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 Quality Management District Rule 1153.1

Emissions of Oxides of Nitrogen from Commercial Food Ovens

Prepared by: Nicole Law

August 2016
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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 NOx and CO emission limits for 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.

Rule 1153.1 limits NOx 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 requirements. Additionally, the rule includes requirements on unit identification, 

recordkeeping and certification requirements. The alternate compliance options in the 

rule allow facilities with multiple units and multiple compliance dates to delay 

compliance. Facilities using this option must submit an alternate compliance plan and 

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, “NOx

Emissions from Industrial/Commercial/Institutional (ICI) Boilers” (EPA-453/R94-022, March 1994), CARB’s RACT/BARCT guidance titled, “Determination of 

Reasonably Available Control Technology and Best Available Retrofit Control 

Technology for Industrial, Institutional, and Commercial Boilers, Steam 

Generators, and Process Heaters” (July 18, 1991), and other state and local 
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rules for this category were used to help evaluate the RACT requirements of 

CAA §182(b)(2) and §182(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 applicable 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, the rule requirements and applicability are clear, 

and the monitoring, recordkeeping, reporting and other provisions sufficiently 

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 NOx

guidance documents available for comparison at this time. The emission limits in 

Rule 1153.1 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 NOx emission limit of 4.3 ppmv at 19% oxygen 

for applicable units and is lower than the NOx 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 500oF. 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 

subject 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 Staff Report Proposed Rule 1153.1, October 2014, at pp. 1-8.
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Rule 1153.1 delays several compliance dates for in-use permitted food ovens that 

were previously covered under the SIP approved SCAQMD Rule 1147, NOx

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 Report for Rule 1153.1. 

Additionally, the emissions 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 NOx in 2015,

2016, 2017, 2018, 2019 and 2020. The letter also summarizes that emissions

foregone in 2015 and 2016 from Rule 1153.1 along with several other SCAQMD 

rules add up to 0.21 tpd NOx in 2015 and 0.21 tpd NOx in 2016. The emissions 

foregone in 2017, 2018, 2019, and 2020 from Rule 1153.1 and several other 

SCAMD rules are 0.15 tpd NOx in each of those years, which is below the 1 tpd NOx

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 PM2.5. Beyond 2020, there 

are no emissions foregone due to the amendments in Rule 1153.1, therefore there 

is no impact on the 1-hour ozone standard with attainment date of 2022 and the 

1997 8-hour 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 

additional time to incorporate low NOx 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 which will provide sufficient emission reductions to 

compensate for the delay. We are not opining on the leaf blower program in this 

TSD. However, since the units subject to Rule 1153.1 will ultimately have to meet 

 

2 Letter from Philip Fine, SCAQMD, to Andrew Steckel, EPA, Re: Ongoing NOx rule development 

emission reductions (forgone) issues, dated May 20, 2015.

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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 (4/9/2015). As a result, it is not appropriate at this time 

to credit in SIP attainment demonstrations, 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 document the number of units 

complying with the emission limitations as well as link the emissions to the relevant emission inventory. 
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the rule’s emission limits, this fee compliance option is similar to the other 

delayed compliance rule amendments 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 disapproval, but is recommended 

for the next time the rule is amended.

• SJVUAPCD Rule 4309 Dryers, Dehydrators, and Ovens contains a NOx limit of 4.3 

ppmv at 19% oxygen for applicable units and is lower than the NOx 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 500oF. We recommend that SCAQMD consider 

adopting a lower NOx 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 NOx emissions beginning in 2016. The rule largely fulfils the 

relevant CAA §110 and part D requirements. Therefore, EPA staff recommends approval 

of Rule 1153.1 pursuant to CAA §110(k)(3) and §301(a). 

REFERENCES

1. SCAQMD Rule 1153.1, 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, NOx 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 OAQPS, 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. “NOx Emissions from Industrial/Commercial/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 Generators, and Process Heaters,” CARB, July 18, 1991.

8. Letter from Philip Fine, SCAQMD, to Andrew Steckel, EPA, Re: Ongoing NOx rule 

development emission reductions (forgone) issues, dated May 20, 2015.