1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Proposed Rulemaking

for the California State Implementation Plan

South Coast Air Quality Man a gement District Amended Rule 1133.1 (Chipping and Grinding

Activities ) and Rule 1133.3 ( Emission Reductions from Greenwaste Composting Operations )

Prepared by: Nancy Levin

April 2 6

, 20122

South Coast Air Quality Management District Amended Rule 1133.1 ( Chipping and Grinding)

and Rule 1133.3 (Greenwaste Composting)

R egulation Adoption and Submittal Chro n ology

Date Action January 10, 2003 South Coast Air Quality Management District ( SCAQMD ) adopts Proposed Rule s 1133, 1133.1 and 1133.2
June 5, 2003 ARB submits SCAQMD Rules 1133, 1133.1 and 1133.2 to EPA as requested by SCAQMD July 21, 2004 EPA finalizes approval of Rules 1133, 1133.1 and 1133.2 (69 FR 43518) July 8, 2011 SCAQMD adopts Proposed Amended Rule (PAR) 1133.1 and Proposed Rule (PR) 1133.3

October 5 , 2011 SCAQMD submits PAR 1133.1 and PR 1133.3 to the California Air Resources Board (ARB)

November 18 , 2011 ARB submits PAR 1133.1 and PR 1133.3 to EPA as requested by SCAQMD
December 22, 2011 ARB’s submittal of PAR 1133.1 and PR 1133.3 became complete by operation of law pursuant to CAA section 110(k)(1)(B).



### Background

The South Coast Air Basin is nonattainment for the National Ambient Air Quality Standard (NAAQS) for 8

- hour ozone. Degradation of organic material, such as occurs in chipping and grinding and greenwaste composting, releases volatile organic compounds (VOCs), which are precursors to the formation of ground

- level ozone. In 2003, the South Coast Air Quality Management District (SCAQMD) adopted Rules 1133, 1133.1 and 1133. 2 to regulate chipping and grinding operations and co

- composting operations. In 2011, the SCAQMD adopted Proposed Amended Rule (PAR) 1133.1 (Chipping and Grinding) and new Proposed Rule (PR) 1133.3 (Greenwaste Composting ) . On November 18, 2011 , ARB submit ted PAR 1133.1 and 1133.3 to

EPA on behalf of the SCAQMD.



### Evaluation Criteria

EPA is primarily evaluating the proposed regulations against three criteria:

Enforceability : Consistent with Section 110(a)(2)(A) of the Clean Air Act (CAA), SIP

r egulations must be clear regarding, for example, who must comply, by what date, the standard of compliance, the methods used to determine compliance, and the process and criteria for obtaining any variation from the normal mode of compliance. 1 Guidance used to help evaluate

1 “Review of State Implementations Plans and Revisions for Enforceability and Legal Sufficiency” (Enforceability Guidance), Craig Potter, EPA, September 23, 1987. See also General Preamble for the Implementation of Title I of

the Clean Air Act Amendme nts of 1990. 57 FR 13498, 13502 and 13541 (April 16, 1992) (General Preamble) and CAA §§110(a)(2) and 172(c)(6). http://www.epa.gov/compliance/resource s/policies/civil/caa/stationary/review

- enf

rpt.pdf

.3

enforceability includes the “ Bluebook ” and the “ Little Bluebook

. 2 ”

Anti

- Backsliding : We evaluate a SIP revision to determine whether it would interfere with any applicable requirement concerning attainment and reasonabl e further progress (RFP) or any other applicable requirement of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIP

approved control requirement in effect before November 15, 1990 (CAA § 193).

Stringency: CAA Section 182(b)(2) directs ozone n onattainment areas to adopt and submit SIP provisions implementing RACT for all major stationary sources of VOC. RACT is “the lowest emission limitation that a particular source (can meet using) control technology that is reasonably available, considering technological and economic feasibility.” (44 FR 53762, September 17, 1979).

The District is also subject to CAA section 172(c)(1), which requires implementation of all reasonably available control measures (RACM) necessary for expeditious attainment of the NAAQS. EPA generally takes action on a RACM demonstration as part of our action on the State’s attainment demonstration for the relevant NAAQS, based on an evaluation of the control measures submitted as a whole and their overall potential to advance the applicable attainment

date in the area. See, e.g., 77 FR 126 74 (March 1, 2012) (final rule approving 8

- hour ozone attainment plan for SCAQMD ). Thus, in this action, we are evaluating Rules 1133.1 and 1133.3 with respect to RACT only.



### PAR 1133.1

R ule Summary

The purpose of PAR 1133.1 is to prevent inadvertent decomposition occurring during chipping and grinding activities

. This proposed amended rule applies to the operators of chipping and grinding activities, including stockpile operat ions, to produce materials other than active or finished compost, unless otherwise exempted. The amended rule was adopted to tighten requirements on stockpile operations and harmonize the rule with greenwaste management requirements in Title 14 of the California Co de of Regulations. The SCAQMD is not quantif ying

emission reduct ion for the rule

.

The proposed changes are as follows: Explicitly includes stockpile operations. Applies to operations that produce materials o ther than active or finished compost

. Several definitions were added, removed, or changed. Requirements : (a) Foodwaste shall not be taken at the facility, unless otherwise allowed by the Local Enforcement Agency (LEA) to handle foodwaste; (b) Chip or grind and

utilize on

- site or remove curbside, non

- curbside, or mixed greenwaste from the site

2 “Guidance Document for Correcting Common VOC and Other Rule Deficiencies,” U.S. EPA Region IX, August 21, 2001 ( T he Little Bluebook), and “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” U.S. EPA, OAQPS, May 25, 1998 (The Bluebook).4

within 48 hours of receipt, excluding observance of official federal and state holidays, or

up to seven days maximum, with approval from the LEA; (c) Maintain records for 5 years Exemption s: (a) Chipping and grinding activities of greenwaste derived from the site and

utilized on

- site shall be exempt from the requirements provided less than 1,000 cubic yards of materials are either sold or given away ; (b) ( n ew) Biomass power generation facility or a facility p rocessing material as a biomass fuel for a biomass power generation facility, provided biofuel material f a lls below specified temperature and moisture requirement s ; (c) ( n ew) The operator of a landfill or biomass power generation facility exempt from recor d

- keeping requirements (d)(4) provided that the operator does not perform chipping and grinding of greenwaste on

- site.



### Evaluation

1. Enforceability

The rule applies to operators of chipping and grinding activities that do not produce compost. It specifically includes stockpiling operations, and it clarifies exemptions for biomass and landfill operations. Compliance requirements are clear

. Alternate methods are allowed if approved by the SCAQMD , CARB and EPA.

Methods to det ermine compliance: Section (d) specifies the records that must be

mainta ined to demonstrate compliance. Section (d) requires records for dates and amount of curbside greenwaste chipped and ground, but not for non

- curbside or mixed greenwaste. Section (e) contains test methods to measure moisture conten t

. Schedule for compliance: T he rule does not include a schedule for compliance;

therefore

, compliance is required as of rule adoption.

2. Anti

- Backsliding : There is a prior version of Rule 1133.1 in the SIP (69 FR 43518)

. Overall, the amended rule appears to be more stringent than the prior version. The

amended rule reduces the time period from receipt of material to chipping and grinding to

48 hours , whereas the prior version allowed up to 14 calendar days for non

- curbside
greenwaste, seven calendar days for mixed greenwaste, and three calendar days for curbside greenwaste. While the 48

- hour requirement can be extended due to official and

state holid ays, or to seven days with approval from the Local Enforcement Agency, the overall effect of the rule appears to increase stringency.

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

section s 110(l) and 193 , because the pro posed SIP revision would not interfere with the

on

- going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and the submitted SIP revision is as stringent as the requirements previously approved into the SIP.

3. Stringency: EPA believes the proposed regulation is stringent enough to implement

RACT

- level controls.5

4. EPA bases o u r stringency evaluation on the following:

1. There is no federal policy or guidance (e.g., EPA Control Techniques, Alternative Control Technology Guidelin es, New Source Performance Standard, National Emission Standard for Hazardous Air Pollutants, or Maximum Achievable Control Technology) describing reasonably

- available VOC controls for greenwaste chipping and grinding activities

. 2. EPA believes that this am ended rule is generally more stringent than the prior

EPA

- approved SIP rule.

3. There is little, if any

, regulatory history regarding greenwaste chipping and grinding activities to control VOCs

. 4. Based on the SCAQMD’s cost

- effectiveness analysis, it would not be economically feasible for operators to implement more stringent controls than what is proposed

in the rule.

Based on our analysis, we have no basis to conclude that additional controls are reasonably

available

.



### Additional Recommendations for Next Revi sion of 1133.1

The following revisions are not currently the basis for rule disapproval, but are recommended for

the next time either rule is amended.

1. Section (d) requires that the operator keep records for the dates and amount of curbside
greenwaste only . It does not require records for non

- curbside or mixed greenwaste. This appears to be an oversight. Please correct section (d)(4)(f) requirements to include non

curbside and mixed greenwaste.



### EPA Action

The submitted regulation is enforceable, strengthe n s the SIP, and meet s CAA requirements for

RACT. Therefore, EPA recommends approval of Amended R ule 1133.1.



### Proposed Rule 1133.3

Rule Summary

The stated purpose of the SCAQMD Rule 1133.3 is “to reduce fugitive emissions of volatile organic compounds (VOC) and ammonia occurring during greenwaste composting operations.”

The SCAQMD adopted Rule 1133.3 to “ establish operational best management practices (BMPs) for greenwaste composting operation s that produce active or finished compost from greenwaste

- only or greenwaste in combination with manure or foodwaste

. ” The SCAQMD has calculated that the implementation of PR 1133.3 would reduce 0.9 tons per day of VOC from greenwaste composting operation s. For operations processing up to 5,000 tons of foodwaste per year, the rule requires operators to apply an initial finished compost cover, followed by water when turning. If the facility processes more than 5,000 tons per year of foodwaste, any active p hase of composting6

containing more than 10% foodwaste, by weight, must use an emission control device with an overall control efficiency of at least 80% by weight of VOC. Community composting, nursery

c omposting, backyard composting, and recreational facil ity composting are exempt from the rule.



### Evaluation

Enforceability This rule applies to greenwaste composting operations that produce active or finished compost from greenwaste by itself or in combination with manure or foodwaste, unless exempted.

The compliance sta ndards and schedules are clearly stated in Section (d)

. Rul e requirements can be met by an alternative mitigation measure based on a test
method approved by the Executive Officer, CARB, and EPA (section (d)(2)(E) ) or, for facilities processi ng more than 5,000 tons per year of foodwaste, if the alternative is approved by the Executive Officer, CARB, and EPA to achieve emission reductions greater than or equal to 80 % by weight (section 3(B)) Section (e ) provides test methods and a requirement to use a SCAQMD

- approved laboratory in accordance with Attachment A of the rule. Attachment A provides g uidelines for the development of source test protocols for VOC

emissions from g reenwaste c omposting o perations and requires that testing be conducted using SCAQMD Method 25.3, an EPA

- approved method.

While t he Rule does not include requirements to record food waste thresholds , the State’s regulations ( http://www.calrecycle.ca.gov/Laws/regulations/title14/default.htm ) require

compos t operators to record the quantity and type of feedstock received and quantity of material produced. (Title 14, Division 7, Chapter 3.1, Article 8, Section 17869(d) )

. In addition, the SCAQMD developed guidance documents for the October 13, 2011 compliance workshop that includes power point slides with a suggested record keeping

form

. 3 The form includes entries for activities such as the dates and amounts of foodwaste received, greenwaste received, manure received, and their monthly totals. While not part o f the Proposed Rule we expect that operators would separately track green waste and food waste. According to the staff report , no facilities triggered the 5,000 threshold upon rule adoption

. 4

Based on this information, we believe that R ule 1133.3 is clea r and adequate to ensure that the

submitted rule can be enforced consistent with the requirements of CAA Section 110(a) (2)(A)

.

Anti

- backsliding : There is no prior version of Rule 1133.3 in the SIP. We propose to determine that our approval of the submittal would comply with CAA section s 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, and the submitted SIP revision is

3 http://www.aqmd.gov/comply/Training_Info/Workshop_Composting_1133.html Slide 15.

4 Final Staff Report, Proposed Amended Rule 1133.1

- Chipping and Grinding Activities; Proposed Rule 1133.3

- Emission Reductions From Greenwaste Composting Operations , Attachment H, page 25, July 2011.7

more stringent than the requirements pr eviously approved into the SIP.

Stringency: EPA believes, b ased on the information provided in the SCAQMD ’s alternatives analysis, and the research cited to supp ort it, that SCAQMD has demonstrated that the proposed regulation is stringent enough to implement RACT

- level controls.

EPA bases our stringency evaluation on the following:

1. There is no federal policy or g uidance (e.g., EPA Control Techniques, Alternati ve Control Technology Guidelines, New Source Performance Standard, National Emission Standard for Hazardous Air Pollutants, or Maximum Achievable Control Technology) describing reasonably available controls for organic material composting.

2. Th ere is little , if any regulatory history regarding compost operations. The San Joaquin Valley United Air Pollution Control District is the only other nonattainment area that has compost regulations ( Rule 4566 ), and these were recently adopted ( August 1 8, 2011).

3. Given the lack of regulatory history for this category, there is not sufficient precedent to clearly define additional RACT compost controls at this time.

4. Based on the SCAQMD ’s cost

- effectiveness analysis, it would not be economically feasible for operato rs to implement more stringent controls than what is proposed in the

rule.

Based on our analysis, we have no basis to conclude that additional controls are reasonably

available.



### Additional Recommendations for Next Revision

The following revisions are not currently the basis for rule disapproval, but are recommended for

the next time either rule is amended.

1. In order to determine compliance with the 5,000 tons per year foodwaste threshold and

other percentage requirements , a dd specific daily record

- keeping requirements for each type of raw material received , including the the dates and amounts of the following: foodwaste received, greenwaste received, manure received, and their monthly totals

. 2. Adjust the compost emission fact or as more data become available

. The estimated greenwaste emission factor ( 4.67 lbs

- VOC/ton) used for this rule is a based on the average VOC/ton of six facilities in California. These facilities had a relatively wide range of results (0.85

– 10.03 lbs

- VOC/ton ) 5

. (see page III

- 2 of study report )

3. D evelop and incorporate food waste emission factors to more accurately characterize the

VOC emis sions from composting that contains food material.

4. Clarify why the cont r ol measure in the Modesto Study, which is 75%, is not used for this rule. ( Staff R eport, page s 111

- 5 and 6)

5 Compost VOC Emission Factors, September 15. 2010. http://valleyair.org/Workshops/postings/2010/9

- 22

- 10

- rule4566/SJVAPCD%20Compost%20VOC%20EF%20Report%209

- 15

- 10.pdf (SJVUACPD Workshop September 22, 2010)8



### EPA Action

The submitted regulation is enforceable, strengthen s the SIP, and meet s CAA requirements for

RACT. Therefore, EPA recommends approva l of Rule 1133.3

.



### Reference s

1. SCAQMD Amended Rule 1133.1 and New Rule 1133.3

, July 8, 2011

2. SCAQMD Final Staff Report: Proposed Amended Rule 1133.1

– Chipping and Grinding Activities; Proposed Rule 1133.3

– Emission Reductions from Greenwaste Composting Operations, July 2011

3. “ Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, ” (a.k.a.,

Bluebook ) EPA OAQPS, May 25, 1988

. 4. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a .k.a., Little Bluebook), EPA Region 9, August 21, 2001

5. Portions of the proposed post

- 1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987.

6. “State Implementation Plans, General Preamble for the Implementation of Title I o f the Clean Air Amendments of 1990,” 57 FR 13498, April 16, 1992.

7. “Preamble, Final Rule to Implement the 8

- hour Ozone National Ambient Air Quality Standard,” 70 FR 71612, November 29, 2005.

8. “Reasonably Available Control Technology (RACT) Demonstration for Ozone State Implementation Plans (SIP)” S JVUAPCD , April 16, 2009.

9. Letter from William T. Hartnett to Regional Air Division Directors, “RACT Qs & As

– Reasonable Available Control Technology (RACT): Questions and Answers,” EPA, May
18, 2006.

10. Rule 1133.3 powerpoint presentation SCAQMD October 13, 2011 Compliance Assistance Workshop: Composting Operations

, Chris Ravenstein, Air Quality Inspector
II, October 11, 2011

. http://www. aqmd.gov/comply/Training_Info/Workshop_Composting_1133.html

11. Rule 4566 Organic Material Composting Operations (Adopted August 18, 2011)

12. San Joaquin Valley Unified Air Pollution Control District Final Staff Report, Re vised Proposed New Rule 4566 (Organic Material Composting Operations), August 18, 2011

. 13. State of California, Title 14 CCR , Natural Resources

-- Division 7, Chapter 3.1. Composting Operations Regulatory Requirements