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
- 2 -

AGENCY: Imperial County Air Pollution Control District (ICAPCD)

SIP Approved Rule: Not Applicable

Superseded Submittals: None

Subject of this TSD: Rule 116, Emissions Statement and Certification

Submitted – July 20, 2010

Adopted – February 23, 2010

BACKGROUND

Federal Clean Air Act (CAA) Section 182(a)(3)(B)(i) requires ozone nonattainment areas 

(regardless of classification) to require certified emission statement 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 states to waive the requirement for emission statements for 

classes or categories of sources with less than 25 tons per year (tpy) of actual plantwide 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 Statements are intended to help the state report 

and analyze ambient air emissions. The CAA also requires states to periodically compile 

and report a comprehensive, accurate and current inventory of all air contaminant 

sources.

RULE SUMMARY

Rule 116 requires owners and operators of stationary sources emitting VOC or NOx to 

provide ICAPCD with an annual statement of actual emissions. The emission statement 

must contain the information described in the California Air Resources Board (CARB) 

Emission Inventory Guidelines. The statement must also contain a certification by a 

responsible official of the company that information contained in the statement is 

accurate. ICAPCD is requires sources to submit this information annually . An 

emissions statement is required for all sources within the jurisdictional area of the 

ICAPCD 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 sources emitting greater than 10 tpy of VOC or NOx 

using emission factors acceptable to CARB.

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 

Implementation 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 
- 3 -

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 submitted rule complies with CAA Section 182(a)(3)(B). The rule will have no 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 CARB 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 given 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 Recommendations 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 than 10 tpy of VOC or NOx using 

emission factors acceptable to CARB. 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 reporting 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), Rule 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 details 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. 
- 4 -

REFERENCES

1. Issues 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 

Program,” Dated July 1992.