SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix C: Rule Consistency Analysis September 16, 2010 

APPENDIX C 

RULE CONSISTENCY ANALYSIS FOR 

PROPOSED AMENDMENTS TO 

RULE 4354 (GLASS MELTING FURNACES) 

September 16, 2010 

 C-1 Final Staff Report with Appendices 

for Proposed Amendments to Rule 4354 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

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 C-2 Final Staff Report with Appendices 

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Appendix C: Rule Consistency Analysis September 16, 2010 

Appendix C 

Rule Consistency Analysis for Proposed Amendments to Rule 4354 

I. REQUIREMENTS OF ANALYSIS 

Pursuant to Section 40727.2 of the California Health and Safety Code, prior to adopting, 

amending, or repealing a rule or regulation, the District is required to perform a written 

analysis that identifies and compares the air pollution control elements of the rule or 

regulation with corresponding elements of existing or proposed District and United 

States Environmental Protection Agency (EPA) rules, regulations, and guidelines that 

apply to the same source category. The rule elements analyzed are emission limits or 

control efficiency, operating parameters and work practices, monitoring and testing, and 

recordkeeping and reporting requirements. 

II. RULE CONSISTENCY ANALYSIS 

A. District Rules 

Glass melting furnaces could be subject to other District rules including: 

• Rule 2010 (Permits Required), 

• Rule 2201 (New and Modified Stationary Source Review Rule), 

• Rule 4101 (Visible Emissions), 

• Rule 4102 (Nuisance), 

• Rule 4201 (Particulate Matter Concentration), 

• Rule 4202 (Particulate Matter Emission Rate), 

• Rule 4301 (Fuel Burning Equipment), and 

• Rule 4801 (Sulfur Compounds) 

The above-listed rules are not in conflict nor are they inconsistent with the requirements 

of Proposed Rule 4354. 

B. Federal EPA Rules and Regulations 

1. Federal Control Techniques Guideline (CTG) 

Beginning in 1975, EPA staff has issued more than 40 CTGs covering a variety of VOC 

sources. None of the CTGs cover glass melting furnaces, therefore, the proposed rule 

is not in conflict with nor inconsistent with a federal CTG for this source category. 

 C-3 Final Staff Report with Appendices 

for Proposed Amendments to Rule 4354 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix C: Rule Consistency Analysis September 16, 2010 

2. Federal New Source Performance Standards (NSPS) 

The federal NSPS regulations are found in the Code of Federal Regulations Title 40 

Part 60 (40 CFR 60). There are two NSPS regulations that apply to glass melting 

furnaces – 40 CFR 60 Subpart CC (Standard of Performance for Glass Manufacturing 

Plants and 40 CFR Subpart PPP (Standards of Performance for Wool Fiberglass 

Insulation Plants). These NSPSs establishes requirements and emission limits for the 

control of particulate matter. As such, they do not prescribe standards for NOx, SOx, 

CO, or VOC for this source category. Therefore, the District rule provisions for NOx, 

SOx, CO, or VOC in Proposed Rule 4354 are not in conflict with nor inconsistent with 

federal NSPS requirements. 

District staff examined both NSPS with respect to PM for emission limits, monitoring and 

testing, and recordkeeping and reporting requirements. Based on careful review, the 

District’s proposed rule requirements are not in conflict with nor inconsistent with either 

40 CFR 60 Subpart CC or 40 CFR 60 Subpart PPP. 

3. National Emission Standards for Hazardous Air Pollutants (NESHAPs) and 

Maximum Achievable Control Technologies (MACTs) 

There is one NESHAP for glass melting furnaces - 40 CFR 61 Subpart N (National 

Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants). 

This NESHAP specifically targets inorganic arsenic emissions, and therefore, does not 

apply to NOx, SOx, CO, VOC, or PM emission limits. For this reason, the proposed rule 

requirements are not in conflict with nor inconsistent with 40 CFR 61 Subpart N. 

Over the past 10 years, EPA has issued 45 MACT standards under Section 112 of the 

1990 Clean Air Act Amendments. These MACT standards have been codified into the 

Code of Federal Regulations as 40 CFR 63. There are two MACT standards that apply 

to glass melting furnaces – Subpart NNN (National Emission Standards for Hazardous 

Air Pollutants for Wool Fiberglass Manufacturing Plants) and Subpart SSSSSS 

(National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing 

Area Sources). The portions of both MACTs that apply to the glass melting furnaces 

are particulate emission limits and subsequent recordkeeping. As such, they do not 

regulate NOx, SOx, CO, or VOC for this source category. Therefore, the District’s 

proposed rule requirements for NOx, SOx, CO, or VOC are not in conflict with nor 

inconsistent with applicable federal MACT requirements. 

District staff examined the MACT standards with respect to particulate matter for 

emission limits, monitoring and testing, and recordkeeping and reporting requirements. 

Based on careful review, the District’s proposed rule emission limits, monitoring and 

testing, and recordkeeping and reporting requirements are not in conflict with nor 

inconsistent with either 40 CFR 63 Subpart NNN or with 40 CFR 63 Subpart SSSSSS. 

 C-4 Final Staff Report with Appendices 

for Proposed Amendments to Rule 4354 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix C: Rule Consistency Analysis September 16, 2010 

4. Federal Lowest Achievable Emission Rate (LAER) and Federal Best Available 

Control Technology (BACT) 

EPA staff maintains a database of reasonably available control technology (RACT), best 

available control technology (BACT), and lowest achievable emission rate (LAER) 

technologies that have been provided to EPA by state and local permitting agencies. A 

review of glass furnace permits in the RACT/BACT/LAER Clearinghouse (RBLC) 

determined that the limits and technology that could be used to meet the proposed 

emission limits is available and in use in other parts of the United States. 

5. EPA Policies and Guidelines 

Maintenance of Records

Title V (federal) permits and MACT standards require five-year record maintenance. 

The proposed recordkeeping for District Rule 4354 requires that operators maintain 

records for at least five years. Proposed Rule 4354, therefore, is consistent with EPA 

recordkeeping policy. 

Malfunction, Start-up, and Shutdown

An EPA memorandum titled “State Implementation Plans (SIPs): Policy Regarding 

Excess Emissions During Malfunctions, Startup, and Shutdown” from Steven A. 

Herman, Assistant Administrator for Enforcement and Compliance Assurance and 

Robert Perciasepe, Assistant Administrator for Air and Radiation, and dated September 

20, 1999 outlines the EPA policy with regard to emissions during malfunction, startup, 

and shutdown. The startup, shutdown, and idling provisions in Proposed Rule 4354 are 

consistent with these guidelines.

III. CONCLUSION 

Based on the above analysis, District staff concludes that Proposed Rule 4354 is 

consistent with other District rules and is not in conflict with these rules. Further, the 

proposed rule is consistent with EPA rules, regulations, and guidelines that apply to the 

same source category. 

 C-5 Final Staff Report with Appendices 

for Proposed Amendments to Rule 4354 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Appendix C: Rule Consistency Analysis September 16, 2010 

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 C-6 Final Staff Report with Appendices 

for Proposed Amendments to Rule 4354