UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA's Notice of Proposed Rulemaking

for the

California State Implementation Plan

EPA‘s Evaluation of

San Joaquin Valley Unified Air Pollution Control District, 

Reasonably Available Control Technology (RACT)

Demonstration for Ozone State Implementation Plan (SIP)

Adopted April 16, 2009

Prepared by: Stanley Tong

August 29, 2011
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RULE IDENTIFICATION -

Agency: San Joaquin Valley Unified Air Pollution Control District 

(SJVUAPCD)

SIP Approved Version: There is no previous version of this document in the SIP

Previous Submittal: (superseded by the June 18, 2009 submittal)

SJVUAPCD Eight-Hour Ozone Reasonably Available 

Control Technology - State Implementation Plan (RACT 

SIP) Analysis

Adopted – August 17, 2006; 

Submitted – January 31, 2007 

Subject of this TSD: SJVUAPCD Reasonably Available Control Technology

(RACT) Demonstration for Ozone State Implementation 

Plan (SIP)

Adopted – April 16, 2009; 

Submitted – June 18, 2009

BACKGROUND -

Volatile organic compounds (VOC) and nitrogen oxides (NOx) in the presence of 

sunlight can lead to the formation of ground-level ozone or ―smog‖ which can result in 

significant impacts to human health and the environment. Section 182 of the Clean Air 

Act (CAA) requires areas that are classified as moderate or above for ozone 

nonattainment to implement reasonably available control technology (RACT) for 

specific types of sources. The San Joaquin Valley Unified Air Pollution Control District 

(SJVUAPCD or SJV) is subject to this requirement as it is designated and classified as 

an extreme ozone nonattainment area for the 8-hour national ambient air quality 

standard (―NAAQS‖) for ozone (40 CFR 81.305).

The San Joaquin Valley Air Basin is partially enclosed by the three mountain ranges; 

the Coast Range on the west, the Tehachapi Mountains on the south, and the Sierra 

Nevada on the east. These mountain ranges trap air pollutants in the basin and 

combined with the Valley's hot, sunny, and dry summers, tend to promote ozone 

formation.1

Under CAA § 182(b)(2) and (f), SJV must, at a minimum, adopt RACT level controls for 

sources covered by a Control Techniques Guidelines (CTG) document and for any 

other major stationary source of VOC or NOx. The following provides a brief 

discussion of RACT and how it differs from other types of control standards such as 

 

1 San Joaquin Valley Air Pollution Control District, 2009 RACT SIP, April 16, 2009, 

page 1-1.
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those for new sources. EPA defines RACT as the ―lowest emissions limitation that a 

particular source is capable of meeting by the application of control technology that is 

reasonably available considering technological and economic feasibility.‖ 44 FR 53761 

(September 17, 1979). A RACT analysis should, therefore, take into account the

technological and economic feasibility of controls, and may differ from source to source 

and location to location.

RACT applies to existing sources in nonattainment areas and differs from the more 

stringent lowest achievable emission rate (LAER) controls required for new and 

modified major sources in nonattainment areas. LAER is defined in CAA Section 

171(3) and 40 CFR 51.165(a)(1)(xiii) as ―the most stringent emissions limitation which 

is contained in the implementation plan of any State for such class or category of 

source, unless the owner or operator of the proposed source demonstrate that such 

limitations are not achievable; or ... the most stringent emissions limit which is 

achieved in practice by such class or category of stationary sources.‖

Best available control technology (BACT) controls apply to new and modified major 

sources in areas designated as attainment or unclassifiable for the national ambient air 

quality standards and is defined as an emission limitation based on the maximum 

degree of pollutant reduction which the reviewing authority, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts and other costs, 

determines is achievable for the source or modification. CAA Section 169(3), 40 CFR 

51.166(b)(12).

Unlike LAER, RACT allows for consideration of the economic impact of the controls. 

Therefore, if a certain type of emission control or emission limitation is determined to 

be too costly in light of the amount of emission reduction it achieves, that control might 

not be considered RACT. Also, as economic factors may vary within a State and 

between different States, a control technology or emission limitation approved as 

RACT in one location does not necessarily define RACT for another location. 

Section IV.G of EPA‘s final rule to implement the 8-hour ozone national ambient air 

quality standard (70 FR 71612, November 29, 2005) discusses RACT requirements. It 

states in part that where a RACT SIP is required, State SIPs implementing the 8-hour 

standard must assure that RACT is met, either through a certification that previously 

required RACT controls represent RACT for 8-hour implementation purposes or 

through a new RACT determination. 70 FR 71612 at 71655.

The preamble to the final rule further explains that ―many areas subject to the major 

source RACT requirement under the 8-hour ozone standard have previously 

addressed the RACT requirement with respect to the 1-hour ozone standard.... We 

believe that, in many cases, a new RACT determination under the 8-hour standard 

would result in the same or similar control technology as the initial RACT determination 

under the 1-hour standard because the fundamental control techniques, as described 

in the CTGs and ACTs, are still applicable.‖ 70 FR 71612 at 71654.
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It adds that ―States and other interested parties should consider available information 

that may supplement the CTG and ACT documents. In cases where additional 

information is presented, for example, as part of notice-and-comment rulemaking on a 

RACT SIP submittal, States (and EPA) would necessarily consider the additional data 

in reviewing what control obligation is consistent with RACT... The State should submit 

a certification as part of its SIP revision, with appropriate supporting information, such 

as consideration of new data, that these sources are already subject to SIP-approved 

requirements that still meet the RACT obligation.‖ 70 FR at 71612 at 71655.

To help California and its local air districts with their RACT SIP certifications, on March 

9, 2006, EPA Region IX sent a letter to the California Air Resources Board (CARB) and 

local air districts discussing EPA Region IX‘s understanding of what might constitute a 

minimally acceptable RACT SIP submittal. In that letter we reminded States that we 

believed they must consider new information that has become available and certify that 

a 1-hour RACT determination, even where controls were required, still represent an 

appropriate RACT level of control for the 8-hour ozone program. The letter offered the 

following suggestions to be included in a RACT SIP analysis and indicated that the 

more rigorous the analysis and aggressive the requirements, the more likely that EPA 

would be able to approve them:

Describe efforts to identify all source categories within the District requiring 

RACT, including CTG sources (i.e., covered by an EPA Control Techniques

Guidelines document) and major non-CTG sources.

Submit negative declarations where there are no facilities (major or minor) within 

the District covered by a CTG.

For all categories subject to RACT, list the state/local regulation that implements 

RACT. 

Describe the basis for concluding that the regulations fulfill RACT. Documents 

useful in establishing RACT include CTGs, Alternative Control Technique 

guidance (ACTs), Maximum Achievable Control Technology (MACT) standards, 

New Source Performance Standards (NSPS), California Suggested Control 

Measures (SCM) and RACT/Best Available Retrofit Control Technology 

(BARCT) determinations, regulations adopted in other Districts, and guidance 

and rules developed by other states and local agencies.

Where a District relies on the California Air Pollution Control Officer 

Association‘s (CAPCOA's) September 2003, Potential All Feasible Measures 

(AFM) Report to help demonstrate RACT, the RACT SIP should certify that the 

local regulations are equivalent to AFM, justify the assumption that the AFM 

fulfilled RACT in 2003, and include a certification/demonstration that no 

additional controls have become more reasonably available since then.
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EPA Region IX also provided CARB and the local air districts with a list of current 

CTGs and ACTs, and suggested language for negative declarations to cover cases 

where the local air district had no sources covered by a CTG.

Where public commenters submit specific information to a State about controls that are 

reasonably available in light of technological and economic feasibility, the State should 

consider such information in developing its RACT SIP. EPA generally considers 

controls that have been achieved in practice by a significant number of sources to be 

technologically and economically feasible.

On October 8, 2004, SJV adopted its "Extreme Ozone Attainment Demonstration Plan" 

for the 1-hour ozone standard. The plan was amended on October 20, 2005 and 

included 1-hour ozone RACT provisions. On September 5, 2008, the State withdrew 

the RACT provisions from the 2004 SIP and indicated SJV would satisfy its RACT 

obligation for the 1-hour ozone standard with a revised 8-hour ozone RACT SIP. 

Subsequent to the State's withdrawal of the RACT element, EPA published a Finding 

of Failure to Submit a required SIP revision for the 1-hour ozone standard. (74 FR 

3442, January 21, 2009). In this action, we indicated that first, offset sanctions as 

identified in CAA section 179(b) would apply, and next, highway funding sanctions 

would apply if the State failed to submit a SIP revision which included all required 

RACT rules and the supporting RACT demonstrations to meet CAA sections 172(c)(1), 

182(b)(2), and 182(f) within the time frames specified in the CAA. On June 18, 2009, 

California submitted a revised RACT SIP demonstration for the 8-hour ozone standard. 

On December 11, 2009, EPA found the submittal complete which turned off the 

sanctions clocks.

SUBMITTAL SUMMARY -

SJVUAPCD SIP Reasonably Available Control Technology (RACT) Demonstration for 

Ozone State Implementation Plan (SIP), Adopted April 16, 2009.

The District adopted its first RACT SIP analysis on August 17, 2006 and submitted it to 

EPA on January 31, 2007. At that time, the SJV was classified as a serious ozone 

non-attainment area for the 8-hour ozone standard. On November 16, 2007, CARB 

requested that EPA reclassify the San Joaquin Valley from "serious" to "extreme" nonattainment for the 8-hour ozone standard.2

 In December 2007 the District revised its 

RACT SIP to adjust the threshold for major sources from 25 tons per year (tpy) down to 

10 tpy and to include an evaluation of the District's rules against four new CTGs. The 

December 2007 version was provided for public comment but was not submitted to 

EPA for SIP approval.

On August 27, 2009, EPA proposed to grant the State of California's request to 

reclassify the San Joaquin Valley from "serious" to "extreme" non-attainment for the 8-

hour ozone standard. This proposal was finalized on May 5, 2010. 75 FR 24409.

 

2 See 74 FR 43654, 43657 (August 27, 2009). 
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On June 18, 2009, CARB submitted SJV's 2009 RACT SIP demonstration which 

supersedes their January 31, 2007 submittal. It documents the District's review of its

rules and sources, and certified that all but four rules satisfied RACT level controls. 

These rules, Rule 4311 Flares, Rule 4603 Surface Coating of Metal Parts and 

Products, Rule 4653 Adhesives, and Rule 4684 Polyester Resin Operations are 

identified in Table 4-3 of San Joaquin's staff report. The rules have since been 

amended and submitted to EPA for SIP approval, with the last ones being submitted on 

May 17, 2010. The District also provided a summary of its attainment plans and 

pointed out that it had adopted approximately 500 new rules and amendments since 

the District was established as an air pollution control agency in 1992.

SJV's 2009 submittal includes the following documents:

a. SJV Board Resolution 09-04-12 for the RACT SIP and negative declaration for 

two source categories covered by EPA CTGs.

b. SJV Reasonably Available Control Technology (RACT) Demonstration for 

Ozone State Implementation Plan (SIP), Adopted April 16, 2009.

i. Appendix A: Comments and Responses

ii. Appendix B: Rule 4570 BACT Analysis

c. CARB Executive Order S-09-006 adopting the San Joaquin Valley 2009 RACT 

SIP.

SJV evaluated its rules to determine whether all major sources and sources covered by 

a CTG category were regulated by a SIP approved rule that satisfied RACT. The 

District's submittal included a negative declaration which stated the District did not 

have any sources covered under the following two CTG source categories: shipbuilding 

and pharmaceutical manufacturing. SJV subsequently clarified that it also had no 

facilities covered by the Pneumatic Rubber Tire Manufacturing CTG and adopted a 

negative declaration in December 2010. CARB submitted this negative declaration to

EPA on June 20, 2011.

EPA EVALUATION CRITERIA –

EPA evaluated the following elements of SJV‘s RACT SIP submittal as listed in our

March 9, 2006 letter to CARB.

Efforts to identify all source categories within the District requiring RACT

Negative declarations where there are no facilities covered by a CTG

o These will be addressed by EPA in a separate rulemaking action

List of the State/local regulations that implement RACT

The bases for concluding that all referenced regulations fulfill RACT

The following documents were also used to support our review:

―Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality 

Standard – Phase 2‖ (70 FR 71612; November 29, 2005).

―State Implementation Plans, General Preamble for the Implementation of Title I 

of the Clean Air Act Amendments of 1990‖ (57 FR 13498; April 16, 1992).
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Enforceability - Section 110(a) of the CAA requires enforceable emission 

limitations and other control measures. Several EPA guidance documents are 

used to evaluate rule enforceability, including Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations: Clarification to Appendix D of November 

24, 1987 FEDERAL REGISTER, May 25, 1988 ("The Blue Book"), and EPA 

Region IX‘s Guidance Document for Correcting Common VOC and Other Rule 

Deficiencies, August 21, 2001 (the "Little Bluebook").

"State Implementation Plans; Nitrogen Oxides Supplement to the General 

Preamble for the Implementation of Title I of the Clean Air Act Amendments of 

1990" (57 FR 55620, November 25, 1992) ("the NOx Supplement").

Memorandum from William T. Harnett to Regional Air Division Directors, (May 

18, 2006), ―RACT Qs & As – Reasonably Available Control Technology (RACT) 

Questions and Answers‖.

RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew Steckel) to 

CARB (Kurt Karperos) describing Region IX‘s understanding of what constitutes 

a minimally acceptable RACT SIP.

Letter dated April 4, 2006 from EPA Region IX (Andrew Steckel) to CARB (Kurt 

Karperos) listing EPA‘s current CTGs, ACTs, and other documents which may 

help to establish RACT.

Comment letter dated May 18, 2006 from EPA Region IX (Andrew Steckel) to 

SJV (George Heinen) on the 8-hour Ozone Reasonably Available Control 

Technology – State Implementation Plan (RACT SIP) Analysis, draft staff report 

dated April 18, 2006.

Comment letter dated June 29, 2006 from EPA Region IX (Andrew Steckel) to 

SJV (George Heinen) on the 8-hour Ozone Reasonably Available Control 

Technology – State Implementation Plan (RACT SIP) Analysis, final draft staff 

report dated June 15, 2006.

Comment letter dated February 7, 2008 from EPA Region IX (Andrew Steckel) to 

SJV (George Heinen) on the 8-hour Ozone Reasonably Available Control 

Technology – State Implementation Plan (RACT SIP) Analysis, draft staff report 

dated December 17, 2007.

Comment letter dated April 1, 2009 from EPA Region IX (Andrew Steckel) to SJV 

(Errol Villegas) on the 8-hour Ozone Reasonably Available Control Technology -

State Implementation Plan (RACT SIP) Analysis, for the April 16, 2009 Hearing

EPA's CTGs and ACTs http://www.epa.gov/ttn/naaqs/ozone/ctg_act/index.htm

CARB‘s emissions inventory database 

http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php

San Joaquin, CARB, and EPA Region IX databases of SJV rules

San Joaquin: http://www.valleyair.org/rules/1ruleslist.htm

CARB: http://www.arb.ca.gov/rldb/rldb.htm

EPA: http://epa.gov/region09/air/sips/index.html

The following summarizes SJV actions to address RACT requirements and EPA‘s

evaluation of those actions.

1. Efforts to identify all source categories within the District subject to RACT
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San Joaquin action:

SJV‘s staff report includes a table (Table 2-1) listing all CTG source categories and 

matching those CTG categories with the corresponding District rule which 

implements RACT. Given its designation and classification as an extreme ozone 

non-attainment area, SJV is also required to analyze RACT for all sources that emit 

or have the potential to emit at least 10 tpy (CAA 182(e)). SJV staff searched for all 

sources that would be covered by a CTG and for sources that emitted or have the 

potential to emit at least 10 tpy of VOC or NOx. 

EPA evaluation:

Table 3-1 of SJV's staff report lists approximately 600 major stationary sources. We 

reviewed the Table and performed a spot check against CARB‘s 2008 emissions 

inventory database for potential sources missing from SJV‘s analysis. Based on this 

review, we identified four sources listed in CARB's emissions inventory as >10 tpy, 

but not listed in SJV's Table 3-1.

S-3337 NDS Inc, Lindsay, CA 15 tpy VOC

S-4284 Instant Storage, Bakersfield, CA 14 tpy VOC

N-2820 Vanderlans & Sons, Lodi, CA 13 tpy VOC

C-111 Belmont Memorial Park, Fresno, CA 13.7 tpy NOx

Discussions with San Joaquin and CARB indicated that permitted emissions at two 

of the facilities (Instant Storage and Vanderlans & Sons) were less than 10 tpy in 

20093. 

The District also clarified that NDS does not have any VOC sources and will work 

with CARB to correct the emissions inventory. NDS' VOC emissions in CARB's 

database reflect projected emissions from an expired Authority to Construct (ATC). 

The District also provided Belmont Memorial Park's May 23, 2011 ACT which limits 

its NOx emissions to well below 10 tpy.

4

Because Instant Storage, Vanderlans & Sons, and Belmont Memorial Park are 

subject to enforceable permit conditions limiting their emissions to less than 10 tpy, 

and NDS does not have any VOC sources we are treating all four of these facilities 

as non-major sources for purposes of this evaluation.

2. Submit negative declarations where there are no facilities covered by a CTG

 

3 Email thread dated March 16, 2011 from EPA Region IX (Stanley Tong) to Leland 

Villalvazo (SJV) on 4 SJV sources. 

4 Email thread dated August 29, 2011 from SJV (Sandra Lowe-Leseth) to EPA Region 

IX (Stanley Tong) on 4 SJV sources including their permits and authority to construct

for Belmont Memorial Park
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San Joaquin action:

SJV compared its source specific rules against EPA‘s list of CTGs and determined it

had no sources in the following categories after searching its emissions inventory

and permits database, conducting an internet search, and consulting with District 

field inspectors. These categories are discussed in Section 2.1.2 of the 2009 RACT 

SIP analysis and are identified below. 

SJV indicated the Port of Stockton is the only port within the District that is large 

enough to support shipbuilding and repair operations. SJV's investigation indicated 

there are no surface coating operations occurring at the Port covered under the 

CTG. The emissions inventory identified minor amounts of marine coating being 

used associated with coating of pleasure craft, which is covered under the 2008 

Miscellaneous Metal and Plastic Parts Coatings CTG and not the Shipbuilding/repair 

CTG.

Similarly, the District's review indicated it had no pharmaceutical manufacturers.

EPA evaluation:

Discussions with the District subsequent to their RACT SIP submittal revealed there 

were no stationary sources covered by the CTG for Control of Volatile Organic 

Emissions from Manufacture of Pneumatic Rubber Tires (EPA-450/2-78-030 

1978/12). A negative declaration was adopted in December 2010 for the Rubber 

Tire CTG and CARB submitted it to EPA on June 20, 2011. EPA‘s review of

CARB‘s 2008 emissions inventory database did not identify any other stationary 

sources greater than 10 tons per year that were not covered by a District rule. 

CTG Source Category CTG Reference Document

Rubber Tire Manufacturing EPA-450/2-78-030 - Control of Volatile Organic Emissions 

from Manufacture of Pneumatic Rubber Tires

3. List the State/local regulations that implement RACT

San Joaquin action:

Chapter 2 of the District's RACT SIP provides a listing of which rule(s) implement 

RACT for sources covered by a given CTG including those CTGs recently issued in 

2006, 2007 and 2008. The listing also identifies negative declarations for those 

CTGs which have no corresponding facility in the District.

Chapter 3 lists all sources that have the potential to emit at least 10 tpy of NOx or 

VOC along with the specific District rules those sources are subject to.

CTG Source Category CTG Reference Document

Ships 61 FR 44050 Shipbuilding and Ship Repair Operations 

(Surface Coating)

Pharmaceutical Products EPA-450/2-78-029 – Control of Volatile Organic Emissions 

from Manufacture of Synthesized Pharmaceutical Products
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EPA evaluation:

EPA reviewed Chapters 2 and 3 and has no comments. 

4. The bases for concluding that all referenced regulations fulfill RACT

San Joaquin action:

Table 4-1 of the District's staff report lists 55 rules that were analyzed for RACT.

Table 4-2 lists 10 rules that were not analyzed for RACT because either there were

no emission limits in the rules or the rules were superseded by other District rules. 

Chapter 4 of the District's staff report indicates that if a rule "had been recently SIPapproved, it was understood that the rule had been evaluated by the EPA and found 

to fulfill RACT, and no detailed analysis was conducted."5

EPA evaluation:

Chapter 4 contains the bulk of SJV's RACT analysis and is extensive. The District's 

conclusion that a recently approved SIP rule fulfills RACT may generally hold true,

but may not always be the case such as when EPA approves a rule only as a SIP 

strengthening action or when the rule amendments involve non-substantive 

changes. This could occur when a rule is strengthened to clarify definitions or 

update test methods but requirements affecting emissions are not changed.

Investing staff time to evaluate whether certain control technology suggested 

through the public commenting process is "reasonably available" is important and 

can provide leads to potential emission reductions. However, to further the effective 

use of limited staff resources, we encourage public commenters to include enough 

specific information on the suggested control technology to allow regulatory staff to 

efficiently investigate the recommendation and determine whether it is in fact 

"reasonably available" for implementation in the nonattainment area.

We included the following considerations in our review of SJV's RACT SIP and 

whether its rules meet RACT.

4.1 States and EPA must consider ―available information‖ during RACT rulemaking 

process

The preamble to the Phase 2 ozone implementation rule states that EPA may 

approve a state certification that a 1-hour RACT control measure continues to 

satisfy RACT for the 8-hour standard absent information indicating it should not be 

approved. 70 FR 71612 at 71652. States must, however, consider available 

information during their rulemaking processes and must provide supporting 

information to EPA together with a certification. Both the States and EPA are 

required to consider information presented during notice-and-comment rulemaking 

processes. 70 FR 71612 at 71655. The D.C. Circuit has upheld this approach to 

RACT evaluations under the 8-hour ozone standard. See NRDC v. EPA, 571 F. 3d 

 

5 San Joaquin Valley Air Pollution Control District, 2009 RACT SIP, April 16, 2009, 

page 4-1.
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1245 (D.C. Cir. 2009)6(noting that EPA could ―reasonably conclude  ̳that the best 

way to address the possibility that CTGs or ACTs might not reflect all currently 

available technologies was by requiring each State to consider any new available 

information in making its certification, which will then be reviewed by the EPA as 

part of the SIP submission process‘‖); see also State Implementation Plans; 

General Preamble for Proposed Rulemaking on Approval of Plan Revisions for 

Nonattainment Areas—Supplement (on Control Techniques Guidelines), 44 FR 

53761 (September 17, 1979) (―1979 General Preamble‖) (stating that CTG 

presumptive norms are only recommendations and that ―[i]n reviewing an individual 

regulation, EPA will consider not only the information in the CTG, but also any 

material included in the State submittal and in public comments on the submittal‖).

4.2 Evaluation of technological and economic feasibility should include review of 

demonstrated controls at similar source categories

EPA guidance documents indicate that States and EPA should consider 

demonstrated controls at similar types of facilities in evaluating technological 

feasibility for RACT purposes. See 57 FR 55624 (November 25, 1992) (―NOx 

Supplement to the General Preamble‖) (stating that RACT "may require technology 

that has been applied to similar, but not necessarily identical, source categories‖). 

Application of a control at a similar facility does not necessarily establish RACT for 

all such facilities but it provides information that the State and EPA should consider. 

See ―RACT Qs & As – Reasonably Available Control Technology (RACT) 

Questions and Answers,‖ memorandum from William T. Harnett to Regional Air 

Division Directors, May 18, 2006, Answer #2 (stating that ―[i]n performing a RACT 

analysis, States should look at available controls... to conclude whether they are 

reasonably available for a specific source or source category. However, the fact 

that another similar source has such controls in place does not mean that such a 

control is reasonably available for all other similar sources across the country.‖).

As to economic feasibility, EPA has stated that ―the cost of using a control measure 

is considered reasonable if those same costs are borne by other comparable 

facilities.‖ See 59 FR 41998 at 42009 (August 16, 1994); see also 57 FR 18070 at 

18074 (April 28, 1992) (―Supplement to the 1992 General Preamble‖) (stating that 

where the costs of a control are ―known and have been borne by owners of existing 

sources in numerous cases,‖ such costs are ―normal and assumed to be 

reasonable...‖). But ―[e]conomic feasibility rests very little on the ability of a 

particular source to  ̳afford‘ to reduce emissions to the level of similar sources.... 

Rather, economic feasibility for RACT purposes is largely determined by evidence 

that other sources in a source category have in fact applied the control technology 

in question.‖ Supplement to the 1992 General Preamble at 18074. 

 

6

 Available at 

http://www.cadc.uscourts.gov/internet/opinions.nsf/4E1EBEFCDF890DD58525780700

467415/$file/06-1045-1195613.pdf
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4.3 RACT should be case-by-case and location-specific

Although EPA issues CTGs to provide presumptive norms, States may develop 

case-by-case RACT requirements independently of EPA‘s recommendations, and 

―EPA will propose to approve any submitted RACT requirement that the State 

shows will satisfy the requirements of the Act for RACT, based on the economic 

and technical circumstances of the particular sources being regulated.‖ 1979 

General Preamble. See also Memorandum dated April 11, 1986, from Gerald A. 

Emison, Director, OAQPS, ―Issue: What criteria should be used to determine 

economic feasibility for non-CTG VOC sources?‖ (stating that ―...whether or not a 

source is addressed by a CTG, no universally applicable decision rule can supplant 

case-by-case judgment on what constitutes RACT.‖) In addition to costeffectiveness, States/EPA should consider numerous other factors – e.g., age of 

facility, quantity and nature of emissions, severity of existing air quality problem, 

extent of controls present, and comparability to standard industry practice in related 

industries. See id. Thus, ―[i]t is conceivable, given differing local circumstances, 

that a control option could be reasonably available in one location and 

unreasonable in another.‖ Id. See also memorandum dated March 16, 1994, from 

D. Kent Berry, Acting Director, Air Quality Management Division, to Air Division 

Directors, EPA Regions I-X, entitled ―Cost-Effective Nitrogen Oxides (NOx) [RACT]‖ 

(―States may adopt statewide NOx RACT levels which are more stringent than the 

EPA levels based on statewide industry conditions‖). 

We separated SJV's rules into the following categories and evaluated the rules in 

each group.

Group 1: Rules that EPA recently approved or proposed to approve as 

implementing RACT.

Group 2: Rules for which we are not aware of more stringent controls that are 

reasonably available.

Group 3: Rules that EPA has disapproved or proposed to disapprove for failure to 

demonstrate they fully satisfy current RACT. The federal register rulemaking notices 

and associated technical support documents (TSDs) provide the details of our 

evaluation. These rules should be amended to meet RACT and resubmitted for SIP 

approval. This is particularly important where more stringent controls have been 

implemented in a number of other areas and have been achieved in practice for 

several years.

Group 4: Rules EPA is currently evaluating for RACT.

SJV's Table 4-1 lists 55 rules which SJV analyzed for RACT. Included in this list 

were the following rules that are not required to meet RACT under CAA section 182:
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Rule 4106 Prescribed Burning and Hazard Reduction Burning – not a CTG category 

and does not regulate major sources

Rule 4601 Architectural Coatings – not a CTG category and does not regulate major 

sources

Rule 4652 Coatings and Ink Manufacturing – not a CTG category and does not 

regulate major sources

Rule 4692 Commercial Charbroiling – not a CTG category and does not regulate 

major sources

Rule 4902 Residential Water Heaters – not a CTG category and does not regulate 

major sources 

Rule 4905 Residential Central Furnaces – not a CTG category and does not 

regulate major sources

The following rules are not included in SJV's Table 4-1 but discussed in EPA's 

review below:

Rule 4320 Advanced Emission Reduction Options for Boilers, Steam Generators, 

and Process Heaters Greater Than 5.0 MMBtu/Hr (adopted 10/16/2008). This rule 

is not, however, required to satisfy RACT as sources subject to it are covered by a 

separate RACT rule (Rule 4306).

Rule 4566 Organic Material Composting Operations – major source, rule adopted 

two years after RACT SIP demonstration (Rule 4566 adopted 8/18/2011)

Rule 4695 Brandy Aging and Wine Aging Operations – regulates major sources, rule 

adopted 5 months after RACT SIP demonstration (Rule 4695 adopted 9/17/2009)

Rule 4352 Solid Fuel Fired Boilers, Steam Generators and Process Heaters appears 

in SJV's detailed analysis, but is missing from the list of 55 rules in Table 

4-1.

Subtracting 6 rules (4106, 4601, 4652, 4692, 4902, and 4905) from the 55 total rules 

SJV analyzed for RACT and adding 3 additional rules ( 4566, 4695, 4352) gives 52

rules total needed to meet RACT.

Group 1 

Rules that EPA recently approved or proposed for approval into the SIP as 

implementing RACT. This group accounts for 26 of the 52 rules needed to meet 

RACT. Table 1 below summarizes our analysis. More details can be found in the 

Federal Register notices cited in the table below.

Table 1 – Group 1 – Rules that EPA recently approved or proposed to approve 

into the SIP as implementing RACT

Rule 

Number Review

4103 Open Burning

Amended 5/17/2007 Approved 74 FR 57907 - 11/10/2009
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Rule 

Number Review

Amended 4/15/2010 Proposed approval 76 FR 40660 – 7/11/2010

Rule 4103 regulates the open burning of combustible refuse or other material where 

emissions are not directed through a flue. The purpose of the rule is to permit, regulate, 

and coordinate the use of open burning while minimizing smoke impacts on the public. 

EPA has proposed to approve Rule 4103 as consistent with applicable CAA requirements 

and guidance regarding enforceability, RACM, and SIP revisions. The TSD has more 

information on our evaluation. EPA is currently evaluating comments submitted during the 

public comment period on our proposed action.

4306

Boilers, Steam Generators, and Process Heaters – Phase 3

Amended 10/16/2008 Approved 75 FR 1715 - 01/13/2010

Rule 4306 limits NOx and Carbon Monoxide (CO) emissions from boilers, steam 

generators and process heaters fired on gaseous or liquid fuel with a total rated heat input

larger than 5 MMBtu/hr. 

In approving Rule 4306 EPA determined the rule is as stringent as, or more stringent than, 

analogous rules adopted by SCAQMD, SMAQMD and other large California nonattainment

agencies. These agencies generally have among the most stringent stationary source

requirements nationwide, and we are not aware of other reasonably available technological 

or operational controls likely to significantly reduce emissions from this activity.

Rule 4320

Advanced Emission Reduction Options for Boilers, Steam Generators, and Process 

Heaters Greater than 5.0 MMBtu/hr

Adopted 10/16/2008 Approved 76 FR 16696 – 03/25/2011

Rule 4320 was first adopted in October 2008 and limits NOx, CO, SO2, and PM10 from 

boilers, steam generators, and process heaters with a total rated heat input greater than 5 

MMBtu/hr.

EPA approved Rule 4320 only as SIP-strengthening (not as meeting RACT) but determined 

that the source category covered by this rule is subject to RACT requirements under SIPapproved Rule 4306. Our technical support document for approving Rule 4320 indicated 

that if, in the future, the District intends to rely on Rule 4320 to implement RACT, Rule 4320 

would need to be modified to delete the provision which allows sources to pay fees in lieu 

of compliance or otherwise ensure RACT is implemented.

Since EPA viewed Rule 4320 as a SIP strengthening measure, we did not count it towards 

the total number of rules needing to meet RACT

4307

Boilers, Steam Generators, and Process Heaters - 2.0 MMBtu/hr to 5.0 MMBtu/hr

Amended 10/16/2008 Approved 75 FR 1715 - 01/13/2010

Amended 5/19/2011, not yet submitted to EPA

Rule 4307 limits NOx, SO2, PM10 and CO emissions from boilers, steam generators and 

process heaters fired on gaseous or liquid fuel with a total rated heat input between 2 and 

5 MMBtu/hr. The 2008 amendments included requirements to regulate SO2 and PM10 

emissions as well as to strengthen the emission limits for NOx.

In approving Rule 4307 EPA determined the rule is as stringent as, or more stringent than, 

analogous rules adopted by SCAQMD, SMAQMD and other large California nonattainment
-15-

Rule 

Number Review

agencies. These agencies generally have among the most stringent stationary source

requirements nationwide, and we are not aware of other reasonably available technological 

or operational controls likely to significantly reduce emissions from this activity.

4308

Boilers, Steam Generators, and Process Heaters - 0.075 MMBtu/hr to 2.0 MMBtu/hr

Amended 10/20/2005 Approved 72 FR 29886 – 05/30/2007; (subject of RACT SIP)

Amended 12/17/2009 Approved 76 FR 5276 – 1/31/2011 (amended after RACT SIP was 

submitted)

Rule 4308 limits NOx and CO emissions from boilers, steam generators, process heaters 

and water heaters with a total rated heat input equal to or greater than 0.075 MMBtu/hr and 

less than 2 MMBtu/hr.

In approving Rule 4308 EPA determined the rule is as stringent as analogous rules 

adopted by SCAQMD, SMAQMD and other large California nonattainment agencies and 

we are not aware of other reasonably available technological or operational controls likely 

to significantly reduce emissions from this activity.

4309

Dryers, Dehydrators and Ovens 

Adopted 12/15/2005 Approved 72 FR 29886 - 05/30/2007

Rule 4309 was first adopted in 12/2005 and imposes emission limits ranging from 3.5 ppmv 

NOx (for gas-fired milk, cheese, and dairy processing units) to 12 ppmv NOx for liquid-fired 

asphalt and concrete plants. Other processes and fuels have limits falling within this range.

In approving Rule 4309 EPA determined that it implements RACT and the emission limits 

are the most stringent limits that have been imposed for this source category. This rule 

reduces emissions from sources that were not regulated previously.

4311

Flares

Rule 4311 limits VOC, NOx and SOx emissions from flaring events.

SIP approved 6/20/2002 amendments on 68 FR 8871 2/26/2003

Proposed approval of 6/15/2006 amendments on 72 FR 65283 11/20/2007

Proposed approval of 6/18/2009 amendments on 76 FR 52623 8/23/2011

This rule is applicable to operations involving the use of flares.

Our 2007 proposed approval recommended the District reconsider the utility of 

incorporating provisions from SCAQMD and BAAQMD flare rules to aid in enforcing their 

rule, developing an accurate emissions inventory, and minimizing excess emissions from 

flare activity. SJV amended Rule 4311 in 2009 to add requirements for a flare minimization 

plan and monitoring and recordkeeping for flaring activity and emissions.

The technical support document (TSD) for our 8/23/2011 proposed approval of Rule 4311 

states we relied on flare management plan requirements from the SCAQMD and BAAQMD 

to guide our review of SJV's flare rule since there is no state or national guidance on RACT 

for this category.

We believe SJV Rule 4311 is generally as stringent as other recently-adopted analogous 

rules for flares and that an enforceable rule which includes a flare minimization plan, 

monitoring and reporting of flaring events, and causal analysis satisfies RACT for flares.

Our TSD contains further details.

4354

Glass Melting Furnaces

Rule 4354 limits NOx, CO, VOC, SOx, and PM10 emissions from glass melting furnaces.
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Rule 

Number Review

SIP approved 8/17/2006 amendments on 72 FR 41894 8/1/2007 

Amended on 10/16/2008 (not submitted for SIP approval)

SIP-approved 9/16/2010 amendments on 76 FR 53640 8/29/2011

Amended 5/19/2011

SJV's RACT SIP states that recent amendments to Rule 4354's NOx limits makes it more 

stringent than South Coast's Rule 1117 limit for container glass. The District also states that 

Rule 4354 goes beyond the SC limit on flat glass and fiberglass. We note, however, that 

SC 1117 was last amended in 1984 and does not regulate flat glass or fiberglass. SJV also 

compares its rule against Bay Area Regulation 9 Rule 12 and indicates that although BA's 

NOx limits are more stringent than Rule 4354 for flat glass, BA staff verified there are no flat 

glass furnaces operating within the Bay Area. 

EPA published a final approval of the September 16, 2010 amendments on August 29, 

2011.

4409

Components at Light Crude Oil Production Facilities, Natural Gas Production Facilities, and 

Natural Gas Processing Facilities

Adopted 4/20/2005 Approved 71 FR 14652 - 03/23/2006

Rule 4409 limits VOC emissions from leaking components at light crude oil production 

facilities, natural gas production facilities, and natural gas processing facilities.

In approving Rule 4409 EPA stated that it replaces Rule 4403 and has more stringent 

requirements for allowable leak concentrations, allowable leak rates, and component repair 

periods; fewer exemptions; added replacement and retrofit requirements; and, updated test 

methods for determining compliance. 

4565

Biosolids, Animal Manure, and Poultry Litter Operations

Adopted 3/25/2007

Proposed approval signed August 2011

Rule 4565 limits VOC emissions from operations involving the management of biosolids, 

animal manure, or poultry litter and the operator who landfills, land applies, composts, or 

co-composts these materials.

EPA is proposing to approve Rule 4565 as meeting RACT. Our TSD contains additional 

details.

4570

Confined Animal Facilities

Limited approval/disapproval of 6/18/2009 amendments on 1/14/2010 (75 FR 2079), 

Amended on 10/21/2010 (submitted 4/5/2011)

Proposed approval signed August 2011

Rule 4570 limits VOC emissions from confined animal facilities. The rule applies to large 

dairies, beef feedlots, and poultry facilities.

EPA finalized a limited approval/disapproval on Rule 4570 that was adopted on 6/18/2009 

because while the rule improves the SIP, poultry operations between 400,000 – 650,000 

chickens should not be exempted from the rule and the submittal should better demonstrate 

how the rule's control measure menus implement RACT. EPA's action stated we are 

postponing a decision on whether the rule implements RACT for dairies, beef feedlots and 

other cattle facilities. The federal register notice and associated technical support 

document contain additional details. 
-17-

Rule 

Number Review

SJV amended Rule 4570 on 10/21/2010 and CARB submitted it to EPA on 4/5/2011. EPA 

believes the amendments strengthen Rule 4570, meets RACT and proposes to approve it 

into the SIP. Our TSD contains additional details.

4603

Surface Coating of Metal Parts and Products

Amended 10/16/2008 Approved 75 FR 2796 – 01/19/2010

Amended 9/17/2009 Proposed approval 76 FR 32113 6/3/2011

Rule 4603 limits VOC emissions from the surface coating of metal parts or products, large 

appliances parts or products, metal furniture, and from organic solvent cleaning, storage 

and disposal associated with these coating operations. 

EPA's approval of the 10/16/2008 amendments indicated Rule 4603 had equivalent or more 

stringent requirements than the 2008 CTG for Miscellaneous Metal and Plastic Parts except 

for an exemption in section 4.2 regarding touch-up and repair operations and a limit for 

baked extreme performance coating. Our evaluation concluded that the differences in the 

limits were relatively small and that the rule contains VOC limits for four other coating 

categories that were more restrictive than the CTG recommendations. The TSD provides 

additional details.

On 9/17/2009, SJV amended Rule 4603 to incorporate the 2008 CTG limits for surface 

coating of plastic products and pleasure crafts. The amendments also removed the 

exemption for touch-up and repair coatings and lowered the limit for baked extreme 

performance coatings consistent with the 2008 Miscellaneous Metal and Plastic Parts 

Coatings CTG. EPA proposed approval of the 9/17/2009 amendments in 76 FR 32113 –

06/3/2011.

4604

Can and Coil Coating Operations 

Amended 9/20/2007 Approved 75 FR 2796 – 01/19/2010

Rule 4604 limits VOC emissions from can and coil coating operations, and from organic 

solvent cleaning, storage and disposal associated with these operations. 

Rule 4604 requires VOC emission control systems to have an overall capture and control 

efficiency of at least 90 percent by weight. This is more stringent than South Coast‘s 

requirement of 90 percent collection by weight and 95 percent destruction efficiency.

In approving Rule 4604 EPA determined the rule is equivalent to, or more stringent than 

requirements in other large California nonattainment areas. 

4606

Wood Products Coating Operations 

Amended 10/16/2008 Approved 74 FR 52894 – 10/15/2009

Rule 4606 limits VOC emissions from wood products coating operations, including furniture, 

cabinets, flat wood paneling, custom replica furniture, and from the organic solvent 

cleaning, storage and disposal of solvents associated with these operations.

EPA‘s 2006 CTG, ―Flat Wood Paneling Coatings,‖ generally defines presumptive RACT for 

this activity nationwide as VOC limits in coatings of 250 grams of VOC/liter of coating or 

350 grams of VOC/gram of solids. SJV Rule 4606 incorporates the VOC limits and work 

practices from the 2006 CTG. 

In approving Rule 4606 EPA determined that most requirements are equivalent to, or more 

stringent than requirements in analogous rules in other large California nonattainment 

areas. While a few requirements are more stringent in other areas, we believe the 
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Rule 

Number Review

variations are not significant and are generally offset by other more stringent requirements 

in Rule 4606.

We are not aware of other reasonably available technological or operational controls likely 

to significantly reduce emissions from this rule.

4607

Graphic Arts 

Amended 12/18/2008 Approved 74 FR 52894 – 10/15/2009

Rule 4607 limits VOC emissions from graphic arts printing including digital printing, paper, 

film, foil or fabric coating and from solvent cleaning materials and processes associated 

with these operations.

EPA‘s CTGs on Offset Lithographic Printing and Letterpress Printing; Flexible Package 

Printing; and Paper, Film, and Foil Coatings generally define presumptive RACT for these

activities nationwide. 

In approving Rule 4607 EPA determined the requirements are generally equivalent to, or 

more stringent than the 2006/2007 CTGs and we are not aware of other reasonably 

available technological or operational controls likely to significantly reduce emissions from 

this activity.

4612

Motor Vehicle and Mobile Equipment Coating Operations – Phase II 

Amended 9/20/2007 Approved 75 FR 2796 – 1/19/2010

Amended 10/12/2010

Rule 4612 limits VOC emissions from coatings associated with motor vehicles, mobile 

equipment, and associated parts and components and from the organic solvent cleaning, 

storage, and disposal associated with these operations.

Rule 4612 replaces Rule 4602 and closely resembles CARB‘s Suggested Control Measure 

(SCM) for Automotive Coatings. We believe CARB's 2005 SCM is a reliable source of

RACT control options. 

EPA's approval of the 9/20/2007 version of Rule 4612 responds to EarthJustice's

comments that certain limits in the rule are not as stringent as limits in other air districts. 

After reviewing analogous rules, we believe Rule 4612 meets RACT and we are not aware 

of other reasonably available technological or operational controls likely to significantly 

reduce emissions from this activity.

On 10/21/2010, SJV amended Rule 4612 to add definitions and to clarify the rule, 

compliance and recordkeeping requirements. The 10/21/2010 amendments were 

submitted to EPA on 4/5/2011 and are currently being reviewed. 

4621

Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk Plants

Amended 12/20/2007 Approved 74 FR 56120 – 10/30/2009

Rule 4621 limits VOC emissions from stationary storage containers greater than 250 

gallons, delivery vessels, and bulk plants.

In approving Rule 4621 EPA stated it was consistent with relevant policy and guidance 

regarding enforceability, RACT, and SIP relaxations and concluded that the rule is 

generally equivalent to those adopted by other California agencies in large nonattainment 

areas (e.g., Sacramento Metropolitan AQMD Rule 448, South Coast AQMD Rule 461, 

Ventura County APCD Rule 70, and SJV Rule 4621). We are not aware of other 

reasonably available technological or operational controls that are likely to achieve 
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Rule 

Number Review

significant additional emission reductions from this activity.

4622

Gasoline Transfer into Motor Vehicle Fuel Tanks

Amended 12/20/2007 Approved 74 FR 56120 – 10/30/2009

Rule 4622 limits VOC emissions of gasoline vapors from the transfer of gasoline into motor 

vehicle fuel tanks and applies to gasoline storage and dispensing operations or mobile 

refueling operations where gasoline is transferred into motor vehicle fuel tanks.

In a March 24, 2003, action, EPA determined that the 9/19/2002 version of Rule 4622 

satisfied RACT. The current version which was amended on December 20, 2007 further 

strengthens the existing SIP rule. In approving the 12/20/2007 amendments EPA 

concluded the rule is consistent with the relevant policy and guidance regarding

enforceability, RACT, and SIP relaxations.

4624

Organic Liquid Loading 

Amended 12/20/2007 Approved 74 FR 52694 – 10/15/2009

Rule 4624 limits VOC emissions from the transfer of organic liquids. 

The emission limit in Rule 4624 of 0.08 lb VOC per 1,000 gallons of liquid is consistent with 

limits in other district rules which range from 0.05 lb per 1,000 gallons to 0.84 lb VOC per 

1,000 gallons of gasoline. South Coast AQMD allows an option of either 0.05 lb VOC per 

1,000 gallons or reducing VOC emissions by 95 percent weight from uncontrolled 

conditions. We are not aware of other reasonably available technological or operational 

controls likely to significantly reduce additional emissions from this activity.

4651

VOC Emissions from Decontamination of Soil 

Amended 9/20/2007 Approved 74 FR 56120 – 10/30/2009

Rule 4651 limits VOC emissions from soil contaminated with a VOC-containing liquid and 

applies to operations involving the excavation, transportation, handling, decontamination, 

and disposal of contaminated soil.

In approving Rule 4651 EPA concluded that it is as stringent as comparable rules in other 

California agencies (specifically, South Coast AQMD Rule 1166, Bay Area AQMD 

Regulation 8 Rule 40, and Ventura County APCD Rule 74-29). We believe the 95% or 

greater control efficiency level using selected reasonably available control technology fulfills 

the requirements of RACT. We are not aware of other reasonably available technological or 

operational controls likely to significantly reduce emissions from this activity.

4653

Adhesives

Amended 9/20/2007 Approved 74 FR 52894 - 10/15/2009. 

Amended 9/16/2010.

Rule 4653 limits VOC emissions from the application of adhesive products, sealant 

products, and associated solvent cleaning operations. 

In approving Rule 4653 EPA determined that EPA's 2008 CTG on Miscellaneous Industrial 

Adhesives generally defines presumptive RACT for this activity nationwide and that 

generally the requirements in Rule 4653 are equivalent to or more stringent than the 2008 

CTG.

SJV amended Rule 4653 on 9/17/2009 and on 9/16/2010. The 9/16/2010 amendments 

were submitted to EPA on 4/5/2011 and are currently being reviewed.

4661 Organic Solvents 

Amended 9/20/2007 Approved 75 FR 24406 – 5/5/2010
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Rule 

Number Review

Rule 4661 limits VOC emissions from the use of organic solvents.

Rule 4661 is more stringent than the 2006 CTG in that it limits organic solvents to 25 g/l or 

less while the CTG allows a limit of 50 g/l. Rule 4661 also specifies a control efficiency of 

at least 95% as an alternative to meeting the VOC limits while the 2006 CTG requires an

overall control efficiency of 85% or greater.

In approving Rule 4661 EPA concluded it is consistent with the relevant policy and 

guidance regarding enforceability, RACT, and SIP relaxations.

4662

Organic Solvent Degreasing Operations 

Amended 9/20/2007 Approved 74 FR 37948 – 7/30/2009

Rule 4662 limits VOC and hazardous air pollutant emissions from organic solvent 

degreasing operations.

In approving Rule 4662 EPA determined that the rule is consistent with the relevant policy 

and guidance regarding enforceability, RACT, and SIP relaxations. Rule 4662 contains the 

same basic work practices as the CTG for degreasing operations and an updated solvent

limit of 25 g/l. The rule is as stringent as the National Emission Standards for Halogenated 

Solvent Cleaning and the 25 g/l limit is equivalent to similar SCAQMD, SMAQMD, and 

VCAPCD rules.

We are not aware of other reasonably available technological or operational controls likely 

to significantly reduce emissions from this activity.

4663

Organic Solvent Cleaning, Storage, and Disposal 

Amended 9/20/2007 Approved 74 FR 37948 – 7/30/2009

Rule 4663 limits VOC emissions from organic solvent cleaning and from the storage and 

disposal of solvents and waste solvent materials.

Rule 4663‘s 25 g/l VOC solvent limit and 90% control requirement are at least as stringent 

as the presumptive RACT level in EPA‘s 2006 CTG of 50 g/l solvents and 85% control 

nationwide. 

We are not aware of other reasonably available technological or operational controls likely 

to significantly reduce additional emissions from this activity.

4695

Brandy Aging and Wine Aging Operations

Rule 4695 limits VOC emissions from brandy and wine aging operations. 

Adopted on 9/17/2009 Proposed approval on 76 FR 3181 – June 8, 2011

Final approved 76 FR 47076 – 8/4/2011

The rule requires all brandy aging operations be conducted in a warehouse that is initially 

certified and maintained as a Permanent Total Enclosure using the requirements of 40 CFR 

51 Appendix M, Method 204.

In approving Rule 4695 EPA concluded that it is consistent with the relevant policy and 

guidance regarding enforceability, RACT, and SIP relaxations. 

4702

Internal Combustion Engines – Phase 2 

Amended 1/18/2007 Approved 73 FR 1819 – 1/10/2008

Amended 8/18/2011
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Rule 

Number Review

Rule 4702 limits NOx, CO, and VOC emissions from internal combustion engines with a 

rated brake horsepower greater than 50 hp.

Rule 4702 applies to compression-ignited engines, transportable engines and to engines 

used in agricultural operations, but exempts engines used exclusively to power mobile 

agricultural equipment, engines used to power wind machines for crop protection, and derated engines. SJV estimated the amended rule reduces NOx emissions by 21 tons per 

day compared to the previous SIP-approved version.

In approving Rule 4702 EPA concluded that the inclusion of agricultural, transportable, and 

compression-ignited engines in Rule 4702 strengthens the rule. The amendments allow 

the use of portable NOx analyzers to check compliance before the required performance of 

a full source test. Our prior action on Rule 4702 concluded that it implemented 

BACM/BACT for PM-10. The revised Rule 4702 continues to implement BACM/BACT for 

these engines.

In approving Rule 4702 we determined that it is consistent with the CAA, EPA regulations, 

and relevant policy and guidance regarding enforceability, BACM/BACT, RACM/RACT, and 

SIP relaxations. Rule 4702 was further amended on August 18, 2011.

4703

Stationary Gas Turbines 

Amended 9/20/2007 Approved 74 FR 53888 – 10/21/2009

Rule 4703 limits NOx emissions from stationary gas turbines that are subject to District 

permitting requirements, greater than or equal to 0.3 MW or have a maximum heat input 

rating of greater than 3 MMBtu/hr.

We are not aware of other reasonably available technological or operational controls likely 

to significantly reduce emissions from this activity. In approving Rule 4703 we determined 

that it is consistent with the relevant policy and guidance regarding enforceability, RACT, 

and SIP relaxations.

Group 2

This group represents rules that are generally older than Group 1 measures and for 

which we are not aware of more stringent controls that are reasonably available. 

EPA has approved a version of these rules into the SIP and we are not aware of 

information that undermines SJV's RACT analysis.

Rules in this group generally have a small emissions inventory. Group 2 rules 

account for 17 of the 52 rules analyzed by SJV's RACT SIP demonstration. Table 2

below summarizes our analysis. More details can be found in the referenced 

Federal Register notices cited in the table below.

Table 2 – Group 2 – Older SIP rules for which we are not aware of more 

stringent controls that are reasonably available

The 2008 NOx and VOC emissions in the table below were taken from Chapter 4 of 

SJV's RACT SIP 4/16/2009 submittal.
-22-

Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

4104

Reduction of Animal Matter

Rule 4104 limits the air contaminants from operations 

used for the reduction of animal matter. 

SIP approved 75 FR 10690 3/9/2010

Rule 4104 was adopted primarily to control pathogens 

and odors rather than ozone precursors. VOC emissions 

from affected sources are expected to be minimal. Rule 

4104 requires 100% capture and destruction of VOC at 

1200F for 0.3 seconds. This requirement is similar to 

requirements in other air districts. 

EPA's TSD supporting our approval of Rule 4104 states 

that there are only 2 permitted sources in SJV and VOC 

emissions are too small to report as part of the RACT SIP 

demonstration. San Joaquin's RACT SIP also indicates 

that permitted sources' incineration equipment such as 

thermal oxidizers are subject to more stringent 

requirements and must achieve a temperature of 1400F 

for no less than one second.

12/17/1992 --- ---

4301

Fuel Burning Equipment

Rule 4301 limits particulate, NOx and SO2 emissions from 

fuel burning equipment.

SIP approved 64 FR 26876 5/18/1999

SJV's RACT SIP states: "District's permits database 

search determined that all permit units to which NOx 

requirements of Rule 4301 apply, have been subject to 

the following SIP approved rules that supersede the NOx 

requirements of this rule."

4306 - Boilers, Steam Generators and Process Heaters

4307 - Boilers, 2.0 MMBtu/hr to 5.0 MMBtu/hr

4308 – Boilers, 0.075 MMBtu/hr to 2.0 MMBtu/hr

4309 – Dryers, Dehydrators, and Ovens

4352 – Solid Fuel Fired Boilers

EPA's review of AP42 Chapter 9.2.3 indicates that 

orchard heaters, which might fall under Rule 4301, are 

expected to have negligible NOx emissions due to their 

relatively low combustion temperatures. We are not 

aware of any other sources that might fall under Rule 

4301.

According to the 2009 RACT SIP, the sum of the 2008 

emissions from all sources subject to the above five NOx 

rules is less than 25 tpd. We recently asked the District to 

clarify the source of the 79.3 tpd.

12/17/1992 79.3 n/a

4313

Lime Kilns

Rule 4313 limits NOx emissions from lime kilns, and was 

3/27/2003 0 0
-23-

Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

newly adopted in 2003.

SIP approved 68 FR 52510 9/4/2003

Rule 4313 limits NOx emissions to 0.10 pounds 

expressed as NO2 per million Btu for gaseous fuel. EPA's 

TSD states that the rule is similar to a Wisconsin rule and 

fulfills RACT. Our TSD stated that we are not aware of 

another state or District regulating lime kiln emissions.

4404

Heavy Oil Test Station – Kern County

Rule 4404 limits VOC emissions from heavy oil test

stations. The rule defines these stations as generally 

comprising a tank which directly receives crude oil 

production from more than one steam drive well and a 

tank which tests the production rate from a single steam

drive well.

SIP approved 75 FR 10690 3/9/2010

SJV's RACT analysis indicates that although the rule 

requires at least 99% VOC reduction on atmospheric 

tanks, there are currently no operating atmospheric test 

tanks in SJV. The RACT SIP further states that there are 

zero emissions for this category.

In the TSD supporting our 3/9/2010 approval of Rule 4404

EPA stated that the rule meets RACT. 

12/17/1992 --- 0

4407

In-situ Combustion Well Vents

Rule 4407 limits VOC emissions from crude oil production 

well vents where in-situ combustion is used to enhance 

production.

SIP approved 60 FR 12121 3/6/1995 

SJV's RACT SIP states there are currently no in-situ 

combustion oil wells operating in the District and assigns

a value of zero tpd to this source category in the 

emissions inventory. There is no CTG for crude oil 

production wells using in-situ combustion

5/19/1994 --- 0

4408

Glycol Dehydration Systems

Rule 4408 was adopted in 2002 to limit VOC emissions 

from glycol dehydration systems.

SIP approved 68 FR 51187 8/26/2003

SJV's Rule 4408 staff report states glycol dehydration 

systems remove water vapor from natural gas streams to 

prevent corrosion and hydrate formation in pipelines. The 

absorbed hydrocarbons in the wet glycol solution are 

released through a vent or sent to a control device when 

the glycol solution is regenerated in a reboiler.

Rule 4408 reduces VOC emissions by requiring the use 

12/19/2002 --- 0.13
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Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

of a vapor recovery system, fuel gas system, or sales gas 

system; flare/incinerator; or any other system that controls 

emissions to 95% or no more than 1.7 lbs VOC/million 

cubic feet of gas. 

Rule 4408's staff report estimates 1.53 tpd VOC 

reductions from adopting the rule compared to 1.66 tpd 

emissions before rule adoption. Based on this 

information, we assigned an emissions estimate of 0.13 

tpd to this category instead of using ―not available‖ shown 

in SJV‘s RACT SIP.

Our TSD supporting our approval of Rule 4408 states that 

the technologies specified in Rule 4408 satisfy RACT 

requirements.

4453

Refinery Vacuum Producing Devices or Systems

SIP approved 75 FR 57862 9/23/2010

Rule 4453 limits VOC emissions from refinery vacuum 

producing devices or systems.

The rule requires reducing VOC emissions from refinery 

vacuum producing devices by covering hotwells and 

collecting vapors for recycle to refinery gas or incineration 

with at least 90% control efficiency. Rule 4453 controls 

are similar to EPA's CTG recommendations and to rules 

in the South Coast, Bay Area and Ventura air districts. 

In approving Rule 4453 EPA determined that this rule was 

consistent with relevant policy and guidance regarding 

enforceability, RACT, and SIP relaxations.

12/17/1992 --- ---

4454

Refinery Process Unit Turnaround

Rule 4454 limits VOC emissions from purging, repair,

cleaning, opening, or releasing pressure from a refinery 

vessel during a process unit turnaround.

SIP approved 75 FR 57862 9/23/2010

The rule requires VOC emissions be reduced by 

collecting and recycling the vapors to refinery gas, 

incineration, or flaring. 

SJV's RACT SIP points out that vessels under Rule 4454 

are also considered tanks which must meet Rule 4623 

requirements that they be degassed to less than 5,000 

ppm or less than 10% of the lower explosive limit before 

opening to the atmosphere. The District concludes that 

Rule 4454 in combination with Rule 4623 satisfy RACT.

In approving Rule 4454 EPA concluded this rule was 

consistent with relevant policy and guidance regarding 

enforceability, RACT, and SIP relaxations.

12/17/1992 --- ---
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Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

4455

Components at Petroleum Refineries, Gas Liquids 

Processing Facilities, And Chemical Plants 

SIP-approved (71 FR 14652 March 23, 2006) 

Rule 4455 limits VOC emissions from leaking 

components at petroleum refineries, gas liquids 

processing facilities, and chemical plants.

Rule 4455 was newly adopted in 2005 and supersedes 

Rules 4452 and 4454 which control fugitive emissions 

from components at refineries and chemical plants. 

SJV's RACT SIP, Table 2-1, lists Rule 4455 as needed to 

meet RACT requirements for 5 CTG source categories 

including refineries, synthetic organic chemical 

manufacturing, and natural gas/gasoline processes. 

These CTGs contain leak limits of 10,000 ppm. Leak 

limits in Rule 4455 for valves, flanges, and threaded 

connections range from 200 ppm to 10,000 ppm, and 100 

ppm for pressure relief devices. SJV's RACT SIP 

analysis states that since EPA approved this rule as 

meeting RACT (71 FR 14652 March 23, 2006), "the 

District did not pursue a detailed RACT analysis." 

In approving Rule 4455 EPA concluded that it is 

consistent with the CTG recommendations and has leak 

and repair requirements that are similar to requirements 

adopted by South Coast but are less stringent than Bay 

Area‘s Rule 8-18, which has had a 100 ppm limit for 

valves and connections since 1998. However, Bay Area's 

rule allows a more generous 500 ppm leak limit for 

pressure relief devices compared to Rule 455's 100 ppm 

limit.

Given the small inventory for this category, we do not 

believe Rule 4455 needs to be amended at this time, but 

recommend the District review Bay Area 8-18 limits for 

potential future improvements to Rule 4455 and submit 

those amendments to EPA. 

4/20/2005 --- 0.03

4610

Glass Coating Operations

Rule 4610 limits VOC emissions from the coating of glass 

products and applies to major sources.

SIP approved 69 FR 60962 10/14/2004

The rule allows the use of an emissions control device in 

lieu of complying with VOC content limits and coating 

application methods. Control devices used must have a 

capture efficiency of at least 90% and a destruction 

efficiency of at least 95%.

Our 10/14/2004 approval of this rule indicates Rule 4610 

is consistent with limits in other air districts. South Coast 

4/17/2003 --- 0.01
-26-

Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

amended its rule in 2004 and in 2009. South Coast's 

2004 amendments established more stringent limits 

effective in 2007 and 2008. Given the negligible 

emissions associated with this category and that the more 

stringent SC limits have been implemented only recently, 

we believe it was appropriate for SJV to consider Rule 

4610 RACT at the time of their RACT SIP submittal, 

although we encourage SJV to consider more stringent 

limits in the near future.

4623

Storage of Organic Liquids

SIP approved 70 FR 53936 – 9/13/2005

Rule 4623 limits VOC emissions from the storage of 

organic liquids and applies to tanks with a capacity of 

1,100 gallons or greater.

In approving Rule 4623 EPA concluded that it is 

consistent with relevant policy and guidance regarding 

enforceability, RACT, and SIP relaxations. The 2005 

amendments corrected deficiencies we identified in an 

earlier version of the rule.

5/19/2005

.

-- 0.109

4641

Cutback, Slow Cure, and Emulsified Asphalt Paving and 

Maintenance Operations

Rule 4641 limits VOC emissions from asphalt paving by 

restricting the application and manufacturing of cutback 

asphalt, slow cure asphalt and emulsified asphalt.

SIP approved 75 FR 10690 3/9/2010

SJV‘s RACT SIP determined that Rule 4641 provisions 

are as stringent as the CTG recommendations, EPA‘s

Bluebook and East Coast States' rules. 

In approving Rule 4641 EPA determined that it

implements RACT. We are not aware of other reasonably 

available technological or operational controls likely to 

significantly reduce emissions from this category.

A public comment suggested that low NOx burners and 

flue gas recirculation could be used to achieve NOx 

reductions from these sources and cited Sacramento's 

Ozone Plan for additional information. EPA's discussion 

with Sacramento AQMD revealed their control measure 

did not apply to cutback asphalt paving operations but 

instead applied to emissions from asphaltic concrete 

plants and will be based on San Joaquin's Rule 4309. 

12/17/1992 0 2.3

4642

Solid Waste Disposal Sites

Rule 4642 limits VOC emissions from solid waste 

disposal sites which have a gas collection system and/or 

control device.

SIP approved 66 FR 38939 7/26/2001
-27-

Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

The rule exempts facilities that are subject to 40 CFR 60 

Subpart WWW Municipal Solid Waste Landfills, or 

Subpart Cc Emission Guidelines for Municipal Solid 

Waste Landfills.

 

In approving Rule 4642 EPA determined that it is 

consistent with relevant policy regarding RACT.

In re-evaluating this rule for the current RACT SIP 

demonstration, we believe the rule could also be 

strengthened by limiting surface emissions to 500 ppmv 

rather than 1,000 ppmv, and requiring quarterly landfill 

surface monitoring. We believe the rule continues, 

however, to implement RACT. We note also that all 

landfills must meet federal regulations under subpart 

WWW or Cc, and that Title 27 of the California Code of 

Regulations, Division 2, Subdivision 1, Chapter 3, 

Subchapter 4, Article 6 requires landfills to install gas 

collection and control systems and monitor quarterly. 

4/16/1998 0 1.7

4672

Petroleum Solvent Dry Cleaning Operations

Rule 4672 limits VOC emissions from petroleum solvent 

dry cleaning operations at petroleum solvent washers, 

dryers, solvent filters, settling tanks, and vacuum stills.

SIP approved 75 FR 10690 3/9/2010

SJV‘s RACT SIP determined that emissions from this 

category are very small and Rule 4672 is at least as 

stringent as the CTG, 40 CFR 60 subpart JJJ and similar 

requirements in other large California nonattainment 

areas.

 

In approving Rule 4672 EPA concluded that it is 

consistent with the relevant policy and guidance regarding 

enforceability, RACT and SIP relaxations and that we 

were not aware of other reasonably available

technological or operational controls likely to significantly 

reduce emissions from this category.

12/17/1992 --- 0.06

4681

Rubber Tire Manufacturing

SIP approved 63 FR 43881 8/17/1998

SJV's RACT SIP analysis states they have no sources in 

this category. We included this rule in Group 2 because it 

is listed in SJV‘s Table 4-1 for their RACT analysis. SJV 

adopted a negative declaration for the Pneumatic Rubber 

Tire Manufacturing CTG in December 2010 and CARB 

submitted it to EPA on June 20, 2011.

12/16/1993 --- 0

461.2

Vegetable Oil Manufacturing 

Rule 4691 limits VOC emissions from vegetable oil 

processing operations.

12/17/1992 --- 0.37
-28-

Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

The current SIP approved rule for vegetable oil 

processing operations is Rule 461.2. It was adopted on 

April 11, 1991 and approved into the SIP on January 18, 

1994 (59 FR 2535). Rule 461.2 was subsequently 

amended on May 21, 1992 and was renumbered as Rule 

4691 on December 17, 1992. Neither of these 

amendments were submitted for SIP approval.

EPA reviewed both Rules 461.2 and 4691 to determine if 

they satisfied RACT. Although there is no CTG or ACT 

for the vegetable oil category, there is a 2001 MACT 

standard, Solvent Extraction for Vegetable Oil Production, 

(40 CFR 63 Subpart GGGG). 

Rules 461.2 and 4691 require a combined capture and 

control efficiency of at least 90 percent by weight for 

certain pieces of equipment and monthly inspections of 

equipment for leaks. Leaks exceeding 10,000 ppm are 

required to be repaired within ten days. One concern with 

Rules 461.2 and 4691 is that although they control 

emissions from specific pieces of equipment and specify 

a leak limit, we believe the MACT's facility-wide control 

scheme may be more effective. For example, AP-42 

indicates that over half of hexane losses may occur as a 

result of fugitive emissions from tanks, piping, and 

equipment shutdowns and breakdowns requiring 

extraction equipment to be opened.7 

SJV's RACT analysis indicates there is only one major 

source vegetable oil processing operation within the 

District. San Joaquin also informed EPA that the facility is 

complying with the MACT standard as part of its permit 

condition. After reviewing Rule 461.2 and the MACT 

standard, we conclude that RACT is satisfied for the nonCTG category of vegetable oil processing operations 

through a combination of both Rule 461.2 and SJV's 

delegated authority to implement the MACT standard. 

The MACT GGG delegation can be found here: 

http://yosemite.epa.gov/r9/r9nsps.nsf/0/85F04BC5E7424

A5988256D7200770E11?OpenDocument

4693

Bakery Ovens 

Rule 4693 limits VOC emissions from bakery ovens at 

major source facilities.

SIP approved 69 FR 22441 – 4/26/2004

5/16/2002 --- 0.54

 

7 AP42 Section 9.11.1 Vegetable Oil Processing 

http://www.epa.gov/ttn/chief/ap42/ch09/bgdocs/b9s11-1.pdf
-29-

Rule 

Number Rule Title

Date Last 

Amended

2008 

TPD

NOx

2008 

TPD

VOC

Rule 4693 requires new and existing major source 

bakeries to control VOC exhaust emissions to at least 

95%. The emission reduction efficiency of 95% is similar

to other air districts' rules and applies to major sources. 

For comparison, SCAQMD Rule 1153 requires similar 

control efficiencies, but applies to major and non-major 

sources. Sacramento Rule 458 requires a 95% emission 

reduction for new and existing ovens with over 100 

pounds per day of VOC base emissions.

In approving Rule 4693 EPA stated the rule is consistent 

with the relevant policy and guidance regarding 

enforceability, SIP relaxations, and RACT. We

recommended that the next time Rule 4693 is amended, 

SJV should consider the cost/benefit of extending the 

controls on VOC emissions down to smaller ovens in the 

50-100 pounds per day of VOC base emissions range. 

We made the above suggestion when SJV was 

designated and classified as a severe ozone

nonattainment area (major source > 25 tpy). Since SJV is 

now classified as "extreme" ozone non-attainment (major 

source > 10 tpy) and Rule 4693 applies to bakery ovens 

at major sources, the lowering of the major source 

threshold results in the smaller bakery sources now being 

covered under Rule 4693. We believe this rule continues 

to satisfy RACT.

Group 3

This group represents rules that EPA has disapproved or proposed to disapprove 

because the District has failed to demonstrate they fully satisfy current RACT. Group 

3 rules account for 7 of the 52 rules analyzed by SJV's RACT SIP demonstration. 

Table 3 below summarizes our analysis. The federal register rulemaking notices and 

associated technical support documents provide details of our evaluation. 

Three of the seven rules were recently amended to correct deficiencies preventing 

their full approval into the SIP. These amendments have either been submitted or 

are in the process of being submitted to EPA. For the remaining four rules, SJV has 

tentatively scheduled workshops in October 2011 to address amendments to the 

rules.

SJVUAPCD is actively working to address our comments and has held or has 

scheduled to hold public workshops to amend the rules or provide additional 

analysis. Several of these rules were recently amended and submitted to EPA.
-30-

Table 3 – Group 3 – Rules which do not fully satisfy RACT

Rule 

Number Rule Title

Date Last 

Amended

4352

Solid Fuel Fired Boilers, Steam Generators, and Process Heaters

Rule 4352 limits NOx and CO emissions from solid fuel fired boilers, steam 

generators and process heaters.

On October 1, 2010, EPA finalized a limited approval/limited disapproval of 

Rule 4352 (75 FR 60623). Our action concluded the District did not 

adequately demonstrate that the NOx emission limits satisfy RACT for units 

burning biomass, municipal solid waste, and other solid fuels such as coal. 

The notice stated that it appears all of the existing biomass-fired boilers in 

the SJV area that are subject to Rule 4352 are achieving emission levels 

significantly below 115 ppm at 3% O2. In the absence of information

indicating that these lower emission levels are not reasonably achievable in

the SJV area, our rulemaking concluded that the District had not adequately

demonstrated that the NOx limit in Rule 4352 (115 ppm at 3% O2) 

represented RACT.

SJV has tentatively scheduled a workshop for October 2011 to amend the 

rule, followed by a December 2011 Board hearing.

http://www.valleyair.org/Board_meetings/CAC/agenda_minutes/Agenda/201

1/August/CAC%20Rule%20Summary_Aug%2011.pdf

5/18/2006

4401

Steam Enhanced Crude Oil Production Wells

Rule 4401 limits emissions from steam-enhanced crude oil production wells. 

Emissions are controlled through a VOC collection and control device and 

uncontrolled emissions reduced by at least 99 percent by weight. SJV's 

4/16/2009 RACT SIP and CARB's emissions inventory indicates this source 

category represents approximately 13 tpd.

On January 26, 2010, (75 FR 3996) EPA published a final limited 

approval/disapproval on Rule 4401 because the rule inappropriately allows 

the District to waive an annual testing requirement unless EPA/CARB 

responds in writing within 45 days of the District's request. The District 

amended the rule on 6/16/2011 to address this deficiency. 

SJV adopted amendments to Rule 4401 on June 16, 2011, and CARB 

submitted it to EPA on July 28, 2011.

6/16/2011

4402

Crude Oil Production Sumps

Rule 4402 limits VOC emissions from crude oil production sumps.

On January 4, 2011, (76 FR 298) EPA proposed a limited 

approval/disapproval of Rule 4402. The notice stated that several areas 

could be strengthened to help implement RACT and a clearer demonstration

should be provided of why certain controls are not appropriate in light of 

analogous requirements in neighboring air districts. Areas which need to be 

addressed include: reducing the roof gap and requiring seals for rigid 

floating covers, requiring fixed cover tanks to be equipped with a control 

device with a minimum control efficiency, implementing periodic leak 

inspections of tank covers, reviewing whether current exemptions (including 

those for 2nd and 3rd stage sumps used by small producers – those with less 

12/17/1992
-31-

Rule 

Number Rule Title

Date Last 

Amended

than 6,000 barrels per day [252,000 gallons/day] that have less than 1,000 

square feet of surface area used exclusively for production of heavy crude 

oil) are still appropriate, lowering the VOC applicability threshold for "clean 

produced water" ponds, limiting the amount of time oil or oily water can 

remain in an emergency pit, and discontinuing the use of 1

st stage sumps. 

On July 7, 2011, (76 FR 39777), we finalized the limited approval /

disapproval of Rule 4402.

SJV has tentatively scheduled a workshop for October 2011 to amend the 

rule, followed by a December 2011 Board hearing.

http://www.valleyair.org/Board_meetings/CAC/agenda_minutes/Agenda/201

1/August/CAC%20Rule%20Summary_Aug%2011.pdf

4605

Aerospace Assembly and Component Coating Operations

Rule 4605 limits VOC emissions from aerospace coatings and adhesives, 

organic solvent cleaning, storage and disposal of solvents, and waste 

solvent materials associated with aerospace operations.

On January 26, 2010, (75 FR 3996) EPA finalized a limited 

approval/disapproval of Rule 4605 because we believed SJV had not 

adequately addressed recommendations in the 1997 CTG for 19 coating 

categories. 

SJV adopted amendments to Rule 4605 on June 16, 2011, and CARB 

submitted it to EPA on July 28, 2011.

6/16/2011

4625

Wastewater Separators

Rule 4625 limits VOC emissions from oil-water separators by requiring 

covers and use of vapor loss control devices.

On January 4, 2011, (76 FR 298) EPA proposed a limited 

approval/disapproval of Rule 4625 because SJV had not adequately 

demonstrated the rule met current RACT since more stringent control 

requirements, designs to control fugitive emissions and inspection and 

maintenance requirements exist in the 1988 NSPS, 1993 Bay Area and 

1996 South Coast rules.

Our proposed action indicated Rule 4625 should remove the automatic 

exemption for BACT and off-set requirements for new incinerators, have air 

floatation units covered under the rule, update the test methods, and add 

inspection requirements for covers and access hatches. 

On July 7/2011, (76 FR 39777), we finalized the limited 

approval/disapproval of Rule 4625.

SJV has tentatively scheduled a workshop for October 2011 to amend the 

rule, followed by a December 2011 Board hearing.

http://www.valleyair.org/Board_meetings/CAC/agenda_minutes/Agenda/201

1/August/CAC%20Rule%20Summary_Aug%2011.pdf

12/17/1992

4682

Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing

SIP approved 6/16/1994 amendments on 60 FR 31086 on 6/13/1995

9/20/2007
-32-

Rule 

Number Rule Title

Date Last 

Amended

Amended on 9/20/2007 (submitted 3/7/2008)

Rule 4682 limits VOC, trichlorofluoromethane (CFC-11) and 

dichlorofluoromethane (CFC-12) emissions from the manufacturing and 

processing of products composed of polystyrene, polyethylene, or 

polypropylene and from the storage of VOC blowing agents. 

On July 15, 2011, (76 FR 41745) EPA proposed a limited 

approval/disapproval of Rule 4682 because while it improves the SIP and 

meets most CAA requirements, it also contains a monthly averaging 

provision that does not satisfy the requirements of CAA section 110 and 

part D. EPA policy establishes criteria for supporting the need for monthly 

averaging of the VOC emission limit.

SJV has tentatively scheduled a workshop for October 2011 to amend the 

rule, followed by a December 2011 Board hearing.

http://www.valleyair.org/Board_meetings/CAC/agenda_minutes/Agenda/201

1/August/CAC%20Rule%20Summary_Aug%2011.pdf

4684

Polyester Resin Operations

Rule 4684 limits VOC emissions from polyester resin and fiberglass boat 

manufacturing operations and the organic solvent cleaning, storage and 

disposal of solvents and waste solvents associated with these operations. 

On January 26, 2010, (75 FR 3996) EPA finalized a limited 

approval/disapproval of Rule 4684 because we believed it did not meet 

RACT. The VOC monomer limits, overall capture and control efficiency 

requirements, and application methods for non-fiberglass boat 

manufacturing facilities were less stringent than similar rules in other nearby 

air districts. Our notice stated Rule 4684 should be revised to address 

RACT for sources covered in the 2008 CTG and for major sources of VOC 

that are subject to Rule 4684, but not covered by the 2008 CTG.

SJV amended Rule 4684 on 9/17/2009 and submitted those revisions to 

EPA on 5/17/2010.

SJV adopted additional amendments to Rule 4684 on August 18, 2011 to 

address EPA's 2010 limited approval/disapproval.

8/18/2011

Group 4

This group includes rules that were very recently adopted/amended by SJV and 

have not yet been submitted to EPA. We plan to publish our evaluation on whether 

these rules meet RACT in separate Federal Register actions after CARB submits 

them to us. Group 4 also includes recently amended pesticide regulations from the 

California Department of Pesticide Regulation (DPR) which apply in SJV. These 

DPR regulations were not included in SJV's RACT SIP analysis and were submitted 

to EPA after SJV adopted the RACT SIP.

Group 4 rules account for 2 of the 52 rules analyzed by SJV's RACT SIP 

demonstration. Rule 4566 for composting operations is a new recently adopted rule 
-33-

and was not included in the RACT SIP. Table 4 below lists the remaining SJV and 

DPR rules EPA is reviewing for RACT.

Table 4 – Group 4 – Rules that EPA is currently evaluating

Rule 

Number Rule Title Date Last 

Amended

4566

Compost

Rule 4566 limits VOC emissions from composting of organic material and 

minimizes inadvertent decomposition from related operations. It applies to 

facilities that compost or stockpile organic materials.

EPA submitted comments on the draft rule, most recently on July 7, 2011 

and July 27, 2011. 

Workshopped 9/26/2010, 6/23/2011, adopted August 18, 2011

8/18/2011

4694

Wine Fermentation and Storage Tanks

Rule 4694 limits VOC emissions from the fermentation and bulk storage of 

wine, or requires equivalent reductions from alternative emission sources.

SJV adopted amendments to Rule 4694 on August 18, 2011

8/18/2011

Field 

Fumigation

Fumigant VOC Regulation

Submitted 10/12/2009

Additional amendments submitted 8/2/2011

The California Department of Pesticide Regulation has jurisdiction over 

pesticide application in California. The regulations specify particular 

application practices and VOC control measures that are allowed during 

May-October each year.

EPA is currently reviewing the submittals.

5/2011

5. Recommendations

5.1 EPA recommends Rule 4455 be reviewed and updated as appropriate to consider 

whether more stringent leak limits are appropriate.

Rule 4455 – Components at Petroleum Refineries, Gas Liquids Processing Facilities, 

And Chemical Plants

Bay Area 8-18 has a 100 ppm limit for valves and connections since 1998. SJV should 

review the feasibility of Bay Area's leak limits for components.

5.2 Rule 4691 – Vegetable Oil Processing Operations

Rule 4691 has not been submitted for SIP approval. EPA approved its predecessor, 

Rule 461.2 into the SIP in 1994, but has no record of Rule 4691 being submitted for 

SIP approval. Rule 4691 should be amended. Our recommendations to improve Rule 
-34-

4691 include considering the overall facility mass-balance approach used in 40 CFR 63 

subpart GGGG, removing the NSR exemption for incinerators, and reviewing and 

updating the test method section as appropriate.

6. Summary

SJV has assembled a detailed analysis to demonstrate that its rules satisfy current 

RACT requirements. These efforts started with the District‘s 2006 analysis and 

culminated with the current submittal. Overall, we believe SJV's 2009 RACT SIP 

demonstration is an acceptable review of the approximately 55 rules that must meet 

RACT, although we disagree with the District's conclusion that all the rules meet RACT. 

We believe that certain individual rules (those in Group 3 of our analysis) do not 

represent current RACT. In separate rulemaking actions, we have disapproved or 

proposed to disapprove those rules in Group 3, in whole or in part. Our Federal 

Register actions and technical support documents associated with those rulemaking 

actions provide specific details supporting our conclusions regarding the RACT 

deficiencies in those rules or associated analyses.

EPA proposes to partially approve and partially disapprove SJVUAPCD‘s RACT SIP

submitted June 18, 2009. Specifically, under CAA section 110(k)(3), we propose to 

approve those elements of the RACT SIP that pertain to the SJV rules identified in 

Groups 1 or 2, which EPA has either fully approved or proposed to fully approve as 

satisfying the RACT requirements of CAA sections 182(b)(2) and (f). Also under CAA 

section 110(k)(3), we propose to disapprove those elements of the RACT SIP that 

pertain to the SJV rules identified in Group 3, which EPA has either disapproved or 

proposed to disapprove in whole or in part, for failure to satisfy RACT, as well as those 

elements of the RACT SIP that pertain to the rules in Group 4, for which EPA has not 

yet made a RACT determination. 

Final disapproval will result in offset and highway sanctions unless EPA approves SIP 

revisions correcting all of the identified RACT deficiencies within 18 months of the 

effective date of the disapproval. See CAA section 179(b) and 40 CFR 52.31. We will 

not finalize this partial disapproval, however, with respect to any rule that we fully 

approve as satisfying RACT before finalizing action on this RACT SIP. EPA is 

committed to working with CARB and the District to resolve these remaining RACT 

deficiencies, and we encourage the State and District to submit SIP revisions correcting 

the identified deficiencies and addressing our additional recommendations as 

expeditiously as practicable. SIP revisions submitted to correct the RACT deficiencies 

we have identified should include, for each rule, supporting analyses adequate to 

demonstrate that rule satisfies current RACT requirements. A revised RACT SIP 

demonstration will not be necessary if each of the individual rule submittals contains the 

necessary supporting analyses.

In addition, CAA section 110(c)(1) provides that EPA must promulgate a Federal 

Implementation Plan (FIP) within two years after finding that a State has failed to make 
-35-

a required submission or disapproving a State implementation plan submission in whole 

or in part, unless EPA approves a SIP revision correcting the deficiencies within that 

two-year period. EPA previously found that the State had failed to submit a plan revision 

for SJV addressing the CAA section 182 RACT requirements for the 1-hour ozone 

standard, starting a FIP clock that expired on January 21, 2011. See 74 FR 3442 

(January 21, 2009). EPA is currently in litigation with environmental groups concerning 

this previous FIP deadline.

ATTACHMENTS -

1. SJVUAPCD 2009 RACT SIP Reasonably Available Control Technology (RACT) 

Demonstration for Ozone State Implementation Plan (SIP) - Adopted – April 16, 2009; 

Submitted – June 18, 2009.

2. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew Steckel) to 

CARB (Kurt Karperos) describing Region IX‘s understanding of what constituted a 

minimally acceptable RACT SIP.

3. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew Steckel) to 

CARB (Kurt Karperos) listing EPA‘s current CTGs, ACTs, and other documents which 

may help to establish RACT.

4. Sample language for Negative Declaration, Letter dated May 25, 2006 from EPA 

Region IX (Andrew Steckel) to CARB (Kurt Karperos).

5. RACT Qs & As – Reasonably Available Control Technology (RACT): Questions and 

Answers, May 18, 2006 Note from William T. Harnett, Director, Air Quality Policy 

Division, to Regional Air Division Directors. 

http://www.epa.gov/ttn/caaa/t1/memoranda/ractqanda.pdf

6. Comment letter dated May 18, 2006 from EPA Region IX (Andrew Steckel) to SJV 

(George Heinen) on the 8-hour Ozone Reasonably Available Control Technology –

State Implementation Plan (RACT SIP) Analysis, draft staff report dated April 18, 2006.

7. Comment letter dated June 29, 2006 from EPA Region IX (Andrew Steckel) to SJV 

(George Heinen) on the 8-hour Ozone Reasonably Available Control Technology –

State Implementation Plan (RACT SIP) Analysis, final draft staff report dated June 15, 

2006.

8. Comment letter dated February 7, 2008 from EPA Region IX (Andrew Steckel) to 

SJV (George Heinen) on the 8-hour Ozone Reasonably Available Control Technology 

– State Implementation Plan (RACT SIP) Analysis, draft staff report dated December 

17, 2007.

9. 8-hour Ozone Reasonably Available Control Technology - State Implementation 

Plan (RACT SIP) Analysis - Additional Analysis Needed, Letter dated May 6, 2008 from 

EPA Region IX (Andrew Steckel) to SJV (George Heinen).
-36-

10. 8-hour Ozone Reasonably Available Control Technology – State Implementation 

Plan (RACT SIP) Analysis, for April 16, 2009 Hearing, Letter dated April 1, 2009 from 

EPA Region IX (Andrew Steckel) to SJV (Errol Villegas).

11. 8-Hour Ozone Reasonably Available Control Technology SIP Analysis, Letter 

dated April 15, 2009 from EarthJustice (Sarah Jackson) to SJV (Errol Villegas).

12. Memorandum from Gerald A. Emison, Director, OAQPS "Issue: What criteria 

should be used to determine economic feasibility for non-CTG VOC sources?", April 

11, 1986.

13. Memorandum from D. Kent Berry, Acting Director, Air Quality Management 

Division, "Cost-Effective Nitrogen Oxides (NOx) [RACT]", March 16, 1994.

14. Email thread dated January 12, 2010 from EPA Region I (Stanley Tong) to Joven 

Nazareno (SJV) on Rule 4652 Coatings and Ink Manufacturing.

15. Email thread dated March 16, 2011 from EPA Region IX (Stanley Tong) to Leland 

Villalvazo (SJV) on 4 SJV sources.

16. Email thread dated August 29, 2011 from SJV (Sandra Lowe-Leseth) to EPA 

Region IX (Stanley Tong) on 4 SJV sources including their permits and authority to 

construct for Belmont Memorial Park.