United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document

For

EPA’s Notice of Proposed Rulemaking

For the

California State Implementation Plan

South Coast Air Quality Management District

Rule 1157

– PM10 Emission Reductions from Aggregate and Related Operations

Christine Vineyard

September 20, 2011Agency: South Coast Air Quality Management District (SCAQMD)

Rule 1157 : PM10 Emissions Reductions from Aggregate and Related Operations

Chronology of SCAQM D Adoption and California Submittal

Adoption date : T he SCAQMD Governing Board adopted Rule 1157 on January 7, 2 005

(This adopted Rule was not submitted to EPA as a SIP revision).
Amended date : The SCAQMD Governing Board amended Rule 1157 on September 6

, 2 006 Submittal date : The State of California (CARB) submitted Rule 1157 to EPA on May 17, 2010 Completeness date : On June 8, 2010, EPA found California submittal of Rule 1159 complete.

B ackground
The South Coast Air Basin (SCAB) is classified as a seri ous non

- attainment area for PM 10

. Being c lassified as serious under CAA § 188(b)(2), SCAQMD was to submit a serious PM 10 nonattainment plan. The Plan was to provide for best available control measures (BACM), including best available control technology ( BACT). The attainment deadline was December 31, 2001 (see Section 188(c)(2)).

Consequently, SCAQMD submitted to EPA several PM 10 plans and regulations designed to implement BACM. Unfortunately, SCAQMD could not practically attain the PM standard by
the December 31, 2001 deadline. In 2003 EPA granted an extension of the deadline to December 31, 2006 under Section 188(e).

As a result of this attainment date extension, the SCAB was to review the ―most stringent control measures‖ (MSM) included in a SIP th at can be feasibly implemented in the area, per section 188(e). SCAQMD defined the significant source categories requiring MSM and BACM level controls in their 2002 South Coast AQMP. Since then, SCAQMD confirmed and updated these findings in the 2003 Sou th Coast AQMP and EPA approved these findings in November, 2005 ( 70 FR 43663 (July 28, 2005) and 70 FR 69081, (November 14,

2005 ) ).

SCAQMD Final Environmental Assessment for Rule 1157 (December 2004) indicates that approximately one

- third of the ambient PM 10 concentrations are a result of soil dust entrainment or fugitive dust. Higher soil dust contribution to ambient PM 10 levels have been documented in the inland portions of the SCAQMD. Paved road dust, unpaved road dust, construction and demolition, a nd motor vehicles were clearly significant contributors to PM
emissions.

Rule Summary SCAQMD Rule 1157 was developed to reduce PM 10 emissions from aggregate and related operations as part of 2003 Air Quality Management Plan (AQMP) Control Measure BCM

— 08

– Further Emission Reductions from Aggregate and Cement Manufacturing Operations. The rule reduces fugitive dust PM 10 emissions from various dust sources including loadingand unloading activities, process equipment, open storage piles, unpaved and paved r oads

in side the facilities, and track out.

Rule Requirements a) Purpose of the rule to reduce PM10 emissions from aggregate and related operations; b) Applicability to all permanent and temporary aggregate and related operations, unless exempt; c) Defi nitions of terms used within the rule; d) Requirements for suppressing or stabilizing fugitive dust; e) Recordkeeping requirements to show compliance; f) Test Methods for determining compliance; g) Additional requirements for repeat violators to submit a n Emission Reduction Plan; h) Exemptions from rule requirements provided all dust control methods are being used;*
and i) Allowance of Alternative Control Options in lieu of using dust suppressants.

* Rule 1157 originally included a high wind exemption that would provide impacted facilities with an exemption from the rule’s performance standards, provided that they cease operation during this period. Industry maintained this poses a problem for ready

- mix operations because they must finish their orders for a highway construction job. The construction job cannot stop in the middle of the day’s paving project because of a production stoppage during high winds at the ready

- mix plant. In essence, the high wind exemption requirements were impracti cal and di fficult to implement. Therefore, industry filed litigation

.

In accordance with a settlement reached with industry, Rule 1157 was amended on September 8, 2006 to simplify and streamline the implementation of the high wind exemption. The rule amendment a llow s the loading and transporting of aggregate materials during high winds, provided that appropriate dust controls were applied. The revised high wind exemption only affect s aggregate facilities . The portion of the exemption that is currently applicabl e to concrete batching and hot mix asphalt remains unchanged as it allows those facilities to continue the activities to produce materials for use in construction projects which are being paved or poured during high winds, provided dust controls are

approp riately applied as required.

Rule Evaluation 1. Statutory Requirements & EPA Guidance

– In § 18 9 of the Clean Air Act Amendments of 1990 (CAA), Congress required that serious PM

- 10 nonattainment areas like the SCAB must implement all reasonably available control measures (RACM) then all best available control measures (BACM) for PM. The 2003 SCAQMD Air Quality Management Plan identified fugitive dust from aggregate and cement manufacturing operations as significant contributors of PM emissions. Consequen tly, the SCAQMD is required to implement BACM
for these sources of PM

- 10 emissions. This rule addresses control measures for fugitive dust from aggregate operations

. Control measure s for cement manufac tu r i ng operations

are addressed in a separate rule (Ru le 1156).a. BACM

- The CAA does not define what level of control constitutes a BACM

- level

of control. In our guidance for serious PM

- 10 nonattainment area plans, EPA defined BACM to be, among other things, the maximum degree of emission reduction achi evable from a source or source category which is determined on a case

- by

- case basis, considering energy, economic and environmental impacts. See 59 FR 41998, 42010 (August 16, 1994, ―Serious Area Guidance‖). According to the Serious Area Guidance, a BACM analysis should involve the following steps: (1) preparation of an inventory of PM

- 10 sources; (2) evaluation of the source category impact; (3) evaluation of the technological feasibility of alternative control techniques (citing EPA guidance document, ― Fugitive Dust Background Document and Technical Information Document for Best Available Control Measures,‖ September 1992), including energy and environmental considerations; and (4) evaluation of
the costs of control

– capital costs, annual costs, and cos t effectiveness (see Serious Area
Guidance at 42012

- 42013.)

.

SCAQMD’s BACM analysis was included i n the Rule 1157 Staff Report : Chapter II of the report contains the industry profile and emissions inventory. Chapter III contains the control technology ass essment including available control techniques and effectiveness of controls. Chapter IV contains the cost and cost

- effective ness estimate s.

The BACM analysis appears to follow standard procedures and concluded th e following: 1) T he PM10 baseline emissi ons inventory for the aggregate and relations operations is
estimated to be 29 tons per day. Implementation of Rule 1157 is projected to reduce PM10 emissions 18 tons per day through the use of dust control best practices and techniques. 2)

T he analysis o f the control technologies based on best available control technologies achieved in practice estimated a 60

– 90% level of control efficiency. 3) The cost of compliance with Rule 1157 based on capital costs and operation and material costs is
estimated to be approximately $1,131 per ton of PM10 reduced.

EPA conducted a detail ed analysis of analogous rule requirements in 2006 as part of our action on Maricopa Rule 316, and determined that South Coast Rule 1157 generally had the most stringent requirements ( Maricopa County Rules TSD, June 14, 2006)

. Based largely on this analysis and SCAQMD’s BACM analysis, we concur with South Coast’s
determination that Rule 1157 fulfills CAA BACM

.

b. RACM

- When a moderate area is reclassified to serious, the requireme nt to implement RACM in CAA § 189(a)(1)(C) remains. Thus, a serious area PM

- 10 plan must provide for the implementation of RACM as expeditiously as practicable where the RACM requirement has not been satisfied in the area’s moderate area plan. However, E PA does not ordinarily conduct a separate evaluation to determine whether a serious area plan’s measures also meet the RACM requirements as described in EPA’s General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990. See 57 Fed. Reg. 13498, 13540 (April 16, 1992, ―General Preamble‖). In our Serious Area Guidance, we interpreted the BACM requirement as generally subsuming the RACM requirement. If we determine that the measures are indeed the ―best available,‖ we have nece ssarily concluded that they are ―reasonably available‖. See 59 Fed. Reg. at 42010. Therefore, ourapproval of Rule 310.01 provisions relating to the implementation of BACM is also a finding

that the rule implements of RACM; below, references to BACM are intended to include
RACM.

c. Enforceability

– CAA § 110(a)(2)(A) states that regulations submitted to EPA for SIP approval must be clear and legally enforceable. The requirements for reducing fugitive emissions from aggregate and related operations are specific

, well defined and e nforceable.

d. Anti

- Backsliding

– CAA § 100 (I) and § 193 restrict SIP revisions from relaxing existing requirements. The submitted new rule strengthens the SIP by adding control

measures to reduce PM10 emissions from various sources of fugitive dust including loading and unloading activities, process equipment, open storage equipment, open storage piles, unpaved and paved roads inside the facilities, and track out. Our approval of this rule is consistent with CAA § 110(l). Be cause this is a new rule and does not revise any existing

SIP requirements, section 193 of the Act does not apply to this action.

Recommendation Since Rule 1157 contains no deficiencies and fulfills the requirements of the CAA section

190 and is enforceabl e, EPA proposes full approval.

References

1. SCAQMD Rule 1157, PM10 Emissions Reductions from Aggregate and Related Operations, amended September 8 . 2006 (originally adopted January 7. 2005 but not submitted).



### 2. ―Issues Relating to VOC Regulation Cutpoints, Def iciencies, and Deviations,‖ (a.k.a., Bluebook) EPA OAQPS, May 25, 1988. http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf



### 3. Rule 1157 Final Staff Report

, (from rule adop ted January 7, 2005) , SCAQMD December

2004.