UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

The EPA’s Notice of Proposed Rulemaking

for the

California State Implementation Plan

The EPA’s Evaluation of

Antelope Valley Air Quality Management District, 

8-Hour Reasonably Available Control Technology – State Implementation Plan Analysis 

(RACT SIP Analysis) - Adopted September 19, 2006

“2006 RACT SIP TSD”

Prepared by: James Shears and Stanley Tong

Reviewed by: Andrew Steckel

November 2016
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RULE IDENTIFICATION -

Agency: Antelope Valley Air Quality Management District (AVAQMD)

SIP Approved Version: There is no previous SIP approved AVAQMD RACT SIP for the 

1997 8-hour ozone standard.

Subject of this TSD: AVAQMD 8-Hour Reasonably Available Control Technology – State 

Implementation Plan Analysis (RACT SIP Analysis)

Adopted – September 19, 2006

Submitted – January 31, 2007

Completeness Finding: Complete by operation of law: July 31, 2007

BACKGROUND -

Volatile organic compounds (VOC) and nitrogen oxides (NOx) in the presence of sunlight can 

lead to the formation of ground-level ozone or “smog” which can result in significant impacts to 

human health and the environment. Section 182 of the Clean Air Act (CAA) requires areas that 

are classified as moderate or above for ozone nonattainment to implement reasonably 

available control technology (RACT) for specific types of sources. The Antelope Valley Air 

Quality Management District (AVAQMD) falls under this requirement as the District was 

classified as a moderate ozone nonattainment area for the 1997 8-hour national ambient air 

quality standard (“NAAQS”) at the time it adopted its RACT SIP and was subsequently 

reclassified as a severe1 ozone nonattainment area for the 1997 8-hour NAAQS for ozone (40 

CFR 81.305).

Under CAA § 182(b)(2) and (f), AVAQMD must, at a minimum, adopt RACT level controls for 

sources covered by a Control Techniques Guidelines (CTG) document and for any major 

stationary source of VOC or NOx. The EPA defines RACT as the “lowest emissions limitation 

that a particular source is capable of meeting by the application of control technology that is 

reasonably available considering technological and economic feasibility.” 44 FR 53761 

(September 17, 1979). A RACT analysis should, therefore, take into account the technological 

 

1 Effective June 15, 2004, EPA designated and classified the ‘‘Los Angeles and San Bernardino Counties 

(Western Mojave Desert)’’ area in California under the CAA as ‘‘Subpart 2/ Moderate’’ nonattainment for the 1997 

8-hour ozone NAAQS. See 69 FR 23858, at 23884 (April 30, 2004). On May 8, 2012 (77 FR 26950), the EPA 

granted the State of California’s request to reclassify the Western Mojave Desert ozone nonattainment area from 

“Moderate” to “Severe-15” for the 1997 8-hour ozone NAAQS. The Western Mojave Desert ozone nonattainment 

area includes the Antelope Valley AQMD and Mojave Desert AQMD. The EPA evaluated AVAQMD’s 2006 RACT 

SIP submittal as a moderate ozone nonattainment area since the District adopted its 2006 certification based on 

that classification. On March 13, 2014 AVAQMD provided additional information to supplement its 2006 RACT 

SIP, to address the EPA’s September 11, 2006 comments on the 2006 RACT SIP, and to address several CTGs 

that were issued between 2006 and 2008.

On October 23, 2015, AVAQMD submitted a RACT SIP analysis for the 2008 8-hour ozone NAAQS, based on its 

classification as a “severe” ozone nonattainment area. We are reviewing that submittal in a separate technical 

support document (TSD).
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and economic feasibility of controls, and may differ from source to source and location to 

location.

RACT applies to existing sources in nonattainment areas and differs from the more stringent 

lowest achievable emission rate (LAER) controls required for new and modified major sources 

in nonattainment areas. LAER is defined in 40 CFR 51.165(a)(1)(xiii) as “the most stringent 

emissions limitation which is contained in the implementation plan of any State for such class 

or category of source... or ... the most stringent emissions limit which is achieved in practice 

by such class or category of stationary sources.” See also CAA Section 171(3).

Unlike LAER, RACT allows for consideration of the economic impact of the controls. Therefore, 

if a certain type of emission control or emission limitation is determined to be too costly in light 

of the amount of emission reduction it achieves, that control might not be considered RACT. 

Also, as economic factors may vary within a State and between different States, a control 

technology or emission limitation approved as RACT in one location does not necessarily 

define RACT for another location. 

RACT also differs from Maximum Available Control Technology (MACT), which is the level of 

control required for sources of hazardous air pollutants (HAPs) in the National Emission 

Standards for Hazardous Air Pollutants (NESHAPs) set by the EPA. CAA Section 112(d)(3) 

requires that control requirements for a NESHAP shall not be less stringent than the emissions 

control that is achieved in practice by the best controlled similar source for new sources, and 

the average emission limitation achieved by the best performing 12 percent for existing 

sources (commonly known as the “MACT floor”). Accordingly, a NESHAP is generally 

expected to be as stringent as RACT. However, there are a few instances where this may not 

be true. These cases include situations where the NESHAP was promulgated a number of 

years ago and has not been updated, where the NESHAP has a higher applicability threshold 

(e.g., applies only to major sources of HAPs) or where it applies only to a limited number of 

compounds (e.g., only HAPs and not all VOCs). 

Section IV.G of the EPA’s final rule to implement the 1997 8-hour ozone NAAQS (70 FR 

71612, November 29, 2005) discusses RACT requirements. It states in part that where a 

RACT SIP is required, State SIPs implementing the 8-hour standard must assure that RACT is 

met, either through a certification that previously required RACT controls represent RACT for 

8-hour implementation purposes or through a new RACT determination. 70 FR 71612 at 

71655.

The preamble to the final rule further explains that “[m]any areas subject to the major source 

RACT requirement under the 8-hour ozone standard have previously addressed the RACT 

requirement with respect to the 1-hour ozone standard.... We believe that, in many cases, a 

new RACT determination under the 8-hour standard would result in the same or similar control 

technology as the initial RACT determination under the 1-hour standard because the 

fundamental control techniques, as described in the CTGs and ACTs, are still applicable.” 70 

FR 71612 at 71654.
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It also explains that “States and other interested parties should consider available information 

that may supplement the CTG and ACT documents. In cases where additional information is 

presented, for example, as part of notice-and-comment rulemaking on a RACT SIP submittal, 

States (and the EPA) would necessarily consider the additional data in reviewing what control 

obligation is consistent with RACT.... [T]he State should submit a certification as part of its SIP 

revision, with appropriate supporting information, such as consideration of new data, that these 

sources are already subject to SIP-approved requirements that still meet the RACT obligation.” 

70 FR at 71612 at 71655.

To help California and its local air districts with their RACT SIP certifications, on March 9, 

2006, EPA Region IX sent a letter to the California Air Resources Board (CARB) and local air 

districts discussing EPA Region IX’s understanding of what might constitute a minimally 

acceptable RACT SIP submittal. In that letter we reminded States that we believed they must 

consider new information that has become available and certify that a 1-hour RACT 

determination, even where controls were required, still represent an appropriate RACT level of 

control for the 8-hour ozone program. The letter offered the following suggestions to be 

included in a RACT SIP analysis and indicated that the more rigorous the analysis and 

aggressive the requirements, the more likely the EPA would be able to approve them:

• Describe efforts to identify all source categories within the District requiring RACT, 

including CTG sources (i.e., covered by an EPA Control Techniques Guidelines 

document) and major non-CTG sources.

• Submit negative declarations where there are no facilities (major or minor) within the 

District covered by a CTG.

• For all categories subject to RACT, list the state/local regulation that implements RACT. 

• Describe the basis for concluding that the regulations fulfill RACT. Documents useful in 

establishing RACT include CTGs, Alternative Control Technique guidance (ACTs), 

MACT standards, New Source Performance Standards (NSPS), California Suggested 

Control Measures (SCM) and RACT/Best Available Retrofit Control Technology 

(BARCT) determinations, regulations adopted in other Districts, and guidance and rules 

developed by other states and local agencies.

• Where a District relies on the California Air Pollution Control Officer Association’s 

(CAPCOA’s) September 2003, Potential All Feasible Measures (AFM) Report to help 

demonstrate RACT, the RACT SIP should certify that the local regulations are 

equivalent to AFM, justify the assumption that the AFM fulfilled RACT in 2003, and 

include a certification/demonstration that no additional controls have become more 

reasonably available since then.

Where public commenters submit specific information to a State about controls that are 

reasonably available in light of technological and economic feasibility, the State should 

consider such information in developing its RACT SIP. The EPA generally considers controls 
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that have been achieved in practice by a significant number of sources to be technologically 

and economically feasible.

SUBMITTAL SUMMARY –

The District adopted its RACT SIP certification for the 1997 ozone standard on September 19, 

2006 and the California Air Resources Board (CARB) submitted it to the EPA on January 31, 

2007. AVAQMD performed its RACT SIP analysis based on an ozone non-attainment 

classification of “moderate”2. This classification defines a major source as those facilities that 

emit or have the potential to emit at least 100 tons per year (tpy) of VOC or NOx. See CAA 

Sections 182(b)(2)(C), 182(f), and 302(j).

AVAQMD’s submittal included the following documents:

a. “8-Hour Reasonably Available Control Technology – State Implementation Plan 

Analysis (RACT SIP Analysis)”, dated August 2006 [hereinafter “2006 RACT SIP”].

b. Resolution 06-07, “A Resolution of the Governing Board of the Antelope Valley Air 

Quality Management District Making Findings, Certifying the Notice of Exemption, 

Adopting the 8-Hour Reasonably Available Control Technology – State Implementation 

Plan Analysis (RACT SIP Analysis) and Directing Staff Actions”, dated September 19, 

2006.

c. AVAQMD also separately provided a supplemental analysis titled, “8-Hour Ozone 

Reasonably Available Control Technology RACT State Implementation Plan (SIP) 

Analysis – Supplemental Analysis”, dated March 13, 2014, to address the EPA’s 

September 11, 2006 comments on the 2006 RACT SIP [hereinafter “2014 Supplemental 

Analysis”].

AVAQMD’s analysis included the following areas. Further discussion is provided below.

• Evaluation of AVAQMD Rules and Regulations

• Major non-CTG sources identified 

• Negative declarations

EPA EVALUATION –

The EPA evaluated the following elements of AVAQMD’s 2006 RACT SIP and its 2014 

Supplemental Analysis:

• Efforts to identify all source categories within the District requiring RACT

• Negative declarations where there are no facilities subject to a CTG

• The bases for concluding all local regulations fulfill RACT

 

2 2006 RACT SIP page 5.
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The following documents were also used to support our review:

• “Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard –

Phase 2” (70 FR 71612; November 29, 2005).

• “State Implementation Plans, General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990” (57 FR 13498; April 16, 1992).

• Enforceability - Section 110(a) of the CAA requires enforceable emission limitations and 

other control measures. Several EPA guidance documents are used to evaluate rule 

enforceability, including “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations,” EPA, May 25, 1988 (The Blue Book), and “Guidance Document for 

Correcting Common VOC & Other Rule Deficiencies,” EPA Region 9, August 21, 2001 

(the Little Bluebook).

• “State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for 

the Implementation of Title I of the Clean Air Act Amendments of 1990” (57 FR 55620, 

November 25, 1992) (“the NOx Supplement”).

• Memorandum from William T. Harnett to Regional Air Division Directors, (May 18, 2006), 

“RACT Qs & As – Reasonably Available Control Technology (RACT) Questions and 

Answers”.

• RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew Steckel) to CARB 

(Kurt Karperos) describing Region IX’s understanding of what constitutes a minimally 

acceptable RACT SIP.

• Letter dated April 4, 2006 from EPA Region IX (Andrew Steckel) to CARB (Kurt 

Karperos) listing the EPA’s current CTGs, ACTs, and other documents which may help 

to establish RACT.

• EPA’s CTGs and ACTs: https://www.epa.gov/ozone-pollution/control-techniquesguidelines-and-alternative-control-techniques-documents-reducing 

• CARB’s emissions inventory database 

http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php

• AVAQMD, CARB, and EPA Region IX databases of AVAQMD rules

AVAQMD: http://avaqmd.ca.gov/rule-book

CARB: http://www.arb.ca.gov/rldb/rldb.htm

EPA: http://www.epa.gov/approved-sips/approved-sips-region-9

The following summarizes AVAQMD actions to address RACT requirements and the EPA’s 

evaluation of those actions.

1. Efforts to identify all source categories within the District requiring RACT

AVAQMD action:

The August 2006 RACT SIP included the following documents:

• “Appendix A – RACT Evaluation Table” identified all source categories covered by a CTG 

document. For each source category, the table either referred to an AVAQMD rule which the 

District asserts implemented RACT, or indicated that there were no sources in the source 

category. 
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• “Table 1 – Major Source Table” identified all major sources, including those that are not 

covered by a CTG document. Since AVAQMD is classified as a moderate ozone nonattainment 

area, a major source in AVAQMD is defined as a source that emits or has the potential to emit 

at least 100 tons per year of VOC or NOx (CAA 182(b)(2), (f), and 302(j)). Table 1 (duplicated 

below) is AVAQMD’s listing of all facilities that have submitted applications for Title V Federal 

Operating Permits and the current relevant RACT guidance that applies to the source. 

AVAQMD’s Title V Federal Operating Permit Program - Rule 3001 defines “major facility” in the 

federal ozone nonattainment area as a facility which emits or has the potential to emit 25 tons 

per year or more of VOC or NOx emissions.3

The 2006 RACT SIP states that two facilities in Table 1, Antelope Valley Public Landfill and 

Lancaster Landfill and Recycling Center, are not major sources of ozone precursors. NorthrupGrumman and Lockheed Martin Skunk Works have a potential to emit (PTE) that exceeds the 

threshold for major sources of VOCs. AVAQMD states that Rule 1124, Aerospace Assembly 

and Component Manufacturing Operations applies to both facilities.

Table 1 - Major Source Table

Source FOP* Description Applicable RACT

Northrop-Grumman 10231816 Aerospace research,

development and

manufacturing

RACT applicable to control of VOC's from

aerospace coatings and cleaning solvents

use at existing aerospace manufacturing

and rework operations including contractors

and subcontractors - 1124 Aerospace

Assembly and Component Manufacturing

Operations

Lockheed Martin

Skunk Works

9701754 Aerospace research,

development and

manufacturing

RACT applicable to control of VOC's from

aerospace coatings and cleaning solvents

use at existing aerospace manufacturing

and rework operations including contractors

and subcontractors - 1124 Aerospace

Assembly and Component Manufacturing

Operations

Antelope Valley

Public Landfill

121002106 Municipal solid waste

disposal

Not a major source of ozone precursors

Lancaster Landfill &

Recycling Center

122802129 Municipal solid waste

disposal

Not a major source of ozone precursors

*FOP = Federal Operating Permit

EPA evaluation:

For the CTG source categories, we reviewed AVAQMD’s 2006 RACT SIP, Appendix A, listing 

of CTGs and the District rules implementing those CTGs. Specifically, for each CTG source 

category, AVAQMD identified whether it had a District rule covering the CTG4, the District’s 

 

3 See Regulation XXX, Rule 3001, Definitions (4/19/05), paragraph (S) “Major Facility” at 

http://avaqmd.ca.gov/rule-book. 

4 Although AVAQMD’s September 2006 Final Staff Report Executive Summary (pg. 1) incorrectly describes the 

CAA RACT requirements to apply to “major” CTG sources, AVAQMD did use the correct criteria to identify all 

sources and source categories that are subject to the RACT Analysis (see p.9 of the August 2006 RACT SIP 

Analysis).
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conclusion whether the rule met RACT, and any proposed action such as adopting a negative 

declaration or updating the rule to meet current RACT. Our September 11, 2006 comment letter 

listed seven rules that required additional discussion on how they satisfied RACT and listed 

eight other rules that may need to be submitted for SIP approval if they were required to 

implement RACT. AVAQMD’s 2014 Supplemental Analysis addresses our comments on these 

rules. Our evaluation of AVAQMD’s responses is provided in section 4 below.

For major stationary sources of VOCs or NOx, we reviewed CARB’s emissions inventory 

database to determine if there were any major sources potentially missing from Table 1 of 

AVAQMD’s 2006 RACT SIP analysis. CARB’s emissions inventory for 2006 indicates the 

largest VOC source was Lockheed Martin at 19.8 tpy and the largest NOx source was Granite 

Construction at 57.2 tpy5, both well below the 100 tpy major source threshold for moderate 

ozone nonattainment areas. 

AVAQMD indicated that approximately 95% of the VOC PTE emissions6 at Northrup-Grumman 

and Lockheed Martin Skunk Works are covered under Rule 1124, Aerospace and Component 

Manufacturing Operations (8/20/13), which was approved into the SIP on October 5, 2015 (80 

FR 60040).

CARB’s 2006 emissions inventory also indicates both Antelope Valley Public Landfill (3.3 tpy) 

and Lancaster Landfill (2.7 tpy) have actual reactive organic compounds emissions well below 

the major source threshold.

Aside from the sources already identified in AVAQMD’s Table 1, there do not appear to be any 

other major non-CTG sources. Based on Table 1 and Appendix A, we propose to conclude that 

AVAQMD properly identified all major non-CTG sources requiring RACT, and identified all CTG 

source categories which require RACT. 

2. Submit negative declarations where there are no facilities subject to a CTG

In lieu of adopting RACT rules, Districts may adopt negative declarations for CTG source 

categories if there are no sources in the District covered by the CTG. A negative declaration is 

not required for ACTs or for other non-CTG source categories. 

On January 31, 2007, AVAQMD submitted negative declarations for 14 CTG categories7 and

on January 7, 2011, it submitted negative declarations for 3 additional CTG categories. The 

EPA approved AVAQMD’s negative declaration submittals on July 1, 2011 (76 FR 38572).

 

5 2006 CARB emissions inventory for Antelope Valley AQMD and email from V. Rausch (AV) to S. Tong (EPA)

Re: Request for 2 AV permits, dated July, 5, 2016.

6 Email from T. Walters (AV) to J. Shears (EPA) Re: AV RACT SIP more questions, dated April 19, 2016.

7 Antelope Valley submitted 51 negative declarations. EPA determined, however, that only 14 of these were 

actually CTG categories that required a negative declaration, and that the remainder were for ACTs or other 

documents that do not require the adoption or submittal of a negative declaration. See EPA’s September 11, 2006 
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Table 1 – AVAQMD Negative Declarations

CTG Source Category CTG Reference Document

Large Appliances, Surface 

Coatings

EPA-450/2-77-034, Control of Volatile Organic Emissions from 

Existing Stationary Sources – Volume V: Surface Coating of Large 

Appliances

Wood Furniture Surface Coating EPA-453/R-96-007, Control of VOC Emissions from Wood Furniture 

Manufacturing Operations

Gasoline Bulk Plants EPA-450/2-77-035, Control of Volatile Organic Emissions from Bulk 

Gasoline Plants

Equipment Leaks from Natural 

Gas/Gasoline Processing Plants 

EPA-450/2-83-007, Control of Volatile Organic Compound Equipment 

Leaks from Natural Gas/Gasoline Processing Plants

Leaks from Petroleum Refinery 

Equipment

EPA-450/2-78-036, Control of Volatile Organic Compound Leaks from 

Petroleum Refinery Equipment

Air Oxidation Processes 

(SOCMI)

EPA-450/3-84-015, Control of Volatile Organic Compound Emissions 

from Air Oxidation Process in Synthetic Organic Chemical 

Manufacturing Industry (SOCMI)

Reactor and Distillation 

Processes (SOCMI)

EPA-450/4-91-031, Control of Volatile Organic Compound Emissions 

from Reactor Process and Distillation Operations in SOCMI

Tank Truck Gasoline Loading 

Terminals>76,000 L

EPA-450/2-77-026, Control of Hydrocarbons from Tank Truck Gasoline 

Loading Terminals

Manufacture of Synthesized 

Pharmaceutical Products

EPA-450/2-78-029, Control of Volatile Organic Emissions from 

Manufacture of Synthesized Pharmaceutical Products

Manufacture of Pneumatic 

Rubber Tires

EPA-450/2-78-030, Control of Volatile Organic Emissions from 

Manufacture of Pneumatic Rubber Tires

Manufacture of High-Density 

Polyethylene, Polypropylene, 

and Polystyrene Resins

EPA-450/3-83-008, Control of Volatile Organic Compound Emissions 

from Manufacture of High-Density Polyethylene, Polypropylene, and 

Polystyrene Resins

Equipment used in Synthetic 

Organic Chemical Polymers and 

Resin Manufacturing 

EPA-450/3-83-006, Control of Volatile Organic Compound Leaks from 

Synthetic Organic Chemical Polymer and Resin Manufacturing 

Equipment

Refinery Vacuum Producing 

Systems, Wastewater 

Separators, and Process Unit 

Turnarounds

EPA-450/2-77-025, Control of Refinery Vacuum Producing Systems, 

Wastewater Separators, and Process Unit Turnarounds

Magnet Wire Coating EPA-450/2-77-033, Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume IV: Surface Coating of Insulation of 

Magnet Wire

Ship Repair Operations* 61 FR 44050 and EPA-453/R-94-032

Control Techniques Guidelines for Shipbuilding and Ship Repair 

Operations (Surface Coating)

Storage of Petroleum Liquids in 

Fixed Roof Tanks*

EPA-450/2-77-036, Control of Volatile Organic Emissions from Storage 

of Petroleum Liquids in Fixed-Roof Tanks

Petroleum Liquid Storage in 

External Floating Roof Tanks*

EPA-450/2-78-047, Control of Volatile Organic Emissions from 

Petroleum Liquid Storage in External Floating Roof Tanks

*These negative declarations were submitted on 1/7/2011.

 

comment letter Re: 8-hour Ozone Reasonably Available Control Technology - State Implementation Plan (RACT 

SIP) Analysis, dated August 2006 for additional details.
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On February 17, 2004, AVAQMD rescinded Rule 1125, Metal Container, Closure, and Coil 

Coating Operations.

8 AVAQMD should adopt an updated negative declaration for the can 

coating portion of the CTG for Control of Volatile Organic Emissions from Existing Stationary 

Sources - Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and LightDuty Trucks (EPA-450/2-77-008).

3. List the State/local regulations that implement RACT and 

4. Describe the basis for concluding that all regulations fulfill RACT

Rules needing further clarification that they still represent RACT if needed for RACT

AVAQMD action:

AVAQMD’s 2006 RACT SIP Appendix A lists CTGs and non-CTG source categories and 

matches those categories with corresponding District rules which implement RACT. The District 

generally concluded that the majority of its rules, with the exception of three rules (Rule 1124 –

Aerospace Assembly and Component Manufacturing Operations; Rule 1110 Emissions from 

Stationary Internal Combustion Engines (demonstration); and Rule 1110.2 Emissions from 

Stationary Internal Combustion Engines) met RACT and required no further action.9

EPA evaluation:

• Rule 1124, Aerospace Assembly and Component Manufacturing Operations (12/13/96): 

AVAQMD concluded Rule 1124 needed amending to implement RACT.

o Complete – EPA approved Rule 1124 (8/20/13) into the SIP on October 5, 2015 (80 

FR 60040).

• Rule 1110, Emissions from Stationary Internal Combustion Engines (Demonstration) 

(11/6/81): AVAQMD concluded Rule 1110 no longer applies due to termination of the 

South Coast Air Quality Management District (SCAQMD) demonstration program and 

AVAQMD had no demonstration engines. AVAQMD rescinded Rule 1110 on January 15, 

2013.

o Complete – EPA approved the rescission on October 5, 2015 (80 FR 60040).

• Rule 1110.2, Emissions from Stationary, Non-road & Portable Internal Combustion 

Engines (1/21/03): AVAQMD concluded Rule 1110.2 needs to be updated to meet 

current RACT by removing the agricultural exemption and addressing other EPA 

comments identified in EPA’s proposed limited approval/limited disapproval (69 FR 

21482, April 21, 2004).

o Incomplete –Rule 1110.2 (01/21/03) was submitted to the EPA on 04/01/03. On 

4/21/04, the EPA proposed a limited approval/disapproval but did not finalize the 

action. The District’s 2014 Supplemental Analysis states the District will update the 

rule and/or adopt a separate agriculture internal combustion engine rule.

 

8 EPA approved this rescission on September 21, 2004 (69 FR 56355).

9 2006 RACT SIP, Chapter 3, pg. 16-17. 
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Rules needing further clarification that they still represent RACT if needed for RACT

EPA’s September 11, 2006 comment letter10 on AVAQMD’s 2006 RACT SIP requested 

additional analysis on several rules to support the District’s conclusion that the rules met RACT. 

AVAQMD responded that at the time the rules were originally approved into the SIP by the 

EPA, the rules were determined to be “Beyond RACT.”11 Consequently, AVAQMD stated that 

no further evaluation was deemed necessary. 

While the rules may have satisfied RACT at the time of EPA’s approval, RACT can change over 

time. EPA’s Phase II 8-hour ozone implementation rule requires states to “...ensure that their 

SIPs accurately reflect RACT based on the current availability of technically and economically 

feasible controls.” (70 FR 71612, 71655, November 29, 2005).

AVAQMD’s 2014 Supplemental Analysis and our evaluation of how it addresses the rules in 

question is provided below.

• Rule 461, Gasoline Transfer and Dispensing (9/8/95): AVAQMD concluded Rule 461 

needed amending to implement RACT.

o Complete - EPA approved Rule 461 (10/21/08) into the SIP on January 31, 2011 (76 

FR 5277).

• Rule 462, Organic Liquid Loading (6/9/95): Rule number was omitted from page A-34 of 

the 2006 RACT SIP. AVAQMD concluded Rule 462 needed amending to address RACT 

deficiencies identified in EPA’s Proposed Rule: limited approval/disapproval (62 FR 

26460, May 14, 1997).

12

o Incomplete - Rule not yet amended to address proposed limited 

approval/disapproval.

• Rule 463, Organic Liquid Storage (3/11/94): Rule number was omitted from page A-34 of

the 2006 RACT SIP. AVAQMD’s 2014 Supplemental Analysis concluded Rule 463 

needed amending to address RACT and that this rule was incorrectly designated as a 

negative declaration.

o Complete - Subsequent discussions with AVAQMD revealed that although the District 

has petroleum storage tanks, the tanks are below the CTG’s applicability threshold.13

On January 7, 2011, AVAQMD submitted negative declarations for floating and fixed 

roof petroleum storage tanks and EPA approved them into the SIP on 76 FR 38572

 

10 See Table 1 in letter dated September 11, 2006, from Andrew Steckel (USEPA) to Alan De Salvio (AVAQMD),

RE: “8-hour Ozone Reasonably Available Control Technology – State Implementation Plan (RACT SIP) Analysis, 

dated August 2006.

11 See RACT SIP Analysis Final Staff Report dated 10/18/06, pg. C-11.

12 Antelope Valley was formed from South Coast AQMD in July 1997. We proposed a limited 

approval/disapproval of SCAQMD Rule 462 on May 14, 1997, prior to the separation of AVAQMD from SCAQMD. 

Our final rulemaking action on Rule 462 was published on November 13, 1997 (62 FR 60784), after Antelope 

Valley separated from SCAQMD and stated the final action was for SCAQMD and excluded Antelope Valley. 

13 Email from T. Walters (AV) to S. Tong (EPA) Re: AV RACT SIP Rule 463, dated June, 29, 2016.
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(7/1/11). AVAQMD’s RACT SIP submittal for the 2008 8-hour ozone standard14 also 

clarifies that this category should be a negative declaration.

• Rule 1102, Petroleum Solvent Dry Cleaners (12/7/90): AVAQMD’s 2014 Supplemental 

Analysis states this rule should be updated if it is determined to be cost effective to 

incorporate provisions that apply to all machines besides those using perchloroethylene 

(PERC).

o Update – AVAQMD’s subsequent analysis for the 2008 8-hour ozone RACT SIP 

indicates it currently has no sources subject to the CTG. Its largest source is 

permitted to purchase 82 gallons annually which is well below the CTG’s 32,483 

gallon applicability threshold.15 This category should be a negative declaration.

o Action – Adopt negative declaration for EPA-450/3-82-009, Control of Volatile 

Organic Compound Emissions from Large Petroleum Dry Cleaners.

• Rule 1104, Wood Flat Stock Coating Operations (3/1/91)16: AVAQMD’s 2014 

Supplemental Analysis states this rule should be updated to reduce the VOC content of 

wood flat stock inks and wood flat stock coatings for exterior wood siding.

o Update – AVAQMD’s subsequent analysis for the 2008 8-hour ozone RACT SIP 

indicates there are currently no sources meeting the CTG threshold of 15 lb/day.

17

This category should be a negative declaration.

o Action – Adopt negative declaration for EPA-450/2-78-032, Control of Volatile 

Organic Emissions from Existing Stationary Sources – Volume VII: Factory Surface 

Coating of Flat Wood Paneling.

• Rule 1108, Cutback Asphalt: EPA suggested AVAQMD consider limiting the use of 

cutback asphalt to the fall and winter months similar to regulations adopted by several 

Great Lakes States. EPA also stated that SCAQMD was evaluating the potential for 

limiting cutback asphalt or replacing it altogether with emulsion technology. 

o Complete – SCAQMD concluded slow cure cutback asphalts do not emit as much 

VOC as suitable replacement emulsions and recommended no changes to its rule.18

AVAQMD accepted SCAQMD’s analysis and concluded Rule 1108 would not be 

amended. We concur with SCAQMD and AVAQMD’s evaluations.

• Rule 1146, Emissions of Oxides of Nitrogen from Industrial, Institutional, and 

Commercial Boilers, Steam Generators, and Process Heaters: AVAQMD’s 2014 

 

14 Submittal for SIP approval on October 23, 2015.

15 2015 RACT SIP, pg A-5.

16 AVAQMD 2006 RACT SIP pg A-13, lists 8/2/91 as the amended date, and was SIP approved 6/23/94 (59 FR 

23255), 40 CFR 52.220(c)(186)(i)(C). The citation in 40 CFR 52.220 is for SC 1104 (3/1/91) and not for the 8/2/91 

amendments.

17 2015 RACT SIP, pg A-6.

18 Technical Assessment for Rule 1108 – Cutback Asphalt, South Coast Air Quality Management District, June 

2008.
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Supplemental Analysis states it will survey affected units for applicability and determine if 

it is feasible to update limits as RACT.

o Complete - A review of CARB’s emissions inventory for 2006 indicates the largest 

NOx source in the District was 57.2 tpy,19 well below the 100 tpy threshold for major 

stationary sources in moderate ozone nonattainment areas. RACT is required for

stationary sources that are subject to a CTG and for major non-CTG sources. CTGs 

cover stationary sources of VOC and EPA has not issued any CTGs covering NOx 

sources. Since AVAQMD has no stationary sources of NOx that emit or have the 

potential to emit at least 100 tpy, this source category is not subject to RACT. No 

further action is required at this time for RACT.

• Rule 1146.1, Emissions of Oxides of Nitrogen from Small Industrial, Institutional and 

Commercial Boilers, Steam Generators, and Process Heaters: AVAQMD’s 2014 

Supplemental Analysis and its 2015 RACT SIP for the 2008 8-hour ozone standard 

states Rule 1146.1’s NOx limits are consistent with current RACT limits in San Joaquin 

Valley Unified Air Pollution Control District (SJVUAPCD) Rule 4307 as well as SCAQMD 

Rule 1146.1. It further states that the SJVUAPCD and SCAQMD rules, as well as the 

TSD for the SCAQMD September 5, 2008 amendment of Rule 1146.1 will be used for 

updating requirements during the next rule update. The District concludes that no action 

required at this time for RACT.

o Complete - A review of CARB’s emissions inventory for 2006 indicates the largest 

NOx source in the District was 57.2 tpy, well below the 100 tpy threshold for major 

stationary sources in moderate ozone nonattainment areas. No further action is 

required at this time for RACT.

Rules that should be submitted for SIP approval if needed for RACT

The EPA also checked whether the rules relied upon by the AVAQMD for their RACT SIP 

analysis were actually SIP-approved and whether more recent versions of those rules had been 

adopted by the District but not yet submitted for SIP approval. This was done by cross matching 

EPA Region IX’s database of SIP-approved rules against CARB’s and AVAQMD’S rules log 

databases. Table 2 of EPA’s September 11, 2006 comment letter listed eight rules (Rules 

1110.2, 1128, 1130, 1134, 1141.1, 1145, 1168, and 1176) that AVAQMD relied upon in its

RACT SIP, but had not been submitted for SIP approval.

AVAQMD’s 2006 RACT SIP (pgs. C-11 to C-13) states that several of the above rules were 

adopted or amended by SCAQMD prior to July 1, 1997 when the Antelope Valley Air Pollution 

Control District (AVAPCD) was formed, but were not submitted as a SIP revision, or not 

approved into the SIP by EPA until after the creation of AVAPCD (now AVAQMD). AVAQMD 

further states that EPA had not provided guidance regarding rules that were adopted or 

 

19 Granite Construction has a permit condition limiting NOx from its stationary sources to 16.95 tpy. The 

operating permit does not regulate NOx from mobile sources on the facility. Antelope Valley Recycling and 

Disposal Company’s operating permit limits NOx emissions to 65 pounds per day (11.9 tpy). The permit also limits 

the internal combustion engine powering a fire pump to operating less than 200 hours per year and can only burn 

propane fuel, See email from V. Rausch (AV) to S. Tong (EPA) Re: Request for 2 AV permits, dated July, 5, 

2016.
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amended by SCAQMD prior to July 1, 1997, but submitted after the statutory creation of the 

AVAPCD, and that EPA's subsequent approval of at least several of these rules as submitted 

by the SCAQMD should have extended to areas under AVAQMD's jurisdiction. AVAQMD 

further states that in some cases it “does not have or maintain any records regarding the 

amendment and does not have access to such documentation and therefore cannot submit the

rule as a SIP revision.”20

The EPA does not have sufficient documentation to support these assertions. Nonetheless, 

shortly after the creation of the AVAPCD on July 1, 1997, the District submitted a letter to the 

EPA confirming that the AVAPCD had assumed implementation authorities for SIP provisions 

submitted by the SCAQMD and approved by the EPA prior to July 1, 1997, but requesting that 

the EPA not treat pending and subsequent SIP submittals from SCAQMD as applicable to the 

Antelope Valley area. Specifically, the letter requests among other things, that the EPA: (1) 

“[i]nclude specific notation in any currently pending SIP revisions submitted prior to July 1, 1997 

by SCAQMD that such revisions, if approved, do not apply to the Antelope Valley area or 

AVAPCD” and (2) "[e]nsure that SIP submittals by SCAQMD after July 1, 1997 are specifically 

considered by USEPA to exclude the Antelope Valley area and AVAPCD.”21 Thus, it appears 

that any action by the EPA after July 1, 1997 on a SIP rule submitted by the SCAQMD (whether 

submitted before or after the creation of the AVAPCD) did not apply to the Antelope Valley 

area. 

At least five of the eight rules that the EPA identified above appear to have been adopted by 

SCAQMD prior to the creation of AVAQMD but approved by the EPA after July 1, 1997. See, 

e.g., 64 FR 23774 (May 4, 1999) (fully approving Rules 1128, 1130, 1141.1, and 1145) and 67 

FR 62376 (October 7, 2002) (fully approving Rule 1176). Consequently, the EPA understands 

that these five rules were approved into the SCAQMD portion but not the AVAQMD portion of 

the California SIP. 

Four of the eight rules (Rule 1128, 1130, 1134 and 1168) were subsequently submitted by the 

AVAQMD to the EPA, and approved into the SIP.22 

The status and evaluation of the remaining four rules are as follows:

• Rule 1110.2 Emissions from Stationary, Non-road & Portable Internal Combustion 

Engines (1/21/03) – see above.

AVAQMD concluded Rule 1110.2 needs to be updated to meet current RACT.

o Incomplete – See earlier discussion in this section on Rule 1110.2 for additional

details.

 

20 2006 RACT SIP pgs C12- C13.

21 Letter from Charles Fryxell, Air Pollution Control Officer, AVAPCD, to Felicia Marcus, Regional Administrator, 

EPA Region IX, Re: Antelope Valley APCD Applicable SIP, dated September 22, 1997.

22 Rule 1128 was rescinded on 11/19/13 and its requirements incorporated into Rule 1130. Rule 1130 (11/19/13) 

was SIP approved on 10/5/15 (80 FR 60040); Rule 1134 (1/19/10) was SIP approved on 1/18/12 (77 FR 2469) 

and Rule 1168 (9/20/11) was SIP approved on 9/20/12 (77 FR 58313).
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• Rule 1141.1 Coatings and Ink Manufacturing (3/6/92): AVAQMD’s 2014 Supplemental 

Analysis states this rule will be updated to address deficiencies noted in the RACT rule 

analysis of SCAQMD Rule 1141.1 or the District will file a negative declaration.

o Complete – This is not a CTG category. We reviewed CARB’s 2006 emissions 

inventory and did not identify any major sources emitting at least 100 tpy of VOC in 

AVAQMD. The largest AVAQMD VOC source emitted less than 20 tpy actual 

emissions and is not engaged in the manufacturing of coatings or inks. No further 

action required for RACT.

• Rule 1145 Plastic, Rubber, and Glass Manufacturing (2/14/97): AVAQMD’s 2014 

Supplemental Analysis states the rule will be updated to address deficiencies noted in 

the RACT rule analysis of SCAQMD Rule 1145. AVAQMD also lists as an applicable 

CTG, EPA’s 2008 Miscellaneous Metal and Plastic Parts Coatings CTG (EPA-453/R-08-

003).

o Complete – the 2008 CTG is not a required RACT element for the 1997 8-hour ozone 

standard. As stated above, AVAQMD does not appear to have any major VOC 

sources in this category.

• Rule 1176 VOC Emissions from Wastewater Systems (5/13/94): AVAQMD’s 2014 

Supplemental Analysis states it does not have any sources applicable to this rule and 

will file a negative declaration.

o Complete – EPA’s Control of Refinery Vacuum Producing Systems, Wastewater 

Separators, and Process Unit Turnarounds (EPA-450/2-77-025) applies to controlling 

VOC emissions from petroleum refinery processes. AVAQMD does not have any 

refineries and does not have major sources of VOC, so this rule is not subject to 

RACT. AVAQMD already adopted a negative declaration for refinery wastewater 

separators in its 2006 RACT SIP.

Public Comments -

AVAQMD published a public hearing notice on August 19, 2006, and held the public hearing on 

September 19, 2006. The only comments received were those submitted by the EPA, and 

AVAQMD’s response to comments are found in pgs. C-11 to C-13 of the AVAQMD September 

2006 Final Staff Report Appendix C, and p. C-11 of the AVAQMD Federal Negative Declaration 

for 51 Source Categories Final Staff Report, 10/18/06.

Summary and Required Actions -

Based on our review, AVAQMD’s 2006 RACT SIP does not fully meet the CAA RACT 

requirements for the following reasons:

a. Rule 1110.2 Emissions from Stationary, Non-road & Portable Internal Combustion Engines 

(1/21/03) was submitted to the EPA on 04/01/03. Rule 1110.2 needs to be updated to meet 

current RACT by removing the agricultural exemption and addressing other EPA comments 

identified in our proposed limited approval/disapproval or adopt a separate rule to regulate NOx

emissions from agricultural engines (69 FR 21482, April 21, 2004).
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b. Rule 462 Organic Liquid Loading (6/9/95) needs to be updated to address our proposed 

limited approval/disapproval pertaining to the definition of “facility vapor leak” (62 FR 26460, 

May 14, 1997).

c. Adopt negative declarations for:

1. EPA-450/3-82-009, Control of Volatile Organic Compound Emissions from Large 

Petroleum Dry Cleaners.

2. EPA-450/2-78-032, Control of Volatile Organic Emissions from Existing Stationary Sources 

– Volume VII: Factory Surface Coating of Flat Wood Paneling.

3. EPA-450/2-77-008, Control of Volatile Organic Emissions from Existing Stationary Sources 

– Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty 

Trucks - adopt negative declaration for can coating portion of this CTG.

Final disapproval will result in offset and highway sanctions unless EPA approves a SIP 

revision amending the above rules as fulfilling RACT within 18 months of the effective date of 

the disapproval. See CAA section 179(b) and 40 CFR 52.31. We will not finalize this partial

disapproval, however, if we receive and fully approve these rules fulfilling RACT before 

finalizing action on the 2006 RACT SIP. EPA is committed to working with CARB and the 

District to resolve these RACT deficiencies, and we encourage the State and District to submit 

a SIP revision correcting the identified deficiencies as expeditiously as practicable. A revised 

2006 RACT SIP demonstration will not be necessary if the submitted amended rules correct the 

identified deficiencies. 

In addition, CAA section 110(c)(1) provides that EPA must promulgate a Federal 

Implementation Plan (FIP) within two years after finding that a State has failed to make a 

required submission or disapproving a SIP submission in whole or in part, unless EPA approves 

a SIP revision correcting the deficiencies within that two-year period.

REFERENCES -

1. AVAQMD “8-Hour Reasonably Available Control Technology – State Implementation 

Plan Analysis (RACT SIP Analysis)”, dated August 2006.

2. AVAQMD “8-Hour Ozone Reasonably Available Control Technology (RACT) State 

Implementation Plan (SIP) Analysis – Supplemental Analysis”, dated March 13, 2014.

3. AVAQMD “8-Hour Reasonably Available Control Technology – State Implementation 

Plan Analysis (2015 RACT SIP Analysis)”, adopted July 21, 2015.

4. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew Steckel) to CARB 

(Kurt Karperos) describing Region IX’s understanding of what constituted a minimally 

acceptable RACT SIP.
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5. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew Steckel) to CARB 

(Kurt Karperos) listing EPA’s current CTGs, ACTs, and other documents which may 

help to establish RACT.

6. RACT Qs & As – Reasonably Available Control Technology (RACT): Questions and 

Answers, May 18, 2006 Note from William T. Harnett, Director, Air Quality Policy 

Division, to Regional Air Division Directors. 

http://www3.epa.gov/ttn/caaa/t1/memoranda/ractqanda.pdf

7. “Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard –

Phase 2” (70 FR 71612; November 29, 2005).

8. “Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State 

Implementation Plan Requirements’’ (80 FR 12264; March 6, 2015).

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

Bluebook) EPA OAQPS, May 25, 1988

http://archive.epa.gov/ttn/ozone/web/pdf/voc_bluebook.pdf

10. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a.,

Little Bluebook), EPA Region 9, August 21, 2001 

http://www.arb.ca.gov/drdb/lbb2001.pdf

11. “State Implementation Plans, General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990” (57 FR 13498; April 16, 1992).

12. “State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for 

the Implementation of Title I of the Clean Air Act Amendments of 1990” (57 FR 55620, 

November 25, 1992) (“the NOx Supplement”).

13. EPA’s CTGs and ACTs https://www.epa.gov/ozone-pollution/control-techniquesguidelines-and-alternative-control-techniques-documents-reducing

14. CARB’s emissions inventory database 

http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php

15. AVAQMD, CARB, and EPA Region IX databases of AVAQMD rules

AVAQMD: http://avaqmd.ca.gov/rule-book

CARB: http://www.arb.ca.gov/rldb/rldb.htm

EPA: http://www.epa.gov/approved-sips/approved-sips-region-9

16. September 11, 2006 letter from Andrew Steckel (USEPA) to Alan De Salvio (AVAQMD), 

RE: “8-hour Ozone Reasonably Available Control Technology – State Implementation 

Plan (RACT SIP) Analysis, dated August 2006.
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17. Email from V. Rausch (AV) to S. Tong (EPA) Re: Request for 2 AV permits, dated July, 

5, 2016.

18. Email from T. Walters (AV) to J. Shears (EPA) Re: AV RACT SIP more questions, dated 

April 19, 2016.

19. Email from T. Walters (AV) to S. Tong (EPA) Re: AV RACT SIP Rule 463, dated June, 

29, 2016.

20. Technical Assessment for Rule 1108 – Cutback Asphalt, South Coast Air Quality 

Management District, June 2008.

21. Letter from Charles Fryxell, Air Pollution Control Officer, AVAPCD, to Felicia Marcus, 

Regional Administrator, EPA Region IX, Re: Antelope Valley APCD Applicable SIP, 

dated September 22, 1997.