### 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,

R easonably Available Control Technology (RACT)

Demonstration for Ozone State Implementation Plan (SIP)

Adopted April 16, 2009

Prepared by: Stanley Tong

August 2 9

, 20 11

### - 2

-

RULE IDENTIFICATION

-

Agency: San Joaquin Valley Unified Air Pollution Control District ( SJV U APC D)

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

Previous Submittal: (superseded by the June 18, 2009 submittal)

SJV U APCD Eight

- Hour Ozone Reasonably Avai lable 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 Stat e 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 speci fic 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

stan dard (―NAAQ S‖) for ozone (40 CFR 81.305).

The San Joaquin Valley Air Basin is partially enclose d 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.

### - 3

-

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 an alysis 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 i mplementation 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 cl ass 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 emiss ion limitation based on the maximum degree of pollutant reduction which the reviewing auth ority, on a case

- by

- case basis

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

, determines is achievable for the source or modificati on . 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 amoun t 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 necessari ly 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 implementin g the 8

- hour

standard must assure that RACT is met, either through a certification that previously required RACT controls represent RACT for 8

- hour imp lementation 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 re quirement 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 cont rol 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 F R 71612 at 71654.

### - 4

-

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 rulemak ing 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 info rmation, 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 he lp California and its local air districts with their RACT SIP certifications, o n March
9, 2006, EPA Region IX sent a letter to the California Air Resources Board (CARB) and

local air districts discuss ing EPA Region IX ‘s understanding of what might constitute a minimally acceptable RACT SIP submittal. In that letter we remind ed States that we believed they must consider new information that has become available and certify that

a 1

- hour RACT determination, even where c ontrols were required, still represent an appropriate RACT level of control for the 8

- hour ozone program. The letter offered the following suggest ions to be included in a RACT SIP analysis and indicated that the more rigorous the analysis and aggressive t he requirements, the more likely that EPA

w ould 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 Technique s Guideline s document) and majo r 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 Su ggested Control Measures (SCM) and RACT/Best Available Retrofit Control Technology (BARCT) determinations, regulations adopted in other Districts, and guidance and rules developed by other state s 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 th at the AFM fulfilled RACT in 2003, and include a certification/demonstration that no additional controls have become more reasonably available since then.

### - 5

-

EPA Region IX also provided CARB and the local air districts with a list of current

CTGs and ACTs

, a nd 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 f easible.

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 r equired 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

- SJV U APCD SIP Reasonably Available Control Technology (RACT) Demonstration for Ozone State Implementation Plan (SIP)

, Adopted April 16, 2009.

The District adopted its first R ACT 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" non

attainment for the 8

- hour ozone standard. 2 

### In December 2007 the Dis trict 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 evaluat ion of the District's rules against four new CTGs. The December 2007 version was provided fo r 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 Jo aquin Valley from "serious" to "extreme" non

- attainment for the 8

- hour ozone standard. Th is proposal was finalized on May 5, 2010. 75 FR 24409

.

2 

### See 74 FR 43654 , 43657 (August 27, 2009).

### - 6

-

On J une 18, 200 9

, CARB submitted SJV 's 2009 RACT SIP demonstration which supersedes their January 31, 2007 submittal. It document s the D istrict'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 46 5 3 Adhesives, and Rule 4684 Polyes ter 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 attai nment 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 de termine whether all major sources and sources covered by a CTG category were r egulated 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 : s hipbuilding

a nd p harmaceutical manufacturing

. SJV s ubsequent ly 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 E VALUATION CRITERIA

– EPA evaluated t he 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

N egative declarations where there are no facilities covered by a CTG

o Th ese will be addressed by EPA in a separate rulemaking action

List of the S tate/local regulations that implement RACT

T h e base s for concluding that all referenced regulations fulfill RACT

T he 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).

### - 7

-

Enforceability

- Section 110(a) of the CAA requires enforceable emission limitations and other control measures. Several EPA guidance documents are

used to ev aluate 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 5 5620, 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 S teckel) 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) Anal ysis, 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, fo r 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

C ARB: 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

### - 8

-

San Joaquin action:

SJV ‘s staff report include s 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 a n extreme ozone

non

- attainment area, SJV i s 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 f o r 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, L odi, CA 13 tpy VOC

C

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

D iscussion s with San Joaquin and CARB indicated that permitted emissions at two
of the facilities (Instant Storage and Vanderlans & Sons) were le ss than 10 tpy in

2009 3



### .

T he District also clarified that NDS does not have any VOC sources and will work with CARB to correct the emissions inventory. NDS' V OC 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 em issions 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

### - 9

-

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 aft er searching its emissions inventory

and permits database, conducting an internet search, and consult ing 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 Pla stic 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 s tationary 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

T ire CTG and CARB submitted it to EPA on June 20, 2011

. EP A‘s review of

CARB‘s 200 8 emissions inventory database did not identify any other stationary

sources gr eater 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 S tate/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 id entif ies negative declaration s for those CTGs which have no corresponding facility in the District

.

Chapter 3 list s all sources that have the potential to emit at least 10 tpy of NOx or VOC along with the specific District rules th ose 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

### - 10

-

EPA evaluation:

EPA reviewed Chapters 2 and 3 and has no comments.

4. The bas e s 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 SIP

approved, it was understood that the rule had been evaluated by the EPA and found to fulfill RACT, and no detailed analysis was conducted." 5



### EP A evaluation: Chapter 4 co ntains the bulk o f SJV's RACT analysis and is extensive

. T he District's

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

but m ay 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 p ublic commenters to include enough specific information on th e 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

.

W e 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 Pha se 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.

### - 11

-

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 m aking its certification, which will then be reviewed by the EPA as part of the SIP submission process‘‖) ; s ee 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 CT G, 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 documen ts 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 RA CT "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 th e 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 Di rectors, 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 so urce 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 2 8, 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

### - 12

-

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 R ACT 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 partic ular 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 ―...wheth er 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 cost

effectiveness, 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‖).

W e separated SJV's rules into the following categories and evaluated the rules in each group.

Group 1: R ules that EPA recently approved or proposed to approve as implementing RACT

.

Group 2: Rules for which we are not aware of more stringent controls tha t are reasonably available

.

Group 3: R ules 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 (TSD s ) 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 fo r several years.

Group 4 : Rules EPA is currently evaluating for RACT.

SJV's Table 4

- 1 lists 5 5 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 :

### - 13

-

Rule 4106 Prescribed Burning and Hazard Reduction Burning

– not a CTG category

and does not regulate major source s Rule 4601 Architectural C oatings

– not a CTG category and does not regulate major

source s 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 H eaters

– not a CTG category and does not regulate major sources

Rule 4905 Residential C entral F urnaces

– 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 Advan ced Emission Reduction Options f or Boilers, Steam Generators,

a nd Process Heaters Greater Than 5.0 M M B tu/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 a nd Wine Aging Operations

– regulates major source s , rule adopted 5 months after RACT SIP demonstration ( Rule 4695 adopted 9/17/2009)

Rule 4352 Solid Fuel F ired Boilers, Steam Generators a nd 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) f rom the 55 total rules SJV analyzed for RACT and adding 3 additional rules ( 4566, 4695, 4352) gives 5 2

rules total need ed to meet RACT.

Group 1

Rules that EPA recently approved or proposed for approval into the SIP as implementing RACT. This group accounts for 2 6 of the 5 2 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

4 103 Open Burning

Amended 5/17/2007 Approved 74 FR 57907

- 11/10/2009

### - 14

-

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 4 103 as consistent with applicable CAA requirements

and guidance regarding enforc eability, 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 NO x and Carbon Monoxide (CO) emissions from boilers, steam

g enerators and process heaters fired on gaseous or li quid 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 Great er 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 limit s NOx, CO, SO 2 , and PM10 from boilers, steam g enerators, and process heaters with a total rated heat input greater than 5

MMBtu/hr

.

EPA approved Rule 4320 only as SIP

- strengthening (not as mee ting RAC T) but determined

that the source category covered by this rule is subject to RACT requirements under SIP

approved Rule 4306

. Our technical support document for approving Rule 4320 indicated

that i f, in the future, the District intends to rely on Rule 432 0 to implement RACT, R ule 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

- 0 1/13/2010

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

Rule 4307 limits NO x , SO 2 , PM10 and CO emissions from boilers, steam generators and

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

5 MMBtu/hr. The 2008 amend ments include d requirements to regulate SO 2 and PM10

emissions as well as to strengthen the emission limits for NO x

.

In approving Rul e 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 li kely 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

– 0 5 / 30 /20 07 ; (subject of RACT SIP) Amended 12/17/2009 Approved 76 FR 527 6

– 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 o ther large California nonattain ment 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

A dopted 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

NO x (for gas

- fired milk, cheese, an d dai ry 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 t he emission limits are the most stringent limits that have been imposed for this source category . This rule

reduces e missions 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 recomme nded 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 20 09 to add requirements for a flare minimization plan and monitoring and recordkeeping fo r flaring activity and emissions

.

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

states w e 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 Ru le 4311 is generally as stringent as other recently

- adopt ed 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.

### - 16

-

Rule

Number Review

SIP approved 8/17/2006 amendments on 72 FR 4189 4 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 RA CT SIP states that recent amendments to Rule 4354's NOx limits make s 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 gl ass or fiberglass. SJV also compares its rule against Bay Area Regulation 9 Rule 12 and indicate s 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 B ay A rea

.

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 state d 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.

4 5 65 Biosolids, Animal Manure, and Poultry Litter Operations

Adopted 3/25/2007 Prop o sed 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 R ule 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 ),

A mend ed on 10/ 21 /20 10 (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 demo nstrate 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 additiona l 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 limit s VOC emissions from the surface coating of metal parts or products, large appliances parts or products, metal furniture, and from organic solven t cleaning

, storage and disposal associated with these coating operations.

EPA's approval of the 10/16/2008 amendments indicated Rule 4603 had e quivalent or more stringent requirements than the 2008 CTG for Miscellaneous Metal and Plastic Parts except
fo r 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 othe r 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 t he 2008 CTG limits for surface coating of plast ic products and pleasure crafts. The am endments 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 limit s 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 effici ency

.

In approving Rule 4604 EPA determined the rule is equivalent to, or more stringent than requirements in o ther large California nonattainment areas.

4606 Wood Products Coating Operations

Amended 10/16/2008 Approved 74 FR 52894

– 10/15/2009

Rule 4606 limit s 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 gram s of VOC/liter of coating or 350 grams of VOC/gram of solids. SJV Rule 4606 incorporates the VOC limits and work practices from th e 2006 CTG.

In approving Rule 4606 EPA determined that m ost 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

### - 18

-

Rule

Number Review

variations are not significant and are generally offset by other more stringen t requirements

in Rule 4606.

W e are not aware of other reasonably available technological or operational controls likely to significantly reduce emission s from this rule

.

4607 Graphic Arts

Amended 12/18/2008 Approved 74 FR 52894

– 10/15/2009

Rule 4607 limit s VOC emissions from graphic arts printing including digital printing, paper, film, foi l or fabric coating and from solvent cleaning materials and processes associated

with these operations.

EPA‘s CTG s on Offset Lithographic Printing and Letterpress Printing ; Flexible Package Printing ; and P aper, Film, and Foil Coatings generally define presumptive RACT for th ese activit ies 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 emission s 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 limit s 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 resem bles C ARB ‘s Suggest ed Control Measure (SCM) for Automotive Coatings. W e 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 like ly to significantly

reduce emission s 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 curre ntly 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 limit s 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 o ther 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

### - 19

-

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 limit s VOC emissions of gasoline vapors from the transfer of gasoline into motor vehicle fuel tanks and applies to gasoline storage and dispensing operation s or mobile

re fuel ing operations where g asoline 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

Amende d 12/20/2007 Approved 74 FR 52694

– 10/15/2009

Rule 4624 limit s 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 eith er 0.05 lb VOC per 1,000 gallons o r re duc ing 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 emission s from thi s activity.

4651 VOC Emissions from Decontamination of Soil

Amended 9/20/2007 Approved 74 FR 56120

– 10/30/2009

Rule 4651 limit s VOC emissions from soil contaminate d 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). W e believe the 95% or greater control efficiency level using selected reasonably available control technology fulfills the require ments 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

### - 20

-

Rule

Number Review

Rule 4661 limit s VOC emissions fr om the use of organic solvents

.

Rule 4661 is more stringent than the 2006 CTG in that it limits organic solvent s 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 al ternative 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 limit s 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 a n updated solvent

limit of 25 g/l. The rule is as stringent a s the National Emission Standards for Halogenated Solvent Cleaning and the 25 g/l limit is equivalent to similar SCAQMD, SMAQMD, and

VCAPCD rules.

W e 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.

4 695 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 a pproved 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

### - 21

-

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 de

rated engines. SJV estimate d the amended rule reduce s NOx emissions by 21 tons per day compared to the previous SIP

- approved version.

In approving Rule 4702 EPA concluded that t he inclusion of agricultural, transportable, and compressio n

- ignited engines in Rule 4702 strengthens the rule. The amendments allow the use of portable NOx analyzers to check compliance before the required performa nce of

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

B ACM/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 fr om 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 availabl e 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

info rmation that undermines SJV's RACT analysis.

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

account for 1 7 of the 5 2 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

– O lder SIP rules for which we are not aware of mor e stringent control s 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

TP D

NOx 2008

TP D

VOC

4104 Reduction of Animal Matter

Rule 4104 limits the air contaminants from operations

used for the reduction of animal matter.
S I P 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

1 200F for 0.3 seconds

. This requirement is similar to requirements in other air districts.

EPA's TSD supporting our approval of R ule 4104 states

that t here are only 2 per mitted sources in S JV and VOC

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

demonstration

. San Joaquin's RACT SIP also indicates

th at permitted sources ' incineration equipment such as

thermal oxidizer s 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 limit s particulate, NOx and SO 2 emissions from fuel burning equipment. SIP approved 64 FR 26876 5/18/1999

SJ V '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 N Ox requirements of this rule."

4306

- Boilers

, Steam Generators and Process Heaters

4307

- Boilers

, 2.0 MMB tu / hr to 5.0 MMBtu/hr

4308

– Boilers

, 0.075 MMB tu/hr to 2.0 MM Btu/hr

4309

– Dryers, Dehydrators, and Ovens

4352

– Solid Fuel Fired Boilers

EPA's review of AP42 Chapter 9.2.3 indicates that

o rchard heaters , which m ight fall under Rule 4301

, are expected to have negligible NOx emissions due to their relatively low combustion tem peratures

. We are not aware of any other sources that might fall under Rule

4301.

According to the 2009 RACT SIP, t he 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 /199 2 79.3 n/a

4313 Lime Kilns

Rule 4313 limit s NOx emissions from lime kilns, and was 3/27/2003 0 0

### - 23

-

Rule

Number Rule Title Date Last

Amended 2008

TP D

NOx 2008

TP D

VOC

newly adopted in 2003. SIP approved 68 FR 52510 9/4/2003

Rule 4313 limits NOx emissions to 0.10 pounds expressed as NO 2 per million Btu for gaseous fuel. EPA's

TSD states that t he rule is similar to a Wisconsin rule and

fulfill s RACT. Our TSD stated t hat we are not aware of

an other state or District regulating lime kiln emissions.

4404 Heav y Oil Test Station

– Kern County

Rule 4404 limit s VOC emissions from heavy oil test

s tations. 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 a lthough the rule requires at least 99% VOC reduction on atmospheric tanks, there are currently no o perating 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. T here 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 l imit VOC emissions from glycol dehydration systems

. SIP approved 68 FR 51187 8/26/2003

SJV's Rule 4408 staff report states glycol dehydration
system s remove water vapor from natural gas stream s to prevent corrosion and hydrate formation in pipelines. The

a bsorbed 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 em issions by requiring the us e 12/19/2002

--- 0.13

### - 24

-

Rule

Number Rule Title Date Last

Amended 2008

TP D

NOx 2008

TP D

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 estimate s 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 state s 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 limit s 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 t o 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 So uth Coast, Bay Area and Ventura air districts.

In approving Rule 4453 EPA determined that this rule wa s consistent with relevant policy and guidance regarding enforceability, RACT, and SIP relaxations

. 12/17/1992

-- - ---

4454 Refinery Process Unit Turnaround

Rule 4454 limit s 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 t hat Rule 4454 in combination with Rule 4623 satisfy RACT.

In approving Rule 4454 EPA concluded this rule wa s consistent with relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. 12/17/1992

--- ---

### - 25

-

Rule

Number Rule Title Date Last

Amended 2008

TP D

NOx 2008

TP D

VOC

4455 Components at Petroleum Refineries, Gas Liquids

Processing Facilities, And Chemical Plants

SIP

- approved ( 71 FR 14652 March 23, 2006 )

Rule 4455 limit s VOC emissions from leaking
components at petroleum refineries, gas liquids processing facilities, and chemical plants.

Rule 4455 was newly adopted in 2005 and su persedes

Rule s 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 categorie s including refineries, synthetic organic chemical manufacturing, and natural gas/gasoline processes

. These CTGs contain leak limits of 10,000 ppm

. L eak

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

. SJ V '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 h a s 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 50 0 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 t he District r eview Bay Area 8

- 18 limits for potential future improvements to Rule 4455 and submit

th os e amendments to EPA

. 4/20/2005

--- 0.03

4610 Glass Coating Operations

Rule 4610 limit s VOC emissions from the coating of glass products and applies to major source s

. 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 h ave 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

TP D

NOx 2008

TP D

VOC

amended its rule in 2004 and in 2009. South Coa st'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 a pproved 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 g uidance regarding enforceability, R ACT, 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 Rul e 4641 EPA determined that it implements RACT. W e 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 ha ve 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

TP D

NOx 2008

TP D

VOC

The rule exempts facilities that are subject to 40 CFR 60 Subpart WWW Municipal Solid Waste Landfills, or Subpart C c 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 t he rule could als o be strengthened by limiting surface emissions to 500 ppmv rather than 1,000 ppmv, and requiring quarterl y landfill surface monitoring. We believe the rule continues, however, to implement RACT. W e n ote 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

S JV ‘s RACT SIP determined that e missions from this category are very small and Rule 4672 i s at least as stringent as the CTG

, 40 CFR 60 subpart JJJ and s imilar requirements in other large California nonattainment

area s

.

In approving Rule 4672 EPA concluded that it is

consistent with the relevant policy and guidance regarding enforceability, RACT and SIP relaxations and that w e

wer e 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 limit s VOC emissions from vegetable oil processing operations. 12/17/1992

--- 0.37

### - 28

-

Rule

Number Rule Title Date Last

Amended 2008

TP D

NOx 2008

TP D

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 4 691 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

S JV 's RACT analysis indicates there is only one major source vegetable oil processing operation within the

Distric t. San Joaquin also informed EP A 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 non

CTG category of vegetable oil process ing 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

TP D

NOx 2008

TP D

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 district s' 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 a mended, 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, th e lowering of the major source

threshold results in the smaller bakery sources now being

covered under Rule 4693

. W e 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 5 2 rules analyzed by SJV's RACT SIP demonstration. Table 3 below summarizes our analysis. T he f ederal r e g ister rulemaking notices and associated technical support documents pro vide 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 remai ning 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

indicatin g that these lower emission levels are not reasonably achievable in the SJV area, our rulemaking conclude d that the District ha d not adequately

demonstrated that the NOx limit in Rule 4352 (115 ppm at 3% O2)
represent ed 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 Enh anced Crude Oil Production Well s

Rule 4401 limits emissions from steam

- enh anced crude oil production well s. 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

ap proval/disapproval on Rule 4401 because the rule inappropriately allows

the Di strict 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 limit s VOC emissions f rom 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

c ould be strengthened to he lp 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 equ ipped with a control device with a minimum control efficiency, implementing periodic leak inspection s of tank covers

, reviewing whether current exemptions (including

those for 2 nd and 3 rd 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 applic ability 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,

o rganic 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 4 605 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 curre nt 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 4 625

.

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/2 01 1/August/CAC%20Rule%20Summary_Aug%2011.pdf 12/17/1992

4 682 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 polypropyle ne 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

m eet s 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 support ing 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 ap plication 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 source s 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 action s after CARB submits

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

Ca lifornia 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 th e 52 rules analyzed by SJV' s RACT SIP demonstration. Rule 4566 for compost ing operations is a new recently adopted rule

### - 33

-

and w as 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

4 566 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

4 694 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 th at are allowed during May

- October each year.

EPA is currently reviewing the submittals

. 5/2011



### 5 . Recommendation s

5.1 EPA recommends Rule 44 5 5 be reviewed and updated as appropriate to consider whether more stringent leak limits are appropriate.

R ule 4455

– Components a t 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 review ing and updat ing 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

culminate d 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.

W e believe that certain individual rules (those in Group 3 of our analysis) do not represent current RACT. In separate rulemaking actions, w e have disapproved or proposed to disapprove those rules in Group 3, in whole or in part

. Our Federal Register actions and technical suppo rt 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 satisfy ing 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 dis approve 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.

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

revision s 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 the se re maining RACT

def iciencies, and w e 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 ha ve 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 pla n 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)

D emonstration 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 Steck el ) 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 date d May 25, 2006 from EPA Region IX (Andrew Steckel) to CARB (Kurt Kar peros).

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 Impl ementation 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 Implementat ion 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 Implementa tion 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

-

1 0 . 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 Steck el) to SJV (Errol Villegas).

1 1

. 8

- Hour Ozone Reasonably Available Control Technology SIP Analysis , Letter dated April 15, 2009 from EarthJustice (Sarah Jackson) to SJV ( Errol Villegas ).

1 2 . Memorandum from Gerald A. Emison, Director, OAQPS "Issue: Wha t criteria should be used to determine economic feasibility for non

- CTG VOC sources?", April
11, 1986.

1 3 . 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.

1 5

. 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.