### United States Environmental Protection Agency

Air Division

Technical Support

For The

Imperial County Air Pollution Control District

Rule 116, Emissions Statement and Certification

Prepared by: Cynthia Allen

Reviewed by: Andrew Steckel

January 2012

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AGENCY : Imperial County Ai r Pollution Control District (I CAPCD)

SIP Approved Rule: Not Applicable

Superseded Submittals: None

Subject of this TSD: Rule 116, Emission s Statement and Certification

Submitted

– Ju ly 2 0, 2010 Adopted

– February 23, 2010

BACKGROUND Federal Clean Air Act (CAA) Section 182 (a)(3)(B) (i) requires ozone non attainment areas (regardless of classification) to require certified e mission s tatement data from sources of volatile organic compounds (VOC) and oxides of nitrogen (NOx)

. Emission statements should be submitted by November 15, 1993 and annually thereafter. CAA Section 182(a)(3)(B)(ii) allows s tate s to waive the requirement for emission statements for classes or categories of sources with less than 25 tons per year (tp y ) of actual plant

wide NOx or VOC emissions if the State provides an inventory of emissions from the class or category based on the use of emission factors established by EPA or other methods acceptable to EPA. Emission Sta tements are inte nded to help the state report and analyze ambient air emissions

. The CAA also requires state s to periodically compile and report a comprehensive, accurate and current inventory of all ai r contaminant

sources

.

R ULE SUMMARY Rule 116 require s owners and operators of stationary source s emitting VOC or NOx to provide ICAPCD with an annual statement of actu al emissions

. The emission statement

must contain the information described in the California Air Resources Board (CARB) Emission Inventory Gu ideline s . The statement must also contain a certification by a responsible official of the company that information contained in the statement is

accurate. ICAPCD is require s sources to submit this information annually

. An

emissions statement is require d for all sources within the jurisdictional area of the

IC APCD which emit 25 tpy of either VOC or NOx. The APCO may waive the emission statement requirement for sources which emit less than 25 tpy if ICAPCD provides

CARB with an emission inventory of sourc es emitting greater than 10 tpy of VOC or NOx using emission factors acceptable to C ARB.

EPA EVALUATION The following criteria were used to evaluate the submitted rule:

1. CAA Requirements: Section 182 (a)(3)(B) and EPA’s draft “Guidance on the Impleme ntation of an Emission Statement Program,” July 1992.

2. Enforceability: The Bluebook ( Issues Relating to VOC Regulation Cutpoints,
Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance

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Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA Section 110(a)(2)(A) requirement for enforceability.

The sub mitted rule complies with CAA Section 182(a)(3)(B). The rule will have n o direct effect on air pollution emissions although it may help improve compliance and enforceability of emission control requirements in other ICAPCD rules.

The rule requires that the emission statements contain all of the information found in the

the CA RB Emission Inventory Guidelines, which are currently updated annually to meet State and Federal reporting requirements . The CAA does not provide formatting requirements or specify timing beyond that reports must be submitted annually , and deference is gi ven to the State to assure that all information needed to meet Federal reporting requirements is requested

. To ensure consistency and accuracy of reporting,
however, we recommend further details be included within the rule as described in

“Additional Recom mendations for the Next Rule Revision” below

. The rule allows the APCO to waive the emission statement requirement for sources which emit less than 25 tpy

, contingent upon the District providing CARB with an emission inventory of sources emitting greater t han 10 tpy of VOC or NOx using

emission factors acceptable to C ARB. CAA Section 182(a)(3)(B)(ii) requires the use of emission factors established by EPA or other methods acceptable to EPA. While this requirement is followed in practice through CARB reporti ng requirements , future

revisions of the rule should be modified to reflect this requirement as described in

“Additional Recommendations for the Next Rule Revision ” below.

The rule requirements are clear and enforceable consistent with CAA Section 110(a)( 2)(A).

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

The following revisions are not currently the basis for rule disapproval, but are recommended as improvements the next time the rule is revised.

 Consistent with CAA Section 182(a)(3)(B)(ii), Ru le 116, Section (B) should be modified upon next revision to read "... based on emission factors acceptable to

the California Air Resources Board and EPA ."

 To ensure clarity and consistency in how emission estimates are generated, we

recommend that future revisions to the rule include a list of minimum data elements required in emission statements as described in section 2.2.6, 2.27, and 2.28 of the guidance document “Guidance on the Implementation of an Emission Statement Program,” July 1992 or other detai ls as required by federal reporting requirements.

EPA ACTION

EPA staff recommends approval of ICAPCD Rule 116 under section 110(k) as meeting the requirements of section 110(a) and Part D of the Clean Air Act, as amended in 1990.

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REFERENCES

1. Issue s Relating to VOC Regulation, Cutpoints, Deficiencies, and Deviations (the
“Blue Book”) , U.S. EPA, OAQPS, May 25, 1988.

2. Requirements for Preparation, Adoption, and Submittal of Implementation Plans

, U.S. EPA, 40 CFR Part 51.

3. State Implementation Plans for National Primary and Secondary Ambient Air
Quality Standards , Section 110 of the Clean Air Act, and Plan Requirements for

Nonattainment Areas , Title I, Part D of the Clean Air Act.

4. EPA’s draft “Guidance on the Implementation of an Emission Statement

Prog ram,” Dated July 1992.