United States Environmental Protection Agency Region IX Air Division

Technical Support Document

f or EPA’s Rulemaking

for t he

San Luis Obispo County Air Pollution Control District

Rule 222 , Emission Statement

Prepared by: Arnold Lazarus

Reviewed by: Andrew Steckel

March 2015- 2

-

AGENCY: San Luis Obispo County Air Pollution Control District (SLOCAPCD)

SIP Approved Rule: Not Applicable

Superseded Submittals: None

Subject of this TSD: Rule 222 , Emission Statement

Amended

– August 10, 2010

Submitted

– November 6, 2014

BACKGROUND Federal Clean Air Act (CAA) Section 182(a)(3)(B)(i) requires ozone nonattainment areas (regardless of classification) to require certified emission

statement data from sources of volatile organic compounds (VOC) and oxides of nitrogen (NOx). Emission statements should be submitted by November 15, 1993 and annually thereafter. CAA Section 182(a)(3)(B)(ii) allows states to waive the requirement for emission statement s for classes or categories of sources with less than 25 tons per year ( t py ) of actual plant

- wide NOx or VOC emissions if the State provides an inventory of emissions from the class or category based on the use of emission factors established by EPA or other methods acceptable to EPA. Emission Statements are intended to help the state report and analyze ambient

air emissions. The CAA also requires states to periodically compile and report a comprehensive, accurate and current inventory of all air contaminant sources.

RULE SUMMARY

Rule 222 requires the owner or operator of any stationary source permitted by the District with actual or potential emissions over 25 tpy to provide an annual statement of actual emissions or operational data so that the District can calculate emissions. The emission statement must be in a format specified by

the Air Pollution C ontrol Officer (APCO) and must include the following information: operational data necessary to compute actual emissions for the prior calendar year, information regarding diurnal or seasonal peaks in emissions, and certification by a responsible official that the statement is accurate. Failure to submit may result in the suspension of the source’s permit(s).

EPA EVALUATION The following criteria were used to evaluate the submitted rule:

1. CAA Requirements: Section 182 (a)( 3)(B) and EPA’s draft “Guidance on the Implementation of an Emission Statement Program,” July 1992.2. 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 CAA Section 110(a)(2)(A) requirement for enforceability.

The submitted rule complies wi th the requirements found in CAA Section 182(a)(3)(B). The rule will have no direct effect on air pollution emissions although it may help improve compliance and enforceability of emission control requirements in other SLOCAPCD rules.

The rule requires th at the emission statements contain all of the information found

in the District’s Renewal Information Request . The CAA does not provide formatting requirements or specify timing beyond that reports must be submitted annually, and deference is given to the State to assure that all information needed to meet Federal reporting requirements is requested. To ensure consistency and accuracy of reporting, however, we recommend further details be included within

the rule as described in “Additional Recommendations for the Next Rule Revision ”

below

.

The rule requirements are clear and enforceable consistent with CAA Section 110(a)(2)(A).

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION The following revisions are not currently the basis for rule disapproval, but are recommended as improvements the next time the rule is revised.

1. To ensure clarity, please include a “ D efinition” section or a

reference for definitions for terms used in Rule 222.

2. To ensure clarity and consistency in how emission estimates are generated, w e recommend that future revisions to the rule include a

list of minimum data element s require d in emission statements as
described in section 2.26, 2.27, and 2.28 of the guidance document “Guidance on the Implementation of an Emission Statement Program,” July 1992

.

EPA ACTION

EPA staff recommends approval of SLOCAPCD Rule 222, Emission Statement under section 110(k) as m eeting the requirements of section 110(a) and Part D of the Clean Air Act, as amended in 1990.

REFERENCES1. “ Issues Relating to VOC Regulation, Cutpoints, Deficiencies, and
Deviations (the “Blue Book”

, U.S. EPA, OAQPS, May 25, 1988.

2. EPA’s draft “Guidanc e on the Implementation of an Emission
Statement Program,” Dated July 1992.