UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document
for

EPA ’ s Rulemaking
for the California State Implementation Plan

South Coast Air Qualit y Management District Rule 1153.1 Emissions of Oxides of Nitrogen from Commercial Food Ovens

Prepared by: Nicole Law

August 20161 RULE IDENTIFICATION

Agency South Coast Air Quality Management District (SCAQMD)

SIP Approved
Rule There is no previously SIP approved version of this rule

Subject of this

TSD Rule 1153.1

- Emissions of Oxides of Nitrogen from Commercial
Food Ovens Adopted

– November 7, 2014
Submitted

– April 7, 2015

Completeness Finding Determination of Completeness letter: April 30, 2015

RULE SUMMARY

Rule 1153.1 establishes NO x and CO emission limits fo r in

- use ovens, dryers, smokers and dry roasters. This equipment was previously covered by SCAQMD Rule 1147 and the District has decided to regulate these sources separately from other Rule 1147 sources

. R ule 1153.1 limits NO x emissions from the various units to 40 or 60 ppm depending on the process temperature. Rule 1153.1 includes language on how a unit’s age is determined, when permit applications need to be submitted, compliance deadlines and testing re quirements. Additionally, the r ule includes requirements on unit i dentificatio n, recordkeeping and certification requirements

. The alternate compliance options in the
rule allow facilities with multiple units and multiple compliance da tes to delay

comp liance. Facilities using this option must submit an alternate compliance plan a nd the requirements for this plan are thoroughly outlined in the rule.

EVALUATION CRITERIA

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with
the Clean Air Act ( CAA ) §110(a)(2)(A) requirement for enforceability.

2. Stringency

- EPA’s Alternative Control Techniques Document (ACT) titled, “NO x Emissions from Industrial/Commercial/Institutional (ICI) Boilers” (EPA

- 453/R

94

- 022, March 1994), CARB’s RACT/BARCT guidance titled, “Determination of Reasonably Available Control Technology and Best Available Retrofi t Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters” (July 18, 1991), and other state and local2 rules for this category were used to help evaluate the RACT requirements of CAA §182(b)(2) and §18 2(f).

3. SIP Relaxation

- CAA § 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other CAA a pplicable requirement . In addition, CAA § 193 prohibits the modification of any SIP

- approved control requirement in effect before November 15, 1990, in a nonattainment area.

EPA EVALUATION A summary of our evaluation of the three criteria follows.

1. To help ensure enforceability, t he rule re quirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficient ly
ensure that affected sources and regulators can evaluate and determine compliance with Rule 1153.1 consistently.

2. The submitted rule is more stringent than EPA’s ACT, CARB ’ s RACT/BARCT guidance and as stringent as the only other similar California District rule for this
category

, San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4309

,

“ Dryers, Dehydrators, and Ovens. ” While Rule 1153

. 1 categories are not directly comparable to EPA’s ACT and CARB’s RACT/BARCT guidance, they are the only NO x guidance documents available for comparison at this time. The emission limits in
Rule 11 53.1 are more stringent than those in the guidances. As a result, we have
determined that this rule satisfies RACT requirements.

SJVAPCD Rule 4309 Table 1 has a N O x emission limit of 4.3 ppmv at 19% oxygen for applicable units and is lower than the N O x emission limit of 60 ppm at 3% oxygen (6.5 ppm at 19% oxygen) in Rule 1153.1 for units run at temperatures greater than 500 o F. However, Section 4.1 of Rule 4309 exempts smokehouses or roasting units and units used to bake or fry food for human consumption. Rule 1153.1 applies to units that are “used to prepare food or products for making beverages for human consumption” and SCAQMD estimates that 70% of sources

su bject to Rule 1153.1 are ovens while the remaining are smokehouses and

roasters

. 1 On balance, we do not believe this one more stringent emission limit in
one other rule for a small subset of affected sources interferes with the conclusion
that Rule 1153.1 implements RACT.

3. We propose to determine that our approval of the submittal would comply with

CAA §§ 110(l) and 193 because the proposed SIP revision would not interfere with
the on

- going process for ensuring that requirements for RFP and attainment of the
NAAQS are met

.

1 SCAMQD Staf f Report Proposed Rule 1153.1, October 2014, at pp. 1

- 8.3 Rule 1153.1 delays several compliance dates for in

- use permitted food ovens that were previously covered under the SIP approved SCAQMD Rule 1147, NO x Reductions from Miscellaneous Sources. It also has less stringent emission limits than were required in Rule 1147. Rule 1147 was a technology forcing rule approved into the SIP and the sources were unable to comply with the limits in the
rule’s timeframe as described in the District Staff Repo rt for Rule 1153.1. Additionally, the emission s forgone (i.e. emissions reductions that were not achieved) were described in a letter to EPA on May 20, 2015. The letter estimates the emissions forgone due to the rule amendments are 0.06 tpd NO x in 2015, 2016, 2017, 2018, 2019 and 2020. The letter also summarizes that emission s foregone in 2015 and 2016 from Rule 1153.1 along with several other SCAQMD rules add up to 0.21 tpd NO x in 2015 and 0.21 tpd NO x in 2016. The emissions foregone in 2017, 2018, 20 19, and 2020 from Rule 1153.1 and several other
SCAMD rules are 0.1 5 tpd NO x in each of those year s , which is below the 1 tpd NO x set aside by SCAQMD in their 2014 inventory used to model attainment. 2 Therefore, the foregone emissions reductions do not impact the 2015 impracticability demonstration for the 2006 NAAQS for PM 2. 5

. Beyond 2020, there are no emissions foregone due to the amendments in Rule 1 153.1 , therefore there is no impact on the 1

- h ou r ozone standard with attainment dat e of 2022 and the

1997 8

- h ou r ozone standard with attainment date of 2023.

Section ( h ) was added to provide a mitigation fee compliance option

. 3 Owners and operators of a unit are allowed to delay compliance with the rule emission limits for up to three years by submitting an alternate compliance plan and paying an emissions mitigation fee. This flexibility is given so operators may have
additio nal time to incorporate low NO x technology for unique applications or processes and to phase in compliance for multiple units at a facility. The district’s staff report states the fees collected will be used to fund replacement of
commercial leaf blowers w hich will provide sufficient emission reductions to compensate for the delay. We are not opining on the leaf blower program in this TSD. However, s ince the units subject to Rule 1153.1 will ultimately have to meet

2 Letter from Philip Fine, SCAQMD, to Andrew Steckel, EPA, Re: Ongoing NO
x rule development emission reductions (forgone) issues, dated May 20, 2015.

3 We note that while the fees are enforceable against sources, the emission reductions associated are not
without further documentation. If the District intends to seek credit in a SIP for emission reductions generated through disbursement of funds generated through the implementation of this fee, the District must develop and submit a SIP revision consistent with the requirements of the CAA and EPA guidance on
economic incentives. See 2001 EIP and 80 FR 19020 (4/9/201 5 ). As a result, it is not appropriate at this time
to credit in SIP attainment demon strations, emission reductions associated with emission limits with an alternative fee compliance option. In addition, if the District intends to seek SIP credit for the units complying with the emission limitations of the rule, the District should documen t the number of units complying with the emission limitations as well as link the emissions to the relevant emission inventory.4 the rule’s emission limits, this fee com pliance option is similar to the other delayed compliance rule amendm ents and addressed by SCAQMD’s May 20, 2015
letter discussed above.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION The following revision is not currently the basis for rule dis approval, but is recommended
for the next time the rule is amended.

• SJVUAPCD Rule 4309 Dryers, Dehydrators, and Ovens contains a NO x limit of 4.3 ppmv at 19% oxygen for applicable units and is lower than the NO x emission limit of 60 ppm at 3% oxygen (6.5 ppm at 19% oxygen) in Rule 1153.1 for units run at temperatures greater than 500 o F. We recommend that SCAQMD consider adopting a lower NO x limit similar to the limit in SJVUAPCD Rule 4309.

EPA ACTION
The submitted Rule 1153.1 strengthens the SIP, and the associated District staff report projects it will reduce NO x emissions beginning in 2016 . The rule largely fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends appro val
of Rule 1 153.1 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES

1. SCAQMD Rule 11 53.1

, Emissions of Oxides of Nitrogen From Commercial Food

Ovens , as adopted November 7, 2014 and submitted to EPA on April 7, 2015

. 2. SCAQMD Rule 1147, NO x Reductions from Miscellaneous Sources, as adopted on December 5, 2008, and approved into the SIP on August 4, 2010 (75 FR 46845).

3. SJVUAPCD Rule 4309, Dryers, Dehydrators, and Ovens as adopted on December 15, 2005, and approved into the SIP on May 20, 2007 (72 FR29886).

3. “Staff Report

- Proposed Rule 1153.1

- Emissions of Oxides of Nitrogen from
Commercial Food Ovens ,” SCAQMD, Dated October 2014

. 4. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA O AQPS, May 25, 1988

. 5. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001 (http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf).

6. “NO x Emissions from Industrial/Commer cial/Institutional (ICI) Boilers,” EPA, March 1994, (EPA

- 453/R

- 94

- 022, March 1994).

7. “Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers,

Steam Gen erators, and Process Heaters,” CARB, July 18, 1991.

8

. Letter from Philip Fine, SCAQMD, to Andrew Steckel, EPA, Re: Ongoing NO x rule development emission reductions (forgone) issues, dated May 20, 2015.