United States Environmental Protection Agency, Regi on 9

Air Division

Technical Support Document

for

EPA’s Notice of Proposed Rulemaking

for the

California State Implementation Plan

San Joaquin Valley Unified Air Pollution Control Di strict’s

Rule 4308, Boilers, Steam Generators and Process He aters – 0.75 to less than 2.0 MMbtu/hr

Prepared by: Idalia Pérez

July 2010- 2

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San Joaquin Valley Unified Air Pollution Control Di strict (SJVUAPCD)

Submitted Rule SJVUAPCD Rule 4308, Boilers, Steam Generators and P rocess Heaters – 0.75 to less than 2.0

MMbtu/hr

 Adopted: December 17, 2009

 Submitted: May 17, 2010

 Determined complete: June 8, 2010

Previous Rule Submittals There are no outstanding submittals of Rule 4308.

SIP-Approved Rule

 Adopted: October 20, 2005

 Approved by EPA: May 30, 2007 (72 FR 29886)

Rule Summaries Rule 4308 limits NOx and CO emissions from boilers, steam generators, process heaters and water heaters with a total rated heat input equal o r larger than 0.075 MMBtu/hour and less than 2

MMBtu/hour.

Rule Amendments Rule 4308 was amended to include specific limits fo r instantaneous and pool water heaters as well as to strengthen the NOx emission limits for o ther units.

Section 4 (Exemptions) was changed to add an exempt ion for units in recreational vehicles.

Section 5.3 was changed to include new NOx limits.

Other changes were done to improve consistency, cla rity and enforceability of the Rule.

Effects on Emissions
The District estimates that the total baseline emis sion inventory for this source category is 3.39 tons of NOx per day (tpd). The District expects a t otal emission reduction of 2.77 tpd to be achieved by 2031, assuming all units will be replac ed over a 20 year period based on the useful life of a typical unit.

Rule Evaluation Generally, SIP rules must be enforceable (see §110( a) of the Clean Air Act, hereafter CAA); must require Reasonably Available Control Technolog y (RACT) for major sources of NOx in nonattainment areas (see CAA §182(b)(2) and (f)); m ust not interfere with applicable requirements, including requirements concerning att ainment (see CAA §110(l)); and must not relax existing requirements in effect prior to enac tment of the 1990 CAA amendments (see §193). In addition, SIP rules must implement Reason ably Available Control Measures (RACM) for PM2.5 nonattainment areas (see CAA section 172( c)(1)).- 3

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SJVUAPCD regulates an extreme nonattainment area fo r the 1-hour ozone standard, a severe nonattainment area for the 8-hour ozone standard (4 0 CFR 81), and a PM2.5 nonattainment area, thus, submitted Rule 4308 must fulfill RACT and RAC M requirements.

Guidance and policy documents that we used to defin e specific enforceability, RACT and RACM requirements include the following:

• Issues Relating to VOC Regulation, Cutpoints, Defic iencies, and Deviations (the "Blue Book"), US EPA, OAQPS (May 25, 1988).

• Guidance Document for Correcting Common VOC and Oth er Rule Deficiencies , EPA Region IX (August 21, 2001, the “Little Bluebook”).

• State Implementation Plans; General Preamble for th e Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).

• Determination of Reasonably Available Control Techn ology and Best Available Retrofit Control Technology for Industrial, Institutional, a nd Commercial Boilers, Steam Generators, and Process Heaters , CARB (July 18, 1991). http://www.arb.ca.gov/ractbarc/boilers.pdf

• Alternative Control Techniques Document-- NOx Emiss ions from Industrial/Commercial/Institutional (ICI) Boilers

, US EPA 453/R-94-022 (March 1994). http://nepis.epa.gov/EPA/html/Pubs/pubtitleOAR.htm

• Alternative Control Techniques Document-- NOx Emiss ions from Utility Boilers , US EPA 452/R-93-008 (March 1994). http://nepis.epa.gov/EPA/html/Pubs/pubtitleOAR.htm

RACT and RACM SJVUAPCD included a RACT analysis in the Rule’s Sta ff Report (pages 13 – 15). In summary,

SJVUAPCD found that:

- This source category is not subject to national req uirements (NSPS, NESHAP, MACT);

- Rule 4308 has comparable emission limits to SCAQMD Rule 1146.2 and BAAQMD
Rule 9-6.

We concur with SJVUAPCD’s conclusion that Rule 4308 implements RACT for NOx emissions for reasons including:

- SJVUACPD’s Rule 4308 is as or more stringent than S CAQMD, SMAQMD and the other large California nonattainment agencies. Thes e Districts generally have among the most stringent stationary source requirements n ationwide, and we are not aware of other reasonably available technological or operati onal controls likely to significantly reduce additional emissions from this activity.

- Both 1994 ACT documents mentioned above provide tec hnical information including control techniques and achievable controlled NOx em ission levels from boilers. Rule 4308 requirements are as or more stringent than the ACT.

- The submitted rule is as stringent as CARB’s RACT/B ARCT guidance.- 4

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Since no CTG has been issued recently for this acti vity, we do not have clear national guidance defining presumptive RACT. However, we believe the analysis summarized above sufficiently demonstrates that Rule 4308 implements RACT.

We are aware of no guidance or other basis to concl ude that PM2.5 RACM requirements necessitate more stringent controls for these sourc es than do ozone RACT requirements. Therefore, we believe that the demonstration of ozo ne RACT summarized above also demonstrates implementation of PM2.5 RACM.

Enforceability Recordkeeping and other compliance provisions in th e rule ensure that the requirements are adequately enforceable.

CAA §110(l) and §193 SIP rules must not interfere with applicable requir ements, including requirements concerning attainment (see CAA §110(l)) and must not relax exi sting requirements in effect prior to enactment of the 1990 CAA amendments (see §193).

SJVUAPCD added a new exemption for units in recreat ion vehicles (RVs) to Rule 4308 for consistency with other Districts’ rules for this so urce category, mainly SCAQMD Rule 1146.2 which was approved into the SIP on 12/05/08 (73 FR 74027) and has this exemption. The Staff Report indicates that there are very few units in R Vs that would be subject to this rule due to size. According to the District, most units in recr eational vehicles are 12 gallons in size while a typical 75,000 Btu unit is 80 gallons in size. SJVU APCD also notes that it would be difficult to enforce requirements for RVs as the units are in mo bile units and these could come from outside of the District jurisdiction. The District further notes that these units are not used frequently thu s they do not contribute a significant amount of NOx to the inventory. Because of this, we believe that the added exemption does not interfere with at tainment. In addition to this, the inclusion of more stringent NOx emission limits make the amendme nts a strengthening of the SIP and complies with CAA §110(l) and §193.

Suggested Rule Improvement EPA recommends that the SJVUAPCD make the following improvement in the next revision of

Rule 4308:

1. The exemption for units in recreational vehicles ( § 4.2) should be eliminated.

2. The emission limits for instantaneous and pool wate r heaters between 0.075 and 0.4 MMBtu/hour should be as stringent as for other unit s of this size.

3. The Rule should specify that liquid fuel must be lo w in sulfur to further reduce PM2.5 precursor emissions.

Recommendation EPA staff recommends approval of SJVUAPCD submitted rule 4308 for incorporation into the California Applicable SIP.

Attachments

1. Submitted Rule 4308 (Clean Copy)- 5

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2. Submitted Rule 4308 (Strikeout Copy)

3. Staff Report

4. SIP-approved version of Rule 4308