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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 Management District Amended Rule 1133.1 (Chipping and Grinding

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

Prepared by: Nancy Levin

April 26, 2012
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South Coast Air Quality Management District Amended Rule 1133.1 (Chipping and Grinding) 

and Rule 1133.3 (Greenwaste Composting)

Regulation Adoption and Submittal Chronology 

Date Action

January 10, 2003 South Coast Air Quality Management District (SCAQMD) adopts 

Proposed Rules 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 submitted 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 

regulations 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 Amendments 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/resources/policies/civil/caa/stationary/review-enfrpt.pdf.
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enforceability includes the “Bluebook” and the “Little Bluebook.

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” 

Anti-Backsliding: We evaluate a SIP revision to determine whether it would interfere with any 

applicable requirement concerning attainment and reasonable further progress (RFP) or any other 

applicable requirement of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIPapproved control requirement in effect before November 15, 1990 (CAA §193).

Stringency: CAA Section 182(b)(2) directs ozone nonattainment 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 12674 (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

Rule 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 operations, 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 Code of Regulations. The SCAQMD is not quantifying 

emission reduction for the rule.

The proposed changes are as follows:

Explicitly includes stockpile operations. 

Applies to operations that produce materials other 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 (The Little Bluebook), and “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” 

U.S. EPA, OAQPS, May 25, 1998 (The Bluebook).
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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

Exemptions: (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) (new) Biomass power generation 

facility or a facility processing material as a biomass fuel for a biomass power generation 

facility, provided biofuel material falls below specified temperature and moisture 

requirements; (c) (new) The operator of a landfill or biomass power generation facility 

exempt from record-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 determine compliance: Section (d) specifies the records that must be 

maintained 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 content.

Schedule for compliance: The 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 holidays, 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 

sections 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 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. 
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4. EPA bases our stringency evaluation on the following: 

1. There is no federal policy or guidance (e.g., EPA Control Techniques, Alternative 

Control Technology Guidelines, 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 amended 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 Revision 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 noncurbside and mixed greenwaste.

EPA Action

The submitted regulation is enforceable, strengthens the SIP, and meets CAA requirements for 

RACT. Therefore, EPA recommends approval of Amended Rule 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 operations 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 

operations. 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 phase of composting 
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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 

composting, backyard composting, and recreational facility 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 standards and schedules are clearly stated in Section (d). 

Rule 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 processing 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 guidelines for the development of source test protocols for VOC 

emissions from greenwaste composting operations and requires that testing be conducted 

using SCAQMD Method 25.3, an EPA-approved method.

While the 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 

compost 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.

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 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 of 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.

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Based on this information, we believe that Rule 1133.3 is clear 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 sections 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 

 

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

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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.
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more stringent than the requirements previously approved into the SIP.

Stringency: 

EPA believes, based on the information provided in the SCAQMD’s alternatives analysis, and 

the research cited to support 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 guidance (e.g., EPA Control Techniques, Alternative 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. There 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 18, 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 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 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, add 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 factor 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)

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. (see page III-2 of study report)

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

VOC emissions from composting that contains food material. 

4. Clarify why the control measure in the Modesto Study, which is 75%, is not used for this 

rule. (Staff Report, pages 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)
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EPA Action

The submitted regulation is enforceable, strengthens the SIP, and meets CAA requirements for 

RACT. Therefore, EPA recommends approval of Rule 1133.3.

References

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 of 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)” SJVUAPCD, 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, Revised 

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