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
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RULE IDENTIFICATION 

Agency: Ventura County Air Pollution Control District 

(VCAPCD) 

SIP Approved Rule: None

Subject of this TSD: Rule 74.31 Metalworking Fluids and Direct-Contact 

Lubricants

Adopted – November 12, 2013

Submitted – May 13, 2014

BACKGROUND – Rule 74.31 is a new rule designed to reduce the total reactive 

organic compound (ROC) content from metalworking fluids (MWF) and directcontent lubricants (DCL) 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 is 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 businesses

used or sold MWF and DCL in the district, producing an estimated 76 tons per 

year of ROC in 2006.

1 VCAPCD estimated the emission reduction potential of 

Rule 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 Reasonably Available Control Technology (RACT) for this 

particular source of emissions.

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 ROC3 Content Table (B.1.) 

in the Requirements Section effective January 1, 2014. Until January 1, 2015, a 

person may use a metalworking fluid 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.
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rule also prohibits sale, manufacture or distribution of any non-compliant 

metalworking fluids or direct-content fluids in VCAPCD unless it is collected and 

controlled in a system with approved control equipment and processes. Rule 

74.31 also provides associated requirements regarding exemptions, test methods 

and procedures, violations and definitions.

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 – There are no CTGs or other State or federal guidance 

addressing control of VOCs emitted by MWF and DCL. CAA §182(c) 

provides that in areas like Ventura which are designated serious nonattainment, 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 (RFP) or any other applicable requirement 

of the CAA. In addition, CAA §193 prohibits the modification of any SIPapproved 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 determine that the rule 

adequately fulfils the enforceability requirements summarized in paragraph 

#1 above. 

2. The 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, according to the staff report associated with Rule 
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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. We 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 RECOMMENDATIONS 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. Section C.3 should reference B.3 not B.2.

2. For clarity, we recommend that the 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 and turning.

c. marquenching and quenching.

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

fluids.

3. For clarity, in subsection (F)(1) we recommend 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 constitute 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
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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 part 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 DirectContact Lubricants,” September 23, 2013.