APCD Hearing Board Agenda – December 1, 2010

December 1, 2010

Administration of Oath to Participants
Approval of minutes of the October 7, 2009 meeting
Receive and File actions taken by the Chair at the December 9, 2009 meeting.  (No quorum was present to conduct a full meeting.)
Receive and File actions taken by the Chair at the February 3, 2010 meeting.  (No quorum was present to conduct a full meeting.)
Requests for continuance or addition of Ex-Agenda items
Announcements/Staff Reports
Public Comment Period

Public Hearings

1)     Case No. 90-09-RE – Respondent:  Michael Ruggiero, Van Wyk’s Body Shop, 433 Chapala St., Santa Barbara, CA
Hearing – To consider Control Officer’s Request for Withdrawal of Petition for Revocation of Permit to Operate 10117-R4 due to payment of fees.

2)     Case No. 99-6(A) – Respondent:  Venoco Inc., 6267 Carpinteria Ave., Suite 100, Carpinteria, CA 93013
Hearing – To consider a request by Venoco, Inc. (Petitioner) and the Control Officer to rescind the stipulated Abatement Order due to compliance.

3)     Case No. 12-10-AP – Respondent:  Venoco Inc. 6267 Carpinteria Ave., Suite 100, Carpinteria, CA 93013
Hearing – To consider a request made by the Control Officer and Petitioner to continue this matter to the February 2, 2011 Hearing Board.

Administrative Agenda – Receive and File:

The following Emergency Variance Orders have been approved by the Air Pollution Control District Hearing Board.  These orders are available for inspection and reproduction at the Office of the Air Pollution Control District:

A-1)      Case No. 82-09-E – United Launch Alliance, LLC, P.O. Box 5219, Vandenberg AFB, CA 93437
On September 16, 2009 Hearing Board member Dr. Francis Lagattuta approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Conditions 1, 2, 3(a) and (b), 4(f) and 17 of Permit to Operate 10846 for operation of the M/V Delta Mariner and an assist tug used in the delivery of the ULA Delta IV/EELA systems for offloading and transport to Space Launch Complex (SLC-6) on Vandenberg Air Force Base for the period of September 18, 2009 through October 15, 2009.

A-2)      Case No. 84-09-E – ExxonMobil Production Company, 12000 Calle Real, Goleta, CA 93117
On September 24, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.1(b)(v)(2) of Part 70/Permit to Operate 5651 for operation of a gas turbine generator in violation of the quarterly operational limit of 6 hours/quarter at Las Flores Canyon oil and gas processing plant for the period of September 20, 2009 through October 4, 2009.

A-3)      Case No. 85-09-E – Plains Exploration & Production Company, 201 South Broadway, Orcutt, CA 93455
On October 14, 2009 Hearing Board member David Van Mullem, Jr. approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.2(c)(ii) of Part 70/Permit to Operate 9105 for operation of Turbine Generator G-94 in violation of the one hour limit on Platform Hidalgo for the period of October 14, 2009 through October 15, 2009.

A-4)      Case No. 86-09-E – Greka Oil & Gas, Inc., P.O. Box 5489, Santa Maria, CA 93456
On October 15, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.D.1 for operation of the Bell Tank Battery at Cat Canyon Oil Field in violation of the vapor recovery requirements for one day (October 15, 2009).

A-5)      Case No. 87-09-E – Greka Oil & Gas, Inc., P.O. Box 5489, Santa Maria, CA 93456
On October 16, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.D.1 and E.1 for operation of the Bell Tank Battery at Cat Canyon Oil Field in violation of the vapor recovery requirements for the period of October 27, 2009 through November 10, 2009.

A-6)      Case No. 88-09-E – Pacific Operators Offshore, LLC, 1145 Eugenia Place, Suite 200, Carpinteria, CA 93013
On October 16, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 359.D.2.b(1) due to a non-operational production flare located on Platform Hogan for the period of October 16, 2009 through October 30, 2009.

A-7)      Case No. 91-09-E – BreitBurn Energy Company, 1555 Orcutt Hill Road, Orcutt, CA 93455
On November 9, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.D.1.a  and Rule 206, Condition 9.C.6 of Part 70 Permit to Operate 8240-R7 as a result of a non-operating vapor recovery system on four tanks due to a PG&E power shutdown at the Newlove Lease, Orcutt Hill for the period of November 10, 2009 through November 12, 2009.

A-8)      Case No. 92-09-E – Plains Exploration & Production Company, 201 South Broadway, Orcutt, CA 93455
On November 18, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.3(c)(i) of Part 70/Permit to Operate 9105 due to an electronic failure of the flare meter V-23 on Platform Hidalgo for the period of November 18, 2009 through December 4, 2009.

A-9)      Case No. 93-09-E – Richards Oil Company, P.O. Box 1715, Santa Maria, CA 93456
On November 18, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325 D.1.a and Rule 206, Condition 6 of Permit to Operate 8252 due to removal of the tank battery vapor recovery system for maintenance at the Peshine Tompkins Tank Battery located in the Casmalia Field for the period of November 17, 2009 through December 1, 2009.

A-10)    Case No. 94-09-N – Richards Oil Company, P.O. Box 1715, Santa Maria, CA 93456
Withdrawn on December 11, 2009 due to compliance.

A-11)    Case No. 95-09-E – Plains Exploration & Production Company, 201 South Broadway, Orcutt, CA 93455
On December 30, 2009 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.2.(c)(ii)(b)(vii) and 9.C.2(d) of Part 70 Permits to Operate 9103 and 9105 due to failure of the data loggers for Turbine G-91 on Platform Hermosa and G-94 on Platform Hidalgo for the period of December 30, 2009 through January 12, 2010.

A-12)    Case No. 01-10-E – MM Tajiguas Energy, LLC, 14470 Calle Real, Gaviota, CA 93117
On January 7, 2010 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.2(d)(i) of Permit to Operate 9788-R2 due to failure of the data acquisition system (DAS) to record the Caterpillar Model 3616 internal combustion engine operating temperature at the Tajiguas Landfill for the period of January 7, 2010 to January 22, 2010.

A-13)    Case No. 02-10-E – BreitBurn Energy Company, 1555 Orcutt Hill Road, Orcutt, CA 93455
On February 16, 2010 Hearing Board member David Van Mullem, Jr.  approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.D.1.a and Rule 206, Condition 9.C.2(a) and (b)(ii) and 9.C.3(a) and (b) of Permit to Operate 8502 due to a non-operating vapor recovery system (VRS) for the crude and wash tanks and wastewater tanks of the Pinal Tank Battery for the period of February 16, 2010 to February 26, 2010.

A-14)    Case No. 03-10-E – Venoco, Inc., 6267 Carpinteria Ave., Suite 100, Carpinteria, CA 93013
On February 19, 2010 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.2(b)(v).b of Part 70 Permit to Operate 7904-R8 due to a malfunctioning control valve resulting in non-compliance of the benzene destruction removal efficiency (DRE) from the H-205 incinerator unit at Ellwood Oil and Gas Processing Facility for the period of February 17, 2010 through March 18, 2010.

A-15)    Case No. 04-10-E – Greka Oil & Gas, Inc., P.O. Box 5489, Santa Maria, CA 93456
On April 19, 2010 Hearing Board member David Schmarje approved an Emergency Variance providing variance protection to Petitioner from District Rule 331.E due to a leak in three of its wellhead rams operating at Payne Well #32-7 located at the Bradley Lands/Bradley Consolidated Lease for the period of April 9, 2010 through April 23, 2010.

A-16)    Case No. 05-10-I – Plains Exploration & Production Company, 201 South Broadway, Orcutt, CA 93455
On May 14, 2010 Hearing Board member David Schmarje approved an Interim Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.2.(e)(i) of Part 70 Permit to Operate 9103 for the operation of Platform Harvest with an inoperative NOx CEMS for the period of May 12, 2010 through June 30, 2010, or the date of decision of the Hearing Board on the application for 90-Day Variance 06-10-N, whichever occurs first.

A-17)    Case No. 06-10-N – Plains Exploration & Production Company, 201 South Broadway, Orcutt, CA 93455
The Petitioner achieved compliance with PTO 9103 Condition 9.C.2.(e)(i) on May 13, 2010 under Interim Variance Order 05-10-I.  Therefore, on May 17, 2010 the Petitioner requested their Petition for continued relief under a 90-Day variance be withdrawn.

A-18)    Case No. 07-10-E – Greka Oil & Gas, Inc., P.O. Box 5489, Santa Maria, CA 93456
On May 28, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.1.(a)(i) of Part 70 Permit to Operate 8036 for operation of a Caterpillar G-342 engine/generator in violation of NOx emissions concentration limit at the Bell Lease Gas Compressor Plant for the period of May 26, 2010 through June 1, 2010.

A-19)    Case No. 08-10-E – Celite Corporation, 2500 Miguelito Road, Lompoc, CA 93436
On May 28, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.5.(a) of Permit to Operate 5840 and Condition 9.C.1.(a) of Permit to Operate 12398 due to excess PM10 emissions from Baghouses BH345 and BH125 for the period of May 26, 2010 through June 24, 2010.

A-20)    Case No. 09-10-I – Plains Exploration & Production Company, 201 South Broadway, Orcutt, CA 93455
On June 4, 2010 Hearing Board Member David Van Mullem, Jr. approved an Interim Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.C.2.(a)(iii) of Part 70/Permit to Operate 9103 for operation of sales gas compressor K-200C at Platform Harvest for the period of June 4, 2010 through September 1, 2010 or the date of decision on Petitioner’s request for 90-Day Variance 10-10-N, whichever occurs first.

A-21)    Case No. 10-10-N – Plains Exploration & Production Company, 201 South Broadway, Orcutt, CA  93455
The Petitioner achieved compliance with PTO 9103 Condition 9.C.2.(a)(iii) on June 29, 2010 under Interim Variance Order 09-10-I.  Therefore, on July 2, 2010 the Petitioner requested their Petition for continued relief under a 90-Day variance be withdrawn.

A-22)    Case No. 11-10-E – United Launch Alliance, P.O. Box 5219, Vandenberg AFB, CA 93437
On June 8, 2010 Hearing Board Member David Van Mullem, Jr. approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Conditions 2 and 14 of Permit to Operate 10846-R2 for operation of the M/V Delta Mariner support tug in South Vandenberg Harbor at VAFB and the California Coastal Waters adjacent to the South Central Coast Air Basin for the period of June 8, 2010 through July 7, 2010.

A-23)    Case No. 13-10-E – BreitBurn Energy Company, 1555 Orcutt Hill Road, Orcutt, CA  93455
On June 14, 2010 Hearing Board Member David Van Mullem, Jr. approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.D.1.(a) and Rule 206 Conditions 9.C.6.(a) and (b)(ii) of Permit to Operate 8240 in order to shut down the vapor recovery system at the Diatomite Tank Battery in order to prepare for construction for the period of June 14, 2010 through June 16, 2010.

A-24)    Case No. 14-10-E – Celite, 2500 Miguelito Road, Lompoc, CA 93436
On June 16, 2010 Hearing Board Member David Van Mullem, Jr. approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206 Condition 9.C.1.(b)(i) of Permit to Operate 5840 Part II for operation of baghouse CP32 in violation of exceeding opacity for the period of June 15, 2010 through July 14, 2010.

A-25)    Case No. 15-10-E – Greka Oil & Gas, P.O. Box 5489, Santa Maria, CA 93456
On August 9, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.E.1 of Permit to Operate 8096-R8 for the continued operation of Idle Well #34 located at the Morganti Lease while repairs are made to a leak found on the wellhead for the period of August 6, 2010 through September 4, 2010.

A-26)    Case No. 16-10-E – Greka Oil & Gas. P.O. Box 5489, Santa Maria, CA 93456
On August 18, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.E.1 of Permit to Operate 8869 for continued operation of the intake scrubber vessel at the Bell Lease Tank Battery while repairs are made to a pinhole leak for the period of August 17, 2010 through August 31, 2010.

A-27)    Case No. 17-10-E – Pacific Operators Offshore. 1145 Eugenia Place Suite 200, Carpinteria, CA 93013
On August 19, 2010 Hearing Board Member David Van Mullem, Jr. approved an Emergency Variance providing variance protection to the Petitioner from District Rule 359 D.2.b.(1) and Rule 206 Condition 9.C.6.(b)(iii) of Permit to Operate 13371 for continued operation of a John Zink KMI 8-1 Production Flare onboard Platform Hogan while repairs are made to a leak in the platform settling tank for the period of August 19, 2010 through August 31, 2010.

A-28)    Case No. 18-10-E – Venoco. 6267 Carpinteria Ave., Suite 100, Carpinteria, CA 93013
On September 1, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206 Condition 9.C.2.(b)(iv) of Permit to Operate 8234-R7 for continued operation of Platform Holly while research is conducted to determine the reason behind an “unplanned flaring” for the period of September 1, 2010 through September 15, 2010.

A-29)    Case No. 19-10-E – Santa Maria Pacific, 2400 Professional Parkway, Santa Maria, CA 93456
On September 9, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206 Condition 8.(d) of Authority to Construct/Permit to Operate 13347 for continued operation of their steam generator located at the Careaga Lease while waiting for a repeat source test for the period of September 3, 2010 through October 2, 2010.

A-30)    Case No. 20-10-I – Greka Oil & Gas, P.O. Box 5489, Santa Maria, CA 93456
On September 8, 2010 Hearing Board Member David Van Mullem approved an Interim Variance providing variance protection to the Petitioner from District Rule 325.E.1 of Permit to Operate 8096-R8 for continued operation of the Idle Well #34 located at the Morganti Lease while repairs are made to a leak found on the wellhead for the period of September 5, 2010 through November 30, 2010 or the date of decision of Petitioner’s request for 90-Day Variance 21-10-N, whichever occurs first.

A-31)    Case No. 22-10-N – Venoco, 6267 Carpinteria Ave., Suite 100, Carpinteria, CA 93013
On September 28, 2010 Hearing Board Member David Schmarje approved a 90-Day Variance providing variance protection to the Petitioner from District Rule 206 Condition 9.C.2.(b)(iv) of Part 70/Permit to Operate 8234-R7 for continued operation of Platform Holly while research is conducted to determine the reason behind an “unplanned flaring” event for the period of September 28, 2010 through December 26, 2010.

A-32)    Case No. 23-10-E – Wm Bolthouse Farms, 7200 East Brundage Lane, Bakersfield, CA  93307
On September 29, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.D.1.(a) of Permit to Operate 11387-01 for continued operation of engine ENG 23 exceeding its NOx lb/hr emission limit and ENG 89 exceeding its CO lb/hr emission limit, and Condition 9.C.1 of Permit to Operate 12732 for engine ENG 313 exceeding its NOx lb/hr emission limit, all engines located at the Cuyama Stationary Source, for the period of September 24, 2010 through October 23, 2010.

A-33)    Case No. 24-10-E – Wm Bolthouse Farms, 7200 East Brundage Lane, Bakersfield, CA 93307
On September 29, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 206, Condition 9.D.1.(a) of Permit to Operate 11387-01 for continued operation of engine ENG 59 located at the Cuyama Stationary Source in violation of exceeding its CO lb/hr emission limit for the period of September 27, 2010 through October 26, 2010.

A-34)    Case No. 25-10-E – Greka Oil & Gas, P.O. Box 5489, Santa Maria, CA 93456
This Variance request was rescinded.

A-35)    Case No. 26-10-E – ExxonMobil, P.O. Box 4358, Houston, TX 77210-4358
On October 19, 2010 Hearing Board Member David Van Mullem, Jr. approved an Emergency Variance providing variance protection to the Petitioner from District Rule 359.D.1.(a) and Rule 206, Condition 9.C.2.(b)(iii) of Part 70/Permit to Operate 5651 for operation of the Thermal Oxidizer located at the Las Flores Canyon oil and gas processing plant in violation of exceeding H2S limits for the period of October 17, 2010 through October 21, 2010.

A-36)    Case No. 28-10-E – Greka Oil & Gas, P.O. Box 5489, Santa Maria, CA 93456
On October 29, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.D.1 of Permit to Operate 10166 for continued operation of crude storage tank 2Z-5 located at Zaca Field at the Chamberlin Lease in order to repair a leak in the tank for the period of October 28, 2010 through November 4, 2010.

A-37)    Case No. 29-10-E – Greka Oil & Gas, P.O. Box 5489, Santa Maria, CA  93456
On November 9, 2010 Hearing Board Member David Schmarje approved an Emergency Variance providing variance protection to the Petitioner from District Rule 325.D.1 of Permit to Operate 10166 for continued operation of crude storage tank 2Z-5 located at Zaca Field at the Chamberlin Lease without an operable vapor recovery system for the period of November 9, 2010 through November 19, 2010.

Adjourn