UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Direct Final Rulemaking

for the California State Implementation Plan

Ventura County Air Pollution Control District Rule 74.31 Metal Working Fluids and Direct

- Contact Lubricants

Prepared by: Arnold Lazarus Reviewed by: Andrew Steckel

September 2014 2



RULE IDENTIFICATION

Agency: Ventura County Air Pollution Control District (VCAPCD)

SIP Approved Rule: None

Subject of this TSD: Rule 74.31 Metalw orking Fluids and Direct

- Contact

Lubricants Adopted

– November 12, 2013

Submitted

– May 13, 2014

BACKGROUND

– R ule 74.31 is a new rule designed to reduce the total reactive organic c ompound (ROC) content from metalworking fluids (MWF) and direct

content lubricants ( D C L ) in the VCAPCD. The rule was adopted because

VCAPCD is in serious non

- attainment for the 8

- hour ozone national ambient air quality standard (NAAQS, see 40 CFR 81)

. Rule 74.31 i s modelled after South

Coast Air Quality Management District (SCAQMD) Rule 1144

, which has been approved into the State Implementation Plan (SIP). We believe SCAQMD Rule

1144 is the first and only EPA approved rule that addresses MWF and DCL , and

VCAPCD Rule 74.31 will be the second such rule in the United States.

According to VCAPCD’s staff report associated with Rule 74.31 , 273 business es used or sold MWF and DC L in the district, producing an estimated 76 tons per

year of ROC in 20 06

. 1 VCAPCD estimated t he emission reduction potential of

R ule 74.31 at about 41 tons per year of ROC. 2

There is no Control Guidance Technique (CTG) published by the EPA to address

MWF and DCL and clearly define federal Clean Air Act (CAA) section 182 requirements for Reasona bly Available Control Technology (RACT) for this particular source of emission s

.

RULE SUMMARY

- The provisions of this rule apply to any person who uses

MWF and DCL and to any manufacturer or supplier who supplies, sells, or offers

for sale either MWF or DCL for use at industrial or commercial facilities. Such

persons must use compliant fluids as specified in the ROC 3 Content Table (B.1.)

in t he Requirements Section effective January 1, 2014. Until January 1, 2015, a person may use a metalworking flui d or direct

- content fluid in excess of the specified VOC content if the product was purchased prior to January 1, 2014. The

1 VCAPCD Final Staff Report, “Rule 74.31, Metalworking Fluids and Direct

- Contact Lubricants,” September 23, 2013

. 2 Ibid

. 3 The terms ROC and volatile organic compound ( VOC ) are used interchangeably. EPA traditionally uses

VOC. 3



rule also prohibit s sale, manufacture or distribut ion of any non

- compliant metalworking fluids o r direct

- content fluids in VCAPCD unless it is collected and

controlled in a system with approved c ontrol e quipmen t and processes. Rule

74.31 also provides associated requirements regarding e xemptions, t est m ethods

and p rocedures, v iolations and d efinition s

.

EVALUATION CRITERIA

- The following criteria were used to evaluate the

submitted rule :
1. 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 § 110(a)(2)(A) requirement for enforceability.

2. Stringency

– T here are no CTG s or other State or federal gui dance addressing control of VOCs emitted by MWF and DCL

. CAA § 182(c) provides that in area s like Ventura which are designated serious non

attainment, an emissions source would be considered “major

, ” and required to implement RACT, if it has the potential to emit at least 50 tons per year of

VOC

.

3. SIP Relaxation

- CAA § 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (R FP) or any other applicable requirement of the CAA. In addition, CAA § 193 prohibits the modification of any SIP

approved control requirement in effect before November 15, 1990, in a

nonattainment area.

EPA EVALUATION

-

1. The rule requirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance

with Rule 74.31 consistently. Therefore, we det ermine that the rule adequately fulfils the enforceability requirements summarized in paragraph

#1 above.

2. T he submitted rule has the identical VOC content limits as SCAQMD Rule 1144 as well as similar and more stringent administrative requirements

. Since we are not aware of any more stringent requirements for these products in either guidance or an adopted rule, we believe the requirements

in Rule 74.31 are consistent with the RACT provisions in CAA section 182(b)(2). However, a ccording to the sta ff report associated with Rule 4

 74.31 , there are currently no major sources of VOC in VCAPCD that are addressed by Rule 74.31

, so meeting RACT is not a requirement of the

rule. 4

3. W e propose to determine that our approval of the submittal would comply

with CAA §§ 110(l) and 193 because (1) the proposed SIP revision would

not interfere with the on

- going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission limits in the submitted rule are more stringent than having no rule pertaining to MWF

and DCL

.

RULE DEFICIENCIES

- We have identified no deficiencies with Rule 74.31 sufficient for EPA to propose less than full approval.

ADDITIONAL RECOMMENDAT IONS FOR THE NEXT RULE REVISION

- The following revisions are not currently the basis for rule disapproval, but are

recommended for the next time the rule is amended.

1. S ection C .3 should reference B.3 not B.2.

2. For clarity, we recommend that th e following terms used in subsections (F) (5), (8) and (10) be defined:

a. blanking, coining, drawing, forming, forging, heading, piercing, roll forming, stamping and wire drawing.

b. broaching, cutting, drilling, grinding, honing, milling, tapping, threading a nd turning.

c. marquenching and quenching.

d. straight oils, emulsified oils, synthetic fluids and semi

- synthetic

fluids.

3. For clarity, in subsection (F)(1) we r ecommend adding to the definition of a

direct

- contact lubricant that “ a direct

- contract

- lubricant is not a metal forming fluid and is not a metal removal fluid. ”

4. For accuracy in defining the Sinker Electrical Discharge Machining method, please change the word “energetic” to “energized” in subsection (F) (14).

5. Please add the following statement in the section ( D ) Test Methods and

Procedures: “When more than one test method or set of test methods are specified for any testing, a violation of any requirement of this rule established by any one of the specified test methods or set of test methods

shall con stitute a violation of this rule. ”

6. Please revise Section (D)(1) to read: “Standard Test Method for Water in Paints and Paint Material by the Karl Fischer Titration Method.”

EPA ACTION

– Rule 74.31 strengthens the SIP because the VCAPCD did not have a SIP approved rule regulating MWF and DCL

. The VCAPCD projects that

4 VCAPCD Final Staff Report, “Rule 74.31, Metalworking Fluids and Direct

- Contact Lubricants,” September 23, 2013, p.4, Table 3 5



Rule 74.31 could result in a reduction of 41 tons of VOC per year in Ventura County. The rule satisfies relevant CAA §110 and par t D requirements. EPA staff recommends full approval of this rule into the SIP.

REFERENCES

1. SCAQMD Rule 1144

, Metalworking Fluids and Direct

- Contact Lubricants, as Amended July 9, 2010

. 2. The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies,

and Deviations , EPA, May 25, 1988)

. 3. The Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001)

. 4. VCAPCD Rule 74.31, “Metalworking Fluids and Direct

- Contact Lubricants,” adopted November 11, 2013

. 5. VCAPCD Final Staff Report, “Rule 74.31, Metalworking Fluids and Direct

Contact Lubricants,” September 23, 2013

.