Clean Air Act.
ii. Imation Camarillo will install all control equipment required by the internal BACT reviews within 6 months from the date Imation Camarillo commences construction of the new process equipment.
B. Water Discharges
1. The general management standards in Imation Camarillo's EMS will implement the SPCC requirements under Section 311 of the Clean Water Act.
2. Imation Camarillo will continue to comply with the Storm Water Discharge Management and Permitting requirements of Section 402 of the Clean Water Act and California provisions administering this program.
C. Multi-Media Pollution Prevention
1. Imation Camarillo shall report the results of pollution prevention measures taken at the facility on an annual basis since 1990. The waste ratio, as defined by the following formula, shall be calculated and reported.
Waste Ratio = EW
EW + EB + EP
Where: W = Waste, all media, in pounds.
B = Byproducts in pounds.
P = Product in pounds.
2. Imation has prepared a waste minimization plan pursuant to the California Hazardous Waste Source Reduction and Management Act (SB14) and will provide copies of this plan to any person making a request.
D. Emergency Response Reporting
Discharges in compliance with the Imation Covenant and approved portions of the EMS shall not require release reporting pursuant to Section 103(a) of CERCLA and emergency notification requirements under Section 304(a) of EPCRA. However, Imation Camarillo shall comply with these reporting provisions for all other releases.
E. Compliance Certification
Any report submitted under the terms of this Covenant, or the EMS, that contains information which, under regulatory or statutory requirements, requires certification by a responsible official or other official charged with certification responsibilities, will be certified by the appropriate official.
III. LIMITATIONS ON RELEASES AND POLLUTION PREVENTION
A. Air Emissions
1. Emission Standards.
a. Imation Camarillo shall be subject to emission caps of 150 tons per year of ROC, 8.34 tons per year of NOX, 30 tons per year of CO, 15 tons per year of PM, and 15 tons per year of SO2 on a rolling twelve month basis.
If Imation Camarillo proposes to emit in excess of the emission caps, Imation Camarillo shall be subject to Ventura APCD's Rule 26 and shall provide offsets for any increases of any amount above any of these caps if it emits in excess of the emission caps.
However, if a control device is installed that causes collateral emission increases such emissions will not be included in calculating the emissions cap. Imation Camarillo shall remain subject to providing offsets for these collateral emissions and shall provide recordkeeping and monitoring requirements to document collateral emissions.
b. The limit on ROC emissions accepted in this Covenant has resulted in a reduction of Imation Camarillo's authorization to emit of at least 113 tons per year, including emissions reductions attributed to Imation Camarillo prior to this Covenant. The Ventura APCD is certifying this emission reduction and upon approval of the Covenant by the APCD governing board, is issuing one or more Emission Reduction Credit Certificates to Imation Camarillo for a total of 113 tons per year of ROC.
Imation policy prohibits profiting from the sale of emission reduction credits ("ERCs"). However, Imation believes the credits have great value for the community. Therefore, Imation will voluntarily give up its rights under these ERCs in order to donate all of the 113 tons per year of the ERCs for use in innovative and creative manners that benefit the environment and community of Ventura County. This donation is intended for the good of the community, and is in no manner required consideration. Of the 113 tons per year of ERCs, Imation Camarillo will donate 55 tons per year to the Ventura County Community Foundation, which will distribute the ERCs to (a) community organization(s) selected by the Project XL Stakeholders group. This Project XL Stakeholders group will be formed at the direction of the Air Pollution Control Board. Imation will donate the remaining 58 tons per year to the Ventura APCD. Imation may elect to create future ROC emission reduction credits by lowering the ROC emission cap in accordance with the procedure in Attachment 2.
c. Imation Camarillo shall comply with the requirements of the Ventura APCD Air Toxics "Hot Spots" Program implementing Sections 44300-44394 of the California Health and Safety Code (AB 2588). In addition, for additions or increases of HAP or TAC emissions, Imation Camarillo will perform a tiered health risk assessment. Health risk reduction measures will be implemented if necessary.
d. Whenever at least one coater is operating, the emissions control system shall reduce total emissions of ROC and total emissions of HAPs (excluding HAPs which are PM), as measured in the solvent laden air duct, by at least 95% based on a 72-hour rolling average, before release to the atmosphere. Additionally, when no coaters are operating and other emission units are being vented to the solvent recovery unit (SRU), the SRU shall be in operation. The procedures for this subsection will be specified in Attachment 1.
e. Any magnetic tape production equipment at Imation Camarillo will be subject to the NESHAP magnetic tape particulate standards at 40 C.F.R. Section 63.703(d), and the accompanying monitoring, recordkeeping, and compliance requirements.
2. Imation Camarillo shall continue to comply with requirements for prevention of accidental HAPs releases under Section 112(r) of the Clean Air Act. However, Imation Camarillo anticipates proposing amendments to this Covenant to take into account new state legislation and USEPA delegation of the Section 112(r) program to state and local authorities.
3. Imation Camarillo shall pay fees to the Ventura APCD in accordance with the "Memorandum of Understanding" mutually agreed upon by the Ventura APCD and Imation Camarillo.
B. Materials Management, Planning, and Handling
1. The elements created by the EMS, when approved by the appropriate Agency(ies) comply with the requirements for Business Plans under Sections 25501-25520 of the California Health and Safety Code, Risk Management and Prevention Programs required by Sections 25531-25543.2 of the California Health and Safety Code, and federal counterparts under EPCRA.
2. Imation Camarillo shall continue to comply with Stratospheric Ozone Protection requirements under Title VI of the Clean Air Act.
C. Waste Management
1. Imation is applying for a variance from the DTSC pursuant to the California Hazardous Waste Control Law. The variance will cover the following activities, which are not subject to RCRA:
a. the automated grinding of solid or semi-solid hazardous wastes generated on-site; and
b. the handling of commercial chemical products that will be reclaimed.
2. The DTSC and Imation may act to amend the variance without further revisions to the Covenant.
IV. ENVIRONMENTAL MANAGEMENT SYSTEM
A. Imation Camarillo will develop and operate an environmental management system ("EMS"), the parameters of which are set forth in Attachment 3. Imation Camarillo will operate and maintain its facility consistent with the EMS. This EMS will:
1. assure that the requirements of this Covenant are met by Imation Camarillo;
2. assure that the material handling and incident response procedures at the facility are consistent with USEPA and California procedures and updated regularly;
3. assure that information on facility emissions and discharges is provided to the community;
4. verify that the EMS is being followed to assure that the Covenant is met; and
5. verify continued improvements in environmental management by Imation Camarillo.
B. The EMS for Imation Camarillo will include one plan for the following prevention, preparedness, and management procedures:
1. spill prevention control and countermeasure planning;
2. oil and hazardous substance emergencies;
3. material management and storage;
4. spill and incident plans;
5. personnel training, preparedness and prevention, and contingency planning; and
6. start-up, shut-down, and upsets.
C. The EMS will also contain:
1. a process for conducting tiered health risk assessments;
2. provisions for Imation Camarillo internal BACT analysis, including review of recordkeeping, monitoring, and reporting requirements;
3. operational requirements for the solvent recovery unit ("SRU") control system whenever activities that emit ROC and non-PM HAPs are ducted to the SRU;
4. procedures for notifying Ventura APCD of new or modified emission units, including non-magnetic tape operations that are major sources of HAPs emissions; and
5. detailed and general monitoring, recordkeeping, and reporting procedures for every emissions limitation that is part of the EMS or the Covenant, including procedures for measuring and reporting new or increased air emissions, monthly air emissions reports, and procedures applicable to particulate NESHAP standards for magnetic tape processes.
D. The EMS will be subject to an annual audit, the results of which will be reported to the stakeholders to verify the observance of the EMS program at Imation Camarillo.
E. Any provision of the EMS that is necessary to implement or assure compliance with the conditions and terms of this Covenant (including monitoring requirements for new or modified units) or to meet statutory requirements for reporting shall be reviewed and approved by the appropriate Agency(ies). Until Imation Camarillo obtains approval of the relevant segment of the EMS, the initial conditions in Attachment 1 or the existing regulatory or permit requirements will remain applicable to the facility.
F. After an element of the EMS is approved by the appropriate Agency(ies), as provided in Part IV.E, it will become an enforceable part of the Covenant, and be incorporated by reference into Attachment 1. During the 18month transition period, Imation Camarillo will comply with the initial requirements in Attachment 1 until those requirements are replaced by approved segments of the EMS.
V. EFFECTIVENESS AND TERM OF COVENANT.
A. The Ventura APCD governing board will consider adopting applicable portions of the Covenant as a site-specific rule for Imation Camarillo following the Ventura APCD's approval procedures. Upon approval by the Ventura APCD governing board, these portions of the Covenant will operate in lieu of all District regulations listed in Attachment 4 for Imation Camarillo and constitute a site-specific amendment for Imation Camarillo of all Ventura APCD air plans. The Ventura APCD governing board will also consider approving the site-specific rule together with Attachment 1 and Attachment 5 of the Covenant as a Title V permit and Permit to Operate for Imation Camarillo. The Title V permit shall not become effective until the effective date of USEPA's site specific rulemaking under part V.C.
The Ventura APCO will sign the Covenant, as authorized and directed by the Ventura APCD governing board. Upon signing, the site-specific rule together with Attachment 1 and Attachment 5 of the Covenant will constitute a Ventura APCD Permit to Operate for Imation Camarillo.
B. USEPA will propose to approve applicable portions of the Covenant, with additional site specific rule provisions necessary to meet federal requirements and/or the intent of Project XL guidelines, as part of a site-specific rulemaking and SIP amendment applicable to Imation Camarillo. If approved by USEPA, the site specific rulemaking will operate in lieu of all USEPA regulations listed in Attachment 4, and constitute a site-specific amendment of the Ventura portion of the California State Implementation Plan under the Federal Clean Air Act. USEPA will act on the site specific rulemaking through the following procedures:
1. USEPA will simultaneously publish in the Federal Register a direct final rule and a notice of proposed rulemaking within 60 days of a complete submittal by the California Air Resources Board, or its delegate, of the Ventura APCD site specific rule.
2. USEPA's final action will be effective 60 days from the date of publication in the Federal Register if no adverse or critical comments are received by within 30 days of publication of the proposal. If the effective date is delayed, a timely notice will be published in the Federal Register.
3. If adverse or critical comments are received, USEPA will respond to those comments, publish the final rule, as appropriate, within 60 days after the close of the comment period, and the site specific rulemaking will become effective for the purposes stated in this Part V.B 30 days after publication of the final rule.
C. Input from identified stakeholders and other members of the public will be solicited during review, approval, and implementation of this Covenant. Public participation will include a public workshop, public notice, and a public hearing prior to approval of the Covenant by the Ventura APCD and USEPA.
D. The term of this Covenant extends five years after the effective date of USEPA approval under Part V.B above.
VI. ADMINISTRATION OF COVENANT
A. Enforcement
1. Each term of this Covenant becomes enforceable by each agency party in the same manner as the statutes and regulations the agency administers, as follows:
a. Upon Ventura APCD governing board's approval of applicable portions of this Covenant pursuant to Part V.A above:
i. The site specific rulemaking replaces the Ventura APCD regulations listed in Attachment 4, and becomes enforceable by Ventura APCD as a regulation.
ii. This Covenant is part of, and completes, the permit application under Title V of the Clean Air Act.
b. Upon Signing of Covenant:
i. The site-specific rule together with Attachment 1 and Attachment 5 of this Covenant become enforceable as, and replace, any Permit To Operate Imation Camarillo, issued by the Ventura County APCO as authorized and directed by the Ventura APCD governing board.
ii. CalEPA incurs no obligation to take any action under the terms of this Covenant. By signing this Covenant, CalEPA signifies endorsement of the Covenant to the extent authorized by State Law.
c. Upon the effective date of the USEPA site-specific rulemaking pursuant to Part V.B above:
i. Portions of this Covenant, and any additional USEPA regulatory provisions necessary to meet federal requirements and/or the intent of Project XL guidelines, become enforceable by Ventura APCD and USEPA as a Title V permit that implements the requirements of Title V of the Clean Air Act for Imation Camarillo.
ii. The site specific rulemaking replaces the regulations implementing federal statutes listed in Attachment 4, and becomes enforceable by USEPA as a regulation issued under Title I and Title III of the Clean Air Act.
iii. Releases or discharges that are in compliance with the Imation Covenant and approved portions of the EMS shall not require release reporting pursuant to Section 103(a) of CERCLA and emergency notification requirements under Section 304(a) of EPCRA.
2. All provisions of the EMS that are necessary to implement or assure compliance with the conditions and terms of this Covenant or to meet statutory requirements for reporting (including reporting of deviations) are enforceable to the same extent and in the same manner as other elements of this Covenant. All sections of the EMS that are enforceable under this Covenant or Title V shall be clearly identified as such. Any provision of the EMS that implements or assures compliance with any Federal Clean Air Act applicable requirements that is modified or replaced by this Covenant will be considered a condition of the Title V permit.
3. Imation Camarillo will annually certify compliance with the conditions and terms of the Covenant including the EMS and any other applicable requirements specified in Attachments 1, 5, and 6.
4. Notwithstanding the Covenant's monitoring, recordkeeping, and reporting requirements in Part II, Imation Camarillo retains all rights under law to protect confidential business information and other information protected by law from disclosure.
5. For purposes of enforcing and administering this Covenant, the agency parties to the Covenant retain all statutory rights to enter, inspect, and test the premises.
6. Imation Camarillo will retain records for a period of at least five years unless applicable regulatory requirements specify a longer time period.
7. Nothing in this Covenant affects the ability of signatory agencies to act in cases of imminent hazard or unanticipated threats, or to exercise any authorities not specifically affected by the Covenant or its implementing mechanisms, including criminal enforcement authorities.
8. The provisions of this Covenant are for the benefit only of the parties, and no third party may seek to enforce or benefit from these provisions, except as expressly provided by statute. The parties specifically disavow any desire or intention to create any third party beneficiary thereunder, and specifically declare that no person or entity, except the parties to the Covenant, shall have any right hereunder or any right of enforcement hereof, except as expressly provided by statute.
B. The Covenant does not create any additional rights nor restrict the statutory rights of third parties to file citizen suits.
C. The parties understand that while the plans described in this Covenant are undertaken seriously and in good faith, it is not the intent of USEPA or any other government agency that is a signatory to this Covenant to limit the ability of Congress or future agency officials to take such action, as they deem appropriate. Accordingly, the parties agree that the United States or any government agency that is a signatory to this Covenant will not be subject to liability based on third party or direct claims arising out of future government actions, including but not limited to, regulatory or statutory changes, that may adversely affect any party in the implementation of this project.
D. New Regulations
Imation Camarillo shall be subject to, and conduct regulatory analysis for, the requirements of regulations promulgated after the date the Covenant is executed by all the parties. Any new applicable regulation will be replaced by the Covenant if Imation demonstrates to the Agenc(ies) that the Covenant (including the emission caps, EMS and other requirements of the Covenant) achieves greater environmental benefit than required by the new regulation. Alternatively, Imation Camarillo may propose alternative strategies that produce greater environmental benefit as a replacement to or modification for the new regulation. In any case, Imation Camarillo's Title V permit shall be revised to reflect compliance with the new regulation as required by the Clean Air Act.
Imation and the affected Agencies shall meet annually to review whether the Covenant or proposed alternative strategies perform better than any new applicable regulations promulgated since the last review. An Agency may request a special meeting to review particular new regulations that will become effective prior to the annual review.
E. Modifications, Renewals, and Rescission.
1. The terms of this Covenant may be modified at any time, and from time to time, by mutual written agreement between the Ventura APCD, CalEPA, USEPA, and Imation Camarillo. Attachments may be modified by mutual agreement of the affected parties, without modifying the Covenant.
2. Provisions of the Covenant and EMS that are conditions and terms of the Title V permit shall be modified in accordance with requirements of Attachment 7.
3. As early as one year but no later than 6 months prior to the end of term of this Covenant, Imation Camarillo shall submit to the Ventura APCD a request for Covenant renewal. The request for Covenant renewal shall include information on existing operations at the facility, including process flow diagrams showing all emission units, a list of applicable requirements that would be otherwise applicable to this facility, a compliance certification stating the facility's compliance status with the terms and conditions of the Covenant, and a compliance plan describing how the source will revise the Covenant to reflect the applicable requirements, including a schedule of compliance for implementing any needed changes. The request for Covenant renewal shall be certified by the party responsible for overall operations at Imation Camarillo. Provided Imation Camarillo submits the required information in a complete and timely manner, the terms and conditions of the Covenant shall remain in effect until the revised Covenant is acted on by the Ventura APCD or terminated by a party to the Covenant, whichever is earlier. Completeness shall be determined by the Ventura APCD.
4. All parties to the Covenant agree to meet to discuss and negotiate any revisions to the Covenant needed to address changes/needs at the facility, to assure that the Covenant continues to assure benefits beyond the otherwise applicable requirements, and to address concerns that have arisen over time with the Covenant. The appropriateness of the level of the emission caps may also be reviewed at this time. Concurrently with these discussions, Imation Camarillo will convene the stakeholders committee to review the existing Covenant and any needed revisions.
5. Imation Camarillo may elect to withdraw from this Covenant and terminate its terms by the following:
a. Provide a 30 day notice of its intent to terminate to Ventura APCD, CalEPA, and USEPA .
b. Apply, consistent with the application requirements of Ventura APCD regulations, for all necessary operating permits. All applications shall be submitted to the appropriate agency(ies) within six months of the date of notice of termination or within the time deadlines specified by the appropriate agency(ies), whichever time is shorter. Any such application shall be deemed a timely application for renewal of the operating permit(s) sought.
c. Provide a notice of termination to the stakeholders committee and to the affected communities.
6. The Ventura APCD, CalEPA, or USEPA may elect to terminate terms of this Covenant at any time, provided that Imation Camarillo shall be provided with a reasonable amount of time, as determined by the terminating agency or agencies, to submit necessary applications and receive necessary permits to continue operations before the rescission becomes effective, and:
a. Imation Camarillo must be given 30 days notice if the termination is for cause.
b. Imation Camarillo must be given 90 days notice prior to termination without cause. Termination without cause requires agreement between Ventura APCD, CalEPA, and USEPA.
c. The agency requesting termination of the Covenant will decide whether there is cause. However, where this determination is disputed by another party to the Covenant, the agency requesting termination must specify the basis for the finding.
d. During the interim period from the date of the notice of termination to the date when Imation Camarillo receives permits to continue operation, it will be subject to the terms of the site specific rule.
7. Upon termination of the Covenant, Imation will be subject to permitted emissions limits equal to the Covenant emission caps.
F. In the event that the Imation Camarillo Covenant is included in a permit consolidation zone under the provisions of SB 1299 (1995), the parties may elect to develop a compliance plan and participate in the program.
G. At any time, and from time to time, upon the written request of any party, any other party will promptly and duly execute and deliver any and all such further instruments and documents, and take such further action, as may be reasonably necessary to respond to this request and obtain the full benefits of this Covenant.
H. Parties shall not be responsible for failure to perform the Covenant terms where nonperformance is based upon circumstances that are not reasonably foreseeable or are beyond the reasonable control of the non-performing party. This subpart does not apply to failures or malfunctions of any pollution control equipment which causes a violation of any emission limitation or restriction or of any continuous monitoring equipment. For such failures to perform, Imation Camarillo shall be limited to the defenses for nonperformance available under the applicable Statutes and under the regulations that would apply to the facility absent this Covenant.
I. In the event a dispute arises with respect to a matter covered under the Covenant, parties agree to negotiate in good faith in an attempt to resolve the dispute.
J. Any provision of this Covenant that shall be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or such unenforceability without invalidating the remaining provisions, and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties to the Covenant hereby waive any provision of law that renders any provision prohibited or unenforceable in any respect.
* * * * *
The parties have executed this Covenant as of ______________________, 1996.
IMATION Ventura APCD
___________________________ ___________________________
Signature Signature
___________________________ ___________________________
Name (printed) Name (printed)
___________________________ ___________________________
Position Position
___________________________ ___________________________
Date Date
Ventura County Air Pollution CalEPA
Control Officer
___________________________ ___________________________
Signature (as authorized by the Signature
Ventura APCD governing board)
___________________________ ___________________________
Name (printed) Name (printed)
___________________________ ___________________________
Position Position
___________________________ ___________________________
Date Date
USEPA
___________________________
Signature
___________________________
Name (printed)
___________________________
Position
___________________________
Date
Imation Camarillo Covenant
Determination of Air Emissions
1. Within 18 months, Imation will install an Extractive Fourier Transform Infrared (FTIR) Spectrometry Continuous Emission Monitoring System (CEMS) and a flow measurement CEMS to speciate/measure ROCs, HAPs and TACs emitted from the solvent recovery unit. Imation will also develop appropriate recordkeeping procedures, ROC, HAP, and TAC calculation methods, and quality assurance measures for these new instruments. Once the new FTIR and flow measurement CEMS recordkeeping procedures, ROC, HAP, and TAC calculation methods, and quality assurance measures are developed by Imation and approved by Ventura County APCD they will replace most of those initial requirements described hereinbelow, and be incorporated by reference into this Attachment.
2. When the FTIR CEMS and the flow measurement CEMS are in place, parallel monitoring using the new procedures and the appropriate procedures described below shall be conducted to determine if there is any consistent bias in the data as a result of the revised procedures. If a consistent bias is determined to exist, Imation, in consultation with the Ventura County APCD, will make an adjustment to the ROC emission cap. Any such adjustment to the cap shall neither require ROC emission offsets nor generate ROC emission credits.
3. Solvent Recovery Unit Continuous Emissions Monitoring System
A. Imation shall install, calibrate, maintain, and operate, in accordance with manufacturer's specifications, a CEMS for the solvent recovery unit. The CEMS shall continuously measure and record the concentration level of organic compounds in the solvent laden air duct (combination of 36" and 60" ducts), the common exhaust stack, and the outlet concentration from each inservice carbon adsorption bed. Continuous measurement is defined in 40 C.F.R. 60.717.a as measuring each required monitoring point at least once every 15 minutes.
The CEMS shall be designed and operated to provide the following data immediately upon demand for the most current data, and in a permanent electronic record with a hard copy printout upon request:
i) The ROC concentrations in ppmv at the following locations: the solvent laden air duct; the common exhaust duct to the atmosphere from the carbon adsorption system; and the exhaust from each operating carbon bed; and
ii) The most recently calculated value for adsorption efficiency at each carbon bed; and
iii) The most recent average carbon adsorption efficiency for each carbon bed, as calculated over a consecutive 72hour rolling period of coating operation.
B. Procedures for daily calibration, startup, and operation of the CEMS shall be performed as specified in Camarillo Operating Procedure 5300COP17. Quality assurance procedures for the CEMS shall be performed as specified in Camarillo Operating Procedure 5300COP165.
C. Imation shall maintain the following records:
i) Daily compilations of the continuous readings for total ROC concentration monitoring, in ppmv, at the following locations: the solvent laden air duct, the common exhaust stack, and the outlet concentration from each inservice carbon adsorption bed. The reported values for each monitoring location may be averaged over a maximum period of 15 minutes. For each carbon adsorption bed, the periods the device is not inservice shall also be identified.
ii) Records of 72hour rolling average control efficiencies for each carbon adsorber bed.
iii) Records of time periods of coating operations when an emission control device is not in use.
iv) Daily calibration records and quality assurance records for the CEMS, including records of the certified analyses for the zero and span gases.
v) Records of calibrations performed, according to manufacturer's specifications, for all coater line solvent loading flow meters.
D. Imation shall conduct a source test to determine the relative accuracy of the ROC CEMS no less than eighteen months from the effective date of this Covenant. If discrepancies between the CEMS and the reference method are significant, Imation will take appropriate action to correct any problems with the CEMS or the quality assurance procedures for the CEMS.
Source testing shall be conducted in accordance with Section 1.1, "Applicability and Principle," of C.F.R. Part 60, Appendix A, Method 25, "Determination Of Total Gaseous Nonmethane Organic Emissions As Carbon."
4. Coating Lines 95% Control Requirement
A. The ROC CEMS shall be used to determine compliance with the 95% control requirement listed in III.A.1.d of the Covenant.
B. The solvent recovery unit shall be allowed to operate in a single carbon bed mode provided that the control efficiency is monitored (comparison of the ROC concentration in the solvent laden air duct to the common exhaust duct) as well as the efficiency for the single carbon bed (comparison of the ROC concentration in the solvent laden air duct to the exhaust for the active carbon bed).
5. Within thirty days after the end of each month, Imation shall report its emissions of ROC, NOx, PM, SOx and CO using the procedures set forth below as mutually agreed upon by the Ventura County APCD and Imation. This submittal shall also include a 12month rolling average of air emissions for each of these pollutants, with a comparison to the annual caps established in the Covenant.
6. Coating Lines ROC Emission Cap
A. The monthly calculation of ROC emissions to determine compliance with the ROC emission cap shall include ROC emissions for the last twelve calendar months from the coating lines.
B. The ROC emissions from the coating lines shall be calculated using the carbon adsorption system control efficiencies monitored by the ROC CEMS and solvent loading data for each operating coater as detailed in Camarillo Operating Procedure 5300COP184.
7. Compounding Room and Tunnel Room
A. The monthly calculation of ROC emissions to determine compliance with the ROC emission cap shall include ROC emissions for the last twelve calendar months from the compounding room and the tunnel room.
B. The ROC emissions from the compounding and tunnel rooms shall be calculated using the carbon adsorption system control efficiencies monitored by the ROC CEMS, and an incoming fugitive emissions factor of 37.43 lbs/hr ROC as detailed in Camarillo Operating Procedure 5300COP184. Imation shall conduct a source test to determine the relative accuracy of the compounding room and tunnel room fugitive emissions factor of 37.43 lbs/hr ROC no less than eighteen months from the effective date of this Covenant if the FTIR system has not been installed and certified.
C. All drums which are connected to supply coating to a coater line shall be connected to the drum vent system even if the coater line is not immediately using drum material. All other drums of coating shall be covered except when adding or removing material.
D. The damper in the exhaust duct of the cold solvent wash tank shall be maintained in proper working order, including proper sealing of the damper. The wash tank cover shall be opened only when necessary to process work.
E. Containers and mixing equipment containing reactive organic compounds shall be free from leaks and shall be covered except when necessary to add or remove materials, or during cleaning operations. Charging and solvent flushing shall only take place in an area when the ventilation system for the area, and the carbon adsorption system controlling the emissions from the ventilation system, are operating.
8. Scrap Dryer
A. The monthly calculation of ROC emissions to determine compliance with the ROC emission cap shall include ROC emissions for the last twelve calendar months from the scrap dryer.
B. The ROC emissions from the scrap dryer shall be calculated per Camarillo Operating Procedure 5300COP102.
9. Vapor Extraction System
A. If the vapor extraction system is operational, the monthly calculation of ROC emissions to determine compliance with the ROC emission cap shall include 0.61 tons per year for ROC emissions from the contaminated soil vapor extraction system.
B. In order to demonstrate ROC emissions from the vapor extraction system are less than or equal to 0.61 tons per year, source testing of all appropriate vents from the vapor extraction system shall be conducted no less than eighteen months from the effective date of this Covenant if the FTIR has not been installed and certified. If total uncontrolled ROC emissions from all vents are less than or equal to 2.00 pounds per hour, the controlled ROC emissions shall be assumed to be less than or equal to 0.61 tons per year.
10. Printing, Wipe Cleaning, and Other ROC, HAP, and TAC Emitting Operations Not Vented to the Solvent Recovery Unit
A. The monthly calculation of ROC emissions to determine compliance with the ROC emission cap shall include ROC emissions for the last twelve calendar months from the inkjet printing operations, letterpress printing operations, including all associated cleanup operations, wipe cleaning operations, and any other ROC emitting operations not vented to the solvent recovery unit.
B. The ROC emissions from the printing, wipe cleaning, and any other ROC emitting operations not vented to the solvent recovery unit shall be calculated from records maintained on a monthly basis which indicate the amount of all ROCs used and the ROC content, as applied, of each material. Manufacturer's documentation shall be available to support the ROC content data. Adequate supporting documentation shall also be available for those materials which contain no ROC.
C. Within 18 months, the HAP and TAC emissions from the printing, wipe cleaning, and any other HAP and TAC emitting operations not vented to the solvent recovery unit shall be calculated from records maintained on a monthly basis. The HAP and TAC emission calculations shall also include a 12month rolling average.
11. Boilers
A. The monthly calculation of ROC, NOx, PM, SO2, and CO emissions to determine compliance with the emission caps shall include emissions from the last 12 calendar months for the boilers. The emissions from the boilers shall be calculated using the following emissions factors:
Natural Gas Distillate Fuel Oil
ROC 2.8 lbs/MMcf 0.2 lbs/1000 gal
NOx 100.0 lbs/MMcf 20.0 lbs/1000 gal
PM 3.0 lbs/MMcf 2.0 lbs/1000 gal
SO2 0.6 lbs/MMcf 72.0 lbs/1000 gal
CO 35.0 lbs/MMcf 5.0 lbs/1000 gal
The NOx emissions from the boilers, when burning natural gas, may be calculated using an emission factor of 50 lbs/MMcf as discussed below.
Emissions shall be calculated from records maintained on a monthly basis which indicate the amount of each fuel burned in the boilers.
B. If NOx emissions from the boilers, when burning natural gas, are calculated using an emission factor of 50 lbs/MMcf, source testing of boilers shall be conducted no less than eighteen months from the effective date of this Covenant, and every twenty four months thereafter, using the test methods in Ventura County APCD Rule 74.15. The source tests must document that NOx emissions from the boilers are less than or equal to 40 ppmvd at 3% excess oxygen.
C. If NOx emissions from the boilers, when burning natural gas, are calculated using an emission factor of 50 lbs/MMcf, the Murray and Nebraska boilers flue gas recirculation mechanical linkage settings shall comply with the following:
Murray Boiler: Third pin setting from the end
Nebraska Boiler: Connecting rod attached to the 4th hole from the end on the damper control arm and the 5th hole from the end on the cam indicator arm.
12. Source Testing
Prior to performing any air pollutant source testing required by the terms of this attachment, Imation shall submit source test protocols to the Ventura County APCD Engineering Section and receive approval for the protocols. Imation shall also arrange for a mutually acceptable test schedule so that Ventura County APCD staff may be allowed to observe the tests.
13. Title V Permit Application
This Covenant, a site plot plan, a facility process flow diagram, and a compliance certification constitute a completed Title V permit application under the Clean Air Act. The site plot plan, facility process flow diagram, and a compliance certification are due to the Ventura County APCD by December 2, 1996.
Imation Camarillo Covenant
1. Any reduction in the ROC emission cap shall be considered an emission reduction eligible for banking. The amount of the emission reduction shall be calculated as the difference between the old and the new cap levels.
The Ventura APCD will discount the emission reduction pursuant to Ventura APCD Rule 26.4.C and, if appropriate, apply limitations on the usage of the credits pursuant to Ventura APCD Rule 26.4.D. Within 30 days after Imation notifies the Ventura APCD that Imation has elected to reduce the ROC emission cap, the Ventura APCD shall provide public notice of its preliminary decision to issue an Emission Reduction Credit Certificate pursuant to Ventura APCD Rule 26.7 After consideration of any comments received during the public notice period, the Ventura APCD shall issue an ERC Certificate pursuant to Ventura APCD Rule 26.4.F.
2. ROC ERCs generated in this manner may be banked, traded or used for any purpose allowed under applicable law and may be donated to an organization which will make such credits available for sale, exchange, or retirement.
Imation Camarillo Covenant
Imation Environmental Management System Criteria
A. Environmental Policy. The Imation corporate safety, health, and environmental policy shall be communicated to Imation Camarillo personnel and shall be available to the public by request or via the Internet Imation Homepage http://www.imation.com.
B. Environmental Aspects. An ongoing procedure shall be in place to identify environmental aspects associated with Imation Camarillo's activities which Imation Camarillo can control. These significant aspects shall be considered in setting Imation Camarillo objectives and targets.
C. Legal and Other Requirements. A procedure shall be in place to identify legal and other requirements applicable to environmental aspects of the organization's activities, products, and services.
D. Objectives and Targets. Documented objectives and targets shall be set by Imation Camarillo personnel to address facility specific significant environmental aspects and overall Imation environmental policies.
E. Environmental Management Program. An environmental management program to achieve the objectives and targets shall be in place. Procedures shall be in place to determine if Imation Camarillo changes might affect Imation Camarillo's ability to meet the objectives and targets, or create significant environmental aspects. Responsibilities shall be defined and time frames for implementing these activities shall be documented.
F. Structure and Responsibility. Environmental management system functions shall be defined, documented, and communicated. Imation Camarillo management shall be committed to providing adequate resources for the effective implementation of the environmental management system. A management representative shall be appointed to ensure that the environmental management system is implemented and maintained.
G. Training, Awareness, and Competence. Environmental training needs shall be defined and training shall be conducted for all personnel whose work could create a significant environmental impact. Roles and responsibilities shall be assigned and procedures shall be in place to assure that employees are aware of the importance of conformance with the environmental management system and how their work activities may impact the environment.
H. Communications. There shall be a documented process for handling and documenting internal and external communications related to environmental performance expectations, responsibilities and concerns.
I. Environmental Management System Documentation. Imation Camarillo shall maintain documentation describing the core elements of the environmental management system, and how these elements interrelate and reference other relevant supporting documents.
J. Document Control. Procedures shall be in place to ensure that documents associated with the environmental management system are available and can be easily located. The environmental management system shall ensure that documents are current, periodically reviewed, revised as necessary, retained for appropriate reasons and length of time, and approved for adequacy by authorized personnel.
K. Operational Control. Procedures shall be in place to determine which Imation Camarillo activities are associated with the significant environmental aspects. Documented procedures shall be established and maintained to adequately control activities which could lead to deviations from the environmental policy or objectives and targets. These procedures shall also address the responsibilities of contractors and suppliers associated with Imation Camarillo's significant environmental aspects and shall be communicated to the appropriate contractors and suppliers.
L. Emergency Preparedness and Response. Written emergency response plans shall be in place to identify, plan for, and properly respond to emergency situations. These plans shall be periodically reviewed, tested, and revised as appropriate.
M. Monitoring and Measurement. Procedures shall be in place to measure and monitor activities that can have a significant environmental impact, including the tracking of environmental performance and overall conformance with Imation Camarillo's objectives and targets. Monitoring equipment calibration and maintenance procedures shall be documented and test results maintained. Procedures shall be in place to assure compliance with environmental regulations, company policies, and other commitments.
N. Non-Conformance, Corrective/Preventive Action. A corrective action plan which defines responsibility for handling, investigating, and correcting of non-conformance including documenting changes to procedures that result from corrective and preventive actions shall be in place.
O. Records. A recordkeeping system shall be in place to identify, maintain, and archive environmental records. Appropriate records shall be maintained to demonstrate conformance with the environmental management system. This system shall include record retention times and ensure that records are legible, identifiable, readily retrievable, and are protected against damage and deterioration.
P. Environmental Management System Audit. A process to periodically audit the environmental management system which addresses the audit scope, frequency, methodologies, responsibilities, and requirements for conducting audits and reporting results shall be in place.
Q. Management Review. Top Imation Camarillo management shall periodically review the environmental management system to ensure its continuing suitability, adequacy, and effectiveness. These documented reviews shall cover environmental management system audit results and consider the need for changes to the policy, objectives, and other elements of the environmental management system.
Imation Camarillo Covenant
Applicable Regulations and Requirements Replaced by Covenant
The following applicable regulations and requirements are replaced by this Covenant, except as specifically referenced in the Covenant:
1. Air Emissions
a. Federal Regulations implementing the Clean Air Act, as identified in this Attachment and in USEPA's site specific rulemaking applicable to Imation Camarillo:
i. New source review and permitting regulations at 40 C.F.R Parts 51 and 52.
ii. New source performance standards at 40 C.F.R. Part 60, including magnetic tape coating standards at subpart SSS.
iii. Emission standards for hazardous air pollutants at 40 C.F.R Part 63, including magnetic tape manufacturing standards at subpart EE, but not including particulate standards at 40 C.F.R. Section 63.703(d).
iv. Federal Title V operating permit requirements under 40 C.F.R. Parts 70 and 71.
b. The following Ventura APCD Rules which apply to permitting procedures:
i. Rule 10-Permits Required
ii. Rule 12-Applications for Permits
iii. Rules 26-26.10-New Source Review
iv. Rule 29-Conditions on Permits, but not including Rule 29.C
v. Rule 30-Permit Renewal
vi. Rule 33-33.10-Part 70 Permits
vii. Rule 42-Permit Fees
c. The following Ventura APCD Rules which define recordkeeping, reporting, monitoring and source testing requirements:
i. Rule 15.1-Sampling and Testing Facilities
ii. Rule 24-Recordkeeping, Reporting and Emission Statements
iii. Rules 100-103-Source Testing and Stack Monitoring
d. The following Ventura APCD Rules which are prohibitory rules:
i. Rule 50-Opacity
ii. Rule 52-Particulate Matter-Concentration
iii. Rule 53--Particulate Matter-Process Weight
iv. Rule 54--Sulfur Compounds
v. Rule 57--Combustion Contaminants
vi. Rule 60--New Non-Mobile Equipment
vii. Rule 62.1--Hazardous Materials
viii. Rule 64--Sulfur Content of Fuels
ix. Rule 67--Vacuum Producing Devices
x. Rule 68--Carbon Monoxide
xi. Rule 71.2--Storage of Organic Compound Liquids
xii. Rule 71.3--Transfer of Organic Compound Liquids
xiii. Rule 74.3--Paper, Fabric and Film Coating Operations
xiv. Rules 74.6-74.6.3--Surface Cleaning and Degreasing
xv. Rule 74.9--Stationary Internal Combustion Engines
xvi. Rules 74.15-74.15.1--Boilers, Steam Generators and Process Heaters
xvii. Rules 74.19-74.19.1--Graphic Arts and Screen Printing
xviii. Rule 74.20--Adhesives and Sealants
xix. Rule 74.23--Stationary Gas Turbines
xx. Rule 74.29--Soil Decontamination Operations
e. The following Ventura APCD Rules through which the Ventura APCD is delegated authority to enforce federal regulations:
i. Rule 72--Federal New Source Performance Standards
ii. Rule 73--Federal NESHAP Standards
2. Waste Management
a. Biennial waste reporting requirements of Title 22 of California Code of Regulations, Section 66262.41.
b. Limits on air emissions from hazardous waste storage tank systems at Chapter 15 of Title 22 of the California Code of Regulations and of Section 66265.16.
c. Personnel training, preparedness and prevention, and contingency planning requirements under and articles 3 and 4 of Chapter 15 or Title 22 of the California Code of Regulations and Section 66265.16.
3. Emergency Response Reporting
a. Sections II.D. and VI.A.1.c.iii not requiring release reporting pursuant to Section 103(a) of CERCLA and emergency notification requirements pursuant to Section 304(a) of EPCRA apply to discharges in compliance with the Covenant where the underlying statutory authority for the discharge is enumerated in CERCLA Section 101(10).
Imation Camarillo Covenant
Air-Emissions Related Regulations and Requirements
Not Replaced by Covenant
The following air regulations and requirements remain applicable to Imation Camarillo:
1. The following Ventura APCD Rules which define enforcement procedures, appeal procedures and public information availability:
a. Rule 8--Access to Facilities
b. Rule 9--Arrest Authority
c. Rule 17--Air Toxics Information
d. Rule 19--Posting of Permits
e. Rule 20--Transfer of Permits
f. Rule 22--Appeals
g. Rule 27--Suspension of Permits
h. Rule 28--Revocation of Permits
i. Rule 29.C--Violation of Permit Conditions
j. Rule 31--Public Disclosure of Data
k. Rule 32--Breakdown Conditions; Emergency Variances
l. Rules 110-130--Hearing Board Procedures
m. Rules 200-204--Public Records
2. The following Ventura APCD Rules which are federally-enforceable applicable requirements for Title V purposes:
a. Rule 74.2--Architectural Coatings
b. Rule 74.4--Cutback Asphalt
c. Rule 74.22--Natural Gas-Fired, Fan-Type Central Furnaces
d. Rule 74.27--ROC Liquid Storage Tank Degreasing Operations
e. Rule 74.28--Asphalt Roofing
3. The following Ventura APCD Rules which may become federally-enforceable applicable requirements for Title V purposes during the term of the Covenant:
a. Rule 74.1--Abrasive Blasting
b. Rule 158--Source Abatement Plans
c. Rule 159--Traffic Abatement Procedures
d. Rule 210--Employee Commute Options
4. The following Ventura APCD Rules which are not federally-enforceable applicable requirements for Title V purposes:
a. Rule 51--Nuisance
b. Rule 62.7--Asbestos Demolition and Renovation
5. The Ventura APCD Rules which establish fees: Rule 41, Rule 43, Rule 44, Rules 45-45.3.
6. The Toxic "Hot Spots" Program regulations in Sections 44300-44394 of the California Health and Safety Code. These regulations are not federally enforceable applicable requirements for Title V purposes.
7. The following federal regulations which are federally enforceable applicable requirements for Title V purposes:
a. Regulations and requirements for prevention of accidental releases of hazardous air pollutants, under Section 112(r) of the Federal Clean Air Act.
b. Particulate matter NESHAP standards for magnetic tape manufacturing, at 40 C.F.R. Section 63.703(d).
Imation Camarillo Covenant
Non Air-Emissions Related Regulations and Requirements
Not Replaced by Covenant
1. Water Discharges
a. SPCC planning requirements under Section 311 of the Federal Clean Water Act.
b. Storm Water Discharge Management and Permitting requirements of Section 402 of the Federal Clean Water Act, and California provisions administering this program.
2. Waste Management
a. All RCRA regulations, unless specifically noted otherwise in this Covenant or listed in Attachment 4.
b. All DTSC regulations, unless specifically noted otherwise in this Covenant or listed in Attachment 4.
c. Review, evaluation, reporting, filing, or planning requirements under Health and Safety Code Section 25244.12-25244.25 (SB14) and its implementing regulations.
3. Materials Management, Planning and Handling
a. Regulations and requirements for Business Plans under Sections 25500-25520 of the California Health and Safety Code.
b. Regulations and requirements for Risk Management and Prevention Programs, as required by Sections 25531-25543.2 of the California Health and Safety Code.
c. Stratospheric Ozone Protection requirements of Title VI of the Federal Clean Air Act.
Imation Camarillo Covenant
Public Notification/Permit
Modification Requirements
1. The Covenant is a public document and will be available for review at the Ventura APCD offices during regular business hours.
2. The following will be considered significant modifications under Title V of the Clean Air Act, and shall be subject to a 30day public comment period and an EPA 45day review period prior to modification of the parts of the Covenant that operate as the Title V permit issued by the Ventura APCD:
a. Any proposed modifications that will increase emissions above any of the emission caps.
b. A change in the continuous emissions monitoring system (CEMS) that will constitute (i) a different system than the solvent recovery unit CEMS system used by the facility prior to implementation of the Fourier Transform Infrared (FTIR) Spectroscopy CEMS, or (ii) a system other than the FTIR CEMS.
3. For modifications not outlined under Section 2, including but not limited to monitoring, recordkeeping, source testing, and emission calculation procedures, Imation shall give notice to the Ventura APCD of the modification. The Ventura APCD will compile a list of persons or groups of persons who identify themselves as interested parties to this agreement. Ventura APCD will send a copy of the parts of the Covenant that operate as the Title V permit, and are being modified, to those persons. Recipients of the notice will have 30 days to comment to Ventura APCD.
4. This attachment will not supersede the public notification requirements under Part III.A.1.c. of the Covenant, nor will it supersede District Hearing Board procedures for appealing permit decisions.