# Antelope Valley Air Quality Management District

Final 

# Staff Report

Adoption Of The 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis)

Adopted on September 19, 2006

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FAX (661) 723-3450This page intentionally left blank.AVAQMD RACT SIP Analysis TC- 1 Final Staff Report, 10/18/2006 

### STAFF REPORT TABLE OF CONTENTS 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis)

I. PURPOSE OF STAFF REPORT ...........................................................................................1

II. EXECUTIVE SUMMARY....................................................................................................1

III. STAFF RECOMMENDATION............................................................................................1

IV. LEGAL REQUI REMENTS CHECKLIST ..........................................................................2

V. DISCUSSION OF LEGAL REQUIREMENTS...................................................................3

A. REQUIRED ELEMENTS/FINDINGS ..........................................................................3 1. State Findings Required for Adoption of Rules & Regulations ......................3 a. Necessity..............................................................................................3 b. Authority..............................................................................................3 c. Clarity ..................................................................................................3 d. Consistency..........................................................................................3 e. Non-duplication ..................................................................................4 f. Reference..............................................................................................4 g. Public Notice & Comment, Public Hearing ........................................4 2. Federal Elements (SIP Submittals, Other Federal Submittals)........................4 a. Satisfaction of Underlying Federal Requirements...............................4 b. Public Notice and Comment................................................................4 c. Availability of Document ....................................................................5 d. Notice to Specified Entities .................................................................5 e. Public Hearing ......................................................................................5 f. Legal Authority to Adopt and Implement ............................................5 g. Applicable State Laws and Regulations Were Followed ....................5

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ........................................5

C. ECONOMIC ANALYSIS ..............................................................................................6 1. General.............................................................................................................6 2. Incremental Cost Effectiveness ......................................................................6

D. ENVIRONMENTAL ANALYSIS (CEQA) ..................................................................6

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS .................................................6 1. Potential Envi ronmental Impacts.....................................................................6 2. Mitigation of Impacts ......................................................................................7 3. Alternative Methods of Compliance................................................................7TC- 2 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 F. PUBLIC REVIEW..........................................................................................................7

VI. TECHNICAL DISCUSSION...............................................................................................7

A. SIP HISTORY............................................................................................................. ...7 1. SIP History.......................................................................................................7 2. SIP Analysis.....................................................................................................8

Apendix A – 8-Hour Reasonably Available Control Tec hnology – State Implementation Plan Analysis (RACT SIP Analysis) Draft Version .................................................................... A-1

Appendix B - Public Notice Documents .....................................................................................B-1

Appendix C - Public Comments and Responses .........................................................................C-1

Appendix D - California Environmental Quality Act Documentation....................................... D-1

Appendix E - Bibliography...................................................................................................... ....E-1AVAQMD RACT SIP Analysis 1 Final Staff Report, 10/18/2006 

### STAFF REPORT 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis)

I. PURPOSE OF STAFF REPORT

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and background material to the members of the Governing Board. This allows the members of the Governing Board to be fully informed before ma king any required decision. It also provides the documentation necessary for the Governing Board to make any findings, which are required by law to be made prior to the approval or adoption of a document. In addition, a staff report ensures that the correct procedures and proper documentation for approval or adoption of a document have been performed. Finally, the staff report provides eviden ce for defense against legal challenges regarding the propriety of the approval or adoption of the document.

II. EXECUTIVE SUMMARY

The Antelope Valley Air Quality Management Di strict (AVAQMD) Governing Board was requested to conduct a public hearing, make findings, and then adopt the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis), and direct staff actions.

The Federal Clean Air Act (FCAA) requires areas de signated non-attainment and classified moderate and above to implement Reasonably Available Control Technology (RACT) for sources subject to Control Technique Guidelines (CTG) documents issued by the United States Environmental Protection Agency (USEPA) for “major sources” of volatile organic compounds (VOCs) and oxides of nitrogen (NOx) which are ozone precursors. On March 9, 2006, USEPA shifted its ozone standard from measurement on a one-hour basis to an eight-hour basi s (8-hour ozone standard). For purposes of the FCAA, portions of the District have been designa ted non-attainment for ozone and classified as moderate for the 8-hour standard. As a result of the shift to the 8-hour standard, USEPA is requiring that all non-attainment areas submit an updated RACT SIP Analysis. The purpose of the RACT SIP Analysis is to ensure that District Rules adequately address current RACT requirements.

III. STAFF RECOMMENDATION

Staff recommended that the Governing Board of the AVAQMD, after conducting a public hearing, adopt the 8-Hour Reasonably Available Control Technol ogy – State Implementation Plan Analysis (RACT SIP Analysis). Such action was necessary because the AVAQMD has been designated ozone non-attainment and classified moderate for the 8-hour ozone standard, therefore the AVAQMD must submit a RACT SIP Analysis to the EPA pursuant to the FCAA.

The Governing Board of the AVAQMD adopted the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) on September 19, 20062 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 IV. LEGAL REQUIREMENTS CHECKLIST

The findings and analysis as indicated below was re quired for the procedurally correct adoption of the 8-Hour Reasonably Available Control Technol ogy – State Implementation Plan Analysis (RACT SIP Analysis) . Each item is discussed, if applicable, in Section V below. Copies of documents are included in the appropriate Appendix.

FINDINGS REQUIRED FOR RULES & REGULATIONS

X Necessity

X Authority

X Clarity

X Consistency

X Non-duplication

X Reference

X Public Notice & Comment

X Public Hearing

REQUIREMENTS FOR STATE IMPLEMENTATION PLAN SUBMISSION (SIP):

X Public Notice & Comment

X Availability of Document

X Notice to Specified Entities (State, Air Districts, USEP A, Other States)

X Public Hearing

X Legal Authority to adopt and implement the document.

X Applicable State laws and regulations were followed. ELEMENTS OF A FEDERAL SUBMISSION

X Elements as set forth in applicable Federal law or regulations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CEQA):

N/A Ministerial Action

X Exemption

N/A Negative Declaration

N/A Environmental Impact Report

N/A Appropriate findings, if necessary.

X Public Notice & Comment

SUPPLEMENTAL ENVIRONMENTAL ANALYSIS (RULES & REGULATIONS ONLY):

X Environmental impacts of compliance.

N/A Mitigation of impacts.

N/A Alternative methods of compliance.

OTHER:

X Written analysis of existing air pollution control requirements

X Economic Analysis

X Public ReviewAVAQMD RACT SIP Analysis 3 Final Staff Report, 10/18/2006 V. DISCUSSION OF LEGAL REQUIREMENTS

A. REQUIRED ELEMENTS/FINDINGS

This section discusses the State of California st atutory requirements that apply to the adoption of the 8-Hour Reasonably Available Control Technol ogy – State Implementation Plan Analysis (RACT SIP Analysis). Since this document is required to be adopted pursuant to public notice and other requirements under 42 USC 7410(a)(2), the district considers the rule adoption process pursuant to H & S Code §40702 to be a proper way to meet these requirements. Therefore, these are actions, that needed to be performed, and/or information, that needed to be provided in order to adopt this document in a procedurally correct manner.

1. State Findings Required for Adoption of Rules & Regulations:

Before adopting, amending, or repealing a rule or regulation, the AVAQMD GoverningBoard is required to make findings of necessity, authority, clarity, consistency, nonduplication, and reference based upon relevant information presented at the hearing. The information below was provided to assist the Board in making these findings.

a. Necessity:

The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) is necessary because the AVAQMD has been designated as an ozone non-attainment area and classified moderate for the 8-hour ozone standard. Therefore, the AVAQMD must submit a RACT SIP Analysis to the EPA pursuant to the FCAA.

b. Authority:

AVAQMD has the authority pursuant to California Health and Safety Code (H & S Code) §40702, 40725-40728 to adopt, amend or repeal rules and regulations that are necessary or proper to execute the powers and duties granted to and imposed upon AVAQMD.

c. Clarity:

The proposed RACT SIP Analysis is clear in that it is written so that people subject to the Analysis can easily understand it.

d. Consistency:

The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) is in harmony with, and not in conflict with or contradictory to any State law or regulation, Federal law or regulation, or court decisions.4 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 e. Non-duplication:

The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) does not impose the same requirements as an existing State or Federal law or regulation because Federal law requires the adoption of the RACT SIP Analysis.

f. Reference:

AVAQMD has the authority pursuant to H & S Code §40702 to adopt, amend or repeal rules and regulations.

g. Public Notice & Comment, Public Hearing:

Notice for the public hearing for the proposed a doption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) was published August 19, 2006. See Appendix “B” for a copy of the public notice. See Appendix C for copies of comments, if any, and AVAQMD
responses.
2. Federal Elements (SIP Submittals, Other Federal Submittals).

Submittals to USEPA are required to include various elements depending upon the type of document submitted and the underlying Federal law which requires the submittal. The information below indicates which elements were required for the adoption of the 8-Hour Reasonably Available Control T echnology – State Implementation Plan Analysis (RACT SIP Analysis) and how they were satisfied.

a. Satisfaction of Underlying Federal Requirements:

The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) is subject to all the requirements for a SIP submittal because the RACT SIP Analysis is to be included in the AVAQMD SIP. The criteria for determining completeness of SIP submissions are set forth in 40 CFR Part 51, Appendix V, 2.0.

b. Public Notice and Comment:

Notice for the public hearing for the proposed a doption of the 8-Hour Reasonably Available Control Technology – State Im plementation Plan Analysis (RACT SIP Analysis) was published August 19, 2006. See Appendix “B” for a copy of the public notice.AVAQMD RACT SIP Analysis 5 Final Staff Report, 10/18/2006 c. Availability of Document:

Copies of the proposed a doption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) and the accompanying draft staff report were made available to the public on August 19, 2006.

d. Notice to Specified Entities

Copies of the proposed adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) and the accompanying draft staff report were mailed to all affected agencies, including but not limited to CARB and USEPA. The proposed RACT SIP Analysis was sent to CARB and USEPA on August 15, 2006.

e. Public Hearing:

A public hearing to consider the proposed adoption of the 8-Hour Reasonably Available Control Technology – State Im plementation Plan Analysis (RACT SIP Analysis) was conducted on September 19, 2006.

f. Legal Authority to Adopt and Implement:

The AVAQMD has the authority pursuant to H&S Code §40702 to adopt, amend, or repeal rules and regulations and to do such acts as may be necessary or proper to execute the duties imposed upon the AVAQMD.

g. Applicable State Laws and Regulations Were Followed:

Public notice and hearing procedures pursuant to H&S Code §§40725-40728 have been followed. See Section (V)(A)(1) above for compliance with state findings required pursuant to H&S Code §40727. See Section (V)(B) below for compliance with the required analysis of existing requirements pursuant to H&S Code §40727.2. See Section (V)(C) for compliance with economic analysis requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for compliance with provisions of the California Environmental Quality Act (CEQA).

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS

H & S Code §40727.2 requires air districts to prepare a written analysis of all existing federal air pollution control requirements that apply to the same equipment or source type as the rule proposed for modification by the district. The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) is to ensure that District Rules adequately address current RACT requirements. Therefore the preparation6 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 of a written analysis of existing pollution control requirements that apply to the same equipment or source type is not required.

C. ECONOMIC ANALYSIS

1. General

Adoption of the RACT SIP Analysis will affect those facilities subject to rules requiring amendment to meet RACT requirements. The RACT SIP Analysis identifies necessary rule actions. Cost analysis will be addressed on a rule specific basis for those actions identified in the RACT SIP Analysis through the rule amendment process.

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are required for rules and regulations which are adopted or amended to meet the California Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) or “all feasible measures” to control volatile compounds, oxides of nitrogen or oxides of sulfur.

The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) is not subject to incremental cost effectiveness calculations because this document does not impose BARCT or “all feasible measures”.

D. ENVIRONMENTAL ANALYSIS (CEQA)

Through the process described below, it was determined that a Notice of Exemption would be the appropriate CEQA process for the adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis)

. 1. The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) meets the CEQA definition of "project." It is not a "ministerial" action.

2. The adoption of the 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) is exempt from CEQA review because it will not create any adverse impacts on the environment. Because there is no potential that the adoption might cause the release of additional air contaminants or create any adverse environmental impacts, a Class 8 categorical exemption (14 Cal. Code Reg. §15308) applies.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

There are no potential negative environmental impacts of compliance with the proposed adoption of the RACT SIP Analysis.AVAQMD RACT SIP Analysis 7 Final Staff Report, 10/18/2006 2. Mitigation of Impacts

N/A

3. Alternative Methods of Compliance

N/A

F. PUBLIC REVIEW

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix B.

VI. TECHNICAL DISCUSSION

The FCAA requires that ozone non-attainment areas implement RACT for sources that are subject to Control Techniques Guidelines (CTGs) and for major sources of ozone precursors. This document: (1) reviews all available instances of RACT for applicability to the AVAQMD; (2) reviews all AVAQMD major sources for RACT applicability; and (3) identifies any actions the AVAQMD must take to address applicable RACT requirements. This document satisfies 42 U.S.C. §§7511a (FCAA §182) regarding RACT requirements for the eight-hour ozone National Ambient Air Quality Standard (NAAQS).

The AVAQMD has evaluated its adopted rules and all of its major sources of ozone precursors to ensure that current rules meet the definition of RACT.

This section gives a brief overview of the proposed adoption of the 8-Hour Reasonably Available Control Technology – State Implemen tation Plan Analysis (RACT SIP Analysis).

A. SIP HISTORY

1. SIP History.

The AVAPCD came into existence pursuant to statute on July 1, 1997 Health & Safety Code 40106, A.B. 266-Knight Ch. 542, statutes of 1996). The rules and regulations of the SCAQMD remain in effect within the AVAPCD until the AVAPCD Governing Board adopts, amends or rescinds new ones Health & Safety Code 40106(e)). Since the SIP applies to the territory for which it was approved at the time it was approved, the AVAPCD also inherited the SCAQMD SIP applicable to the Los Angeles County portion of the South East Air Basin (now calle d the Mojave Desert Air Basin) prior to July 1, 1997. On January 1, 2002 the AVAQMD was created pursuant to statute H&S Code 41300 et seq.) to replace the AVAPCD. Once again the SIP in effect at the time of the change remained in effect until the AVAQMD Governing Board superceded, amended or rescinded it. There is no equivalent document currently in the AVAQMD SIP.8 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 2. SIP Analysis.

The RACT SIP Analysis will be submitted to the USEPA for inclusion into the State Implementation Plan.AVAQMD RACT SIP Analysis A- 1 Final Staff Report, 10/18/2006 

### APPENDIX "A" 8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis (RACT SIP Analysis) Draft Version

Please see the AVAQMD 8-Hour Reasonable Available Control T echnology – State Implementation Plan Analysis (RACT SIP Analysis) as contained in the September 19, 2006 adoption package.A-2 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.AVAQMD RACT SIP Analysis B- 1 Final Staff Report, 10/18/2006 

### APPENDIX "B" PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing – Antelope Valley Press, August 19, 2006B-2 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.AVAQMD RACT SIP Analysis B3 Final Staff Report, 10/18/2006B-4 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.AVAQMD RACT SIP Analysis C- 1 Final Staff Report, 10/18/2006 

### APPENDIX "C" PUBLIC COMMENTS AND RESPONSES

1. USEPA letter dated September 11, 2006C-2 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.AVAQMD RACT SIP Analysis C3 Final Staff Report, 10/18/2006C-4 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006AVAQMD RACT SIP Analysis C5 Final Staff Report, 10/18/2006C-6 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006AVAQMD RACT SIP Analysis C7 Final Staff Report, 10/18/2006C-8 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006AVAQMD RACT SIP Analysis C9 Final Staff Report, 10/18/2006C-10 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006AVAQMD RACT SIP Analysis C- 11 Final Staff Report, 10/18/2006 

### District response to USEPA comments

General Comments

(1) “Rules needing further clarification that they still represent RACT if needed for RACT”

The set of rules in Table 1 was evaluated against the document provided by the USEPA provided to help establish RACT: “ Beyond VOC RACT CTG Requirements” (EPA-453/R95-010, 4/95. NTIS PB-95-239-497), CTG . The Antelope Valley Air Pollution Control District (AVAPCD) was created July 1, 1997 pursuant to statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and assumed all air pollution control responsibilities from the SCAQMD for the area of Los Angeles County outside the South Coast Air Basin. The SCAQMD rules in effect within the jurisdiction of the AVAPCD remained in effect until the AVAPCD Governing Board superceded, amended, or rescinded them. On January 1, 2002 the Antelope Valley Air Quality Management District (AVAQMD) was created pursuant to st atute (H&S Code §41300 et seq.) to replace the AVAPCD. Once again the rules in effect at the time of the change remained in effect until the AVAQMD Governing Board superceded, amended or rescinded them. The rules listed in table 1 are the SCAQMD rules adopted by the AVAQMD upon its formation. At the time the SCAQMD rules were evaluated by USEPA, they were determined to be “Beyond RACT’, hence no further evaluation was deemed necessary by the District. The District is not aware of any significant changes in technology for the categories in question.

(2) “Rules that should be submitted for SIP approval if needed for RACT”

Rule 1110.2 – Emissions from Gaseous and Liquid Fueled ICEs as amended 5/15/01 submitted as a SIP revision on 4/01/2003.

Rule 1128 – Paper Fabric and Film Coating Operations as amended by SCAQMD on 03/08/1996 was submitted as a SIP Revisi on by CARB on 07/23/1996. Such submission applies to the jurisdiction of the SCAQMD as it existed on 07/23/1996. The SIP approval of this rule (if it has occurred) should include the territory now known as the AVAQMD (which occurred on 07/01/1997).

Rule 1130 – Graphic Arts as amended by SCAQMD on 03/08/1996 was submitted as a SIP revision by CARB on 07/23/1996. Such submission applies to the jurisdiction of the SCAQMD as it existed on 07/23/1996. The SIP approval of this rule (if it has occurred) should include the territory now known as the AVAQMD (which occurred on 07/01/1997).

Rule 1134 – Emissions of NOx from Stationary Gas Turbines as amended by SCAQMD on 04/11/1997, before the creation of the AVAPCD , was submitted as a SIP revision by CARB on 08/01/1997 after the statutory creation of the AVAPCD (predecessor agency to the AVAQMD). Such submission applies to the jurisdiction of SCAQMD as it existed on 08/01/1997 that excludes the jurisdiction of the AVAQMD. Since the amendment occurredC-12 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 before the creation of the AV District the rule itself was statutorily rolled over on 07/01/1997 as an AVAPCD (now AVAQMD) rule. However, the AVAQMD does not have or maintain any records regarding the amendment and does not have access to such documentation and therefore can not submit the rule as a SIP revision.

USEPA has never provided specific guidance rega rding rules that were adopted or amended by SCAQMD prior to 07/1/1997 but submitted afte r the statutory creation of the AVAPCD (AVAQMD). If USEPA can provide such guidance in writing regarding the steps needed to be taken (absent re-adopting the rule which is unnecessary) to submit such a rule the AVAQMD will be happy to request CARB take the appropriate action or actions.

Rule 1141.1 – Coatings and Ink Manufacturing as amended by SCAQMD on 03/06/1992, before the creation of the AVAPCD, was submitted as a SIP revision by CARB on 09/14/1992. The approval of this rule into the SIP was not until 05/04/1999 after the statutory creation of the AVAPCD (predecessor agency to the AVAQMD). Since the amendment occurred before the creation of the AV District the rule itself was statutorily rolled over on 07/01/1997 as an AVAPCD (now AVAQMD) rule. However, the AVAQMD does not have or maintain any records regarding the amendment and does not have access to such documentation and therefore can not submit the rule as a SIP revision.

USEPA has never provided specific guidance rega rding rules that were adopted or amended by SCAQMD prior to 07/01/1997 but submitted or approved after the statutory creation of the AVAPCD (AVAQMD). If USEPA can provide such guidance in writing regarding the steps needed to be taken (absent re-adopting the rule which is unnecessary) to submit such a rule the AVAQMD will be happy to request CARB take the appropriate action or actions.

Rule 1145 – Plastic, Rubber and Glass Coatings and Adhesives as amended by SCAQMD on 02/14/1997 (before creation of the AVAPCD) was submitted by CARB on 08/01/97, after the creation of the AVAQMD. Such submission applies to the jurisdiction of SCAQMD as it existed on 08/01/1997 that excludes the jurisdiction of the AVAQMD. Since the amendment occurred before the creation of the AV District the rule itself was statutorily rolled over on 07/01/1997 as an AVAP CD (now AVAQMD) rule. However, the AVAQMD does not have or maintain any records regarding the amendment and does not have access to such documentation and therefore can not submit the rule as a SIP revision.

USEPA has never provided specific guidance rega rding rules that were adopted or amended by SCAQMD prior to 07/01/1997 but submitted after the statutory creation of the AVAPCD (AVAQMD). If USEPA can provide such guidance in writing regarding the steps needed to be taken (absent re-adopting the rule which is unnecessary) to submit such a rule the AVAQMD will be happy to request CARB take the appropriate action or actions.

Rule 1168 – Control of VOC from Adhesive Application was amended by SCAQMD on 04/11/1997 (before the creation of the AVAQMD) and was most likely submitted by CARB after the creation of the AVAQMD on 07/01/1997. Such submission applies to the jurisdiction of SCAQMD as it existed on the submission date that excludes the jurisdiction of the AVAQMD. Since the amendment occurred before the creation of the AV District theAVAQMD RACT SIP Analysis C- 13 Final Staff Report, 10/18/2006 rule itself was statutorily rolled over on 07/01/1997 as an AVAPCD (now AVAQMD) rule. However, the AVAQMD does not have or maintain any records regarding the amendment and does not have access to such documentation and therefore can not submit the rule as a SIP revision.

USEPA has never provided specific guidance rega rding rules that were adopted or amended by SCAQMD prior to 07/01/1997 but submitted after the statutory creation of the AVAPCD (AVAQMD). If USEPA can provide such guidance in writing regarding the steps needed to be taken (absent re-adopting the rule which is unnecessary) to submit such a rule the AVAQMD will be happy to request CARB take the appropriate action or actions.

Rule 1176 – Sumps and Wastewater Separators was amended by SCAQMD on 09/13/1996 by SCAQMD before the creation of the AVAQMD. It is unknown at this time if and when it was submitted as a SIP revision by CARB.

CTG Sources – Negative Declaration

(3) A separate “ Proposed Adoption Of The Federal Negative Declarations For 51 Source Categories” will be submitted to the USEPA that includes the requested FND language as follows:

“The AVAQMD has examined its permit files, emissions inventory and other documentation and has determined that there are no sources in the fifty-one source categories referenced in attachment A, located within the jurisdiction of the AVAQMD and none are anticipated in the near future”.

(4) See response to comment 3 above.

(4) The District does not have sources in any of the categories identified.

In the USEPA comment letter, enclosure (3) page 1 it is suggested that an addition FND should be adopted for the source category “ Surface Coating Operations At Shipbuilding and Ship Repair Facilities”. We have determined that this source category is already covered by the “Marine Coating Operations” FND.

Required RACT Actions

(6) The District will forward the proposed rules to the State for SIP submission as soon as possible.

Future CTGs

(7) The District will submit SIP revisions within one year after the CTGs referenced are finalized.C-14 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.AVAQMD RACT SIP Analysis D- 1 Final Staff Report, 10/18/2006 

### APPENDIX "D" CALIFORNIA ENVIRONMENTAL QUALITY ACT DOCUMENTATION (to be included as available)

1. Notice of Exemption – Los Angeles County, 09/26/2006D-2 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.AVAQMD RACT SIP Analysis D3 Final Staff Report, 10/18/2006D-4 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.AVAQMD RACT SIP Analysis E-1 Final Staff Report, 10/18/2006 

### APPENDIX "E" BIBLIOGRAPHY

The following documents were consulted in the preparation of this staff report and the proposed adoption of the 8-Hour Reasonably Available Control T echnology – State Implementation Plan Analysis (RACT SIP Analysis):

1. Environmental Protection Agency – Final Rule to Implement the 8-Hour Ozone NAAQS (70 FR 71617, November 29, 2005) 2. EPA – various CTGs, ACTs, and other documents 3. EPA – letter from Andrew Steckel, EPA Region IX to Kurt Karperos, ARB dated March 9, 2006 – RACT SIP 4. EPA – letter from Andrew Steckel, EPA Region IX to Kurt Kaperos, ARB dated April 4, 2006 – RACT CTG table 5. California Health and Safety Code – various sectionsE-2 AVAQMD RACT SIP Analysis Final Staff Report, 10/18/2006 This page intentionally left blank.