UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for EPA’s Direct Final Rulemaking

for the California State Implementation Plan

YOLO

- SOLANO AIR QUALITY MANAGEMENT DISTRICT

Rule 1. 1, General Provisions and Definitions

Prepared by: Arnold Lazarus Reviewed by: Andy Steckel

October 2014RULE IDENTIFICATION

Agency: Yolo

- Solano Air Quality Management District (YSAQMD)

SIP Approved Rule: Rule 1

. 1

- General Provisions and Definitions Adopted

– August 13, 1997

Submitted

- July 2 6 , 20 00 EPA Approved

- March 22 , 20 04 ( 69 FR 13234 )

Subject of this TSD: Rule 1

. 1

- General Provisions and Definitions

Amended

- May 8 , 2013

Submitted

- February 10, 2014

Background

Yolo

- Solano Air Quality Management District (YSAQMD) Rule 1

. 1

- General

Provisions and Definitions

, contains definitions for specific terms applicable to all

District rules. EPA most recent ly approved a version of Rule 1. 1 in 20 04

. Revisions incorporated in the submitted 2013 version include:

1. Administrative and formatting changes.

2. Addition of exempt organic compounds to coincide with those that EPA has determined to have negligible photochemical reactivity as listed in Ti tle 40 of the Code of Federal Regulations Part 51.100 (40 CFR 51.100).

EPA Evaluation

These revisions do not have a direct effect on air pollution emissions, but they improve clarity and enforceability of other YSAQMD Rules which do reduce

emissions. EPA’s criteria for rule approval are satisfied by the following:

1. The definitions are clear and help make other provisions enforceable so it is consistent with enforceability requirements of the federal Clean Air Act ( CAA ) § 110(a)(2)(A). Further discussi on of one enforceability concern is provided below in the section titled, “Public Access to Records, reports and

information.”

2. Because these definitions do not establish emission controls but provide clarification to requirements found elsewhere, we have determined that they will not interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the Act (CAA § 110(l)) or modify, in a nonattainment area,

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−any SIP

- approved control r equirement in effect before November 15, 1990 (CAA § 193).

3. The rule does not directly establish emission controls, so it is not relevant to evaluate it regarding stringency.

Recommended Action

EPA staff recommends approval of YSAQMD Rule 1

. 1 under CAA § 110(k) as meeting the requirements of CAA § 110(a) and Part D. Approval of the definitions should not be interpreted as EPA approval of the other rules in which these

definitions are used.

Public Access to records, reports and information

As currently written, we believe YSAQMD Rule 1.1 Section 232.4 “Public Records” could lead to different interpretations on whether emissions data and the information used to calculate emissions data are public records and whether

Section 232.4 is consisten t with CAA Section 114(c) on the availability of records, reports and information to the public. Section 232.4 mirrors California Government

Code 625 4.7(e) and states:

232.4 Notwithstanding any other provision of law, all air pollution emission data, including those emission data which

constitute trade secrets as defined in Section 237 of this rule, are public records. Data used to calculate emission data are not emission data for the purposes of this rule

and data which constitute trade secrets and which are used to calculate emission data are not public records.

CAA Section 114(c) “Availability of records, reports, and information to public;

disclos ure of trade secrets” stipulates that any records, reports or information obtained by the EPA shall be available to the public. The A ct further states that with the exception of “emissions data” 1 , records, reports or information which are entitled to prote ction as a trade secret are to be considered confidential. We interpret this section to mean that emissions data, including information used to calculate emissions data (i.e., the final aggregate emissions value) shall be available to the public. Other rec ords, reports or information that are not considered emissions data but are likely to cause substantial competitive harm if publically disclosed, could be considered confidential and would not be a public

record.

YSAQMD indicates it interprets Rule 1.1 S ection 232.4 to be consistent with the CAA and states that it considers information such as product formulations or

1 EPA defines emissions data at 40 CFR 2.301(a)(2)(i).

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−actual throughputs as protected data. 2 YSAQMD’s interpretation is also consistent with a 1993 California Attorney General opinion 3 on public access to permit

information.

Therefore, with YSAQMD’ s clarification and California Attorney General’s opinion, it is our understanding that YS AQMD interprets the handling of emissions data consistent with the CAA. We also note that Rule 1.1 Section 232.4 was previously approved into the SIP and was not changed in the current rule amendments. While we recommend removal of the second sentence of par agraph 232.4 to more clearly conform to the CAA, this sentence does not justify less than full approval of this rule at this time.

Recommendations

Definition 223 : Multiple

- Chamber Incinerator. The ASTM method is missing the applicable year. EPA recommends it be updated to ASTM C

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- 09 (2013).

References

1. District Draft Staff Report for the proposed revisions to Rule 1 .1, General

Provisions and Definitions, October 22, 2013.

2. Distr ict Rule 1 .1 General Provisions and Definitions, Clean Copy,

Submitted

- February 10, 2014.

3. District Rule 1 .1 General Provisions and Definitions, Struck Copy

, Submitted

- February 10, 2014.

4. California Government Code Section 6254.7 (d)

.

______________ ___________________________________________________

2 September 19, 2014 email from YSAQMD (Paul Hensleigh) to EPA Region IX (Andrew Steckel),

“RE: Yolo

- Solano Rule 1.1. YSAQMD states product formulation or actual throughputs as examples that warrant protection as a trade secret.

3 California’s Authority to Implement Title V (Operating Permits) of the Clean Air Act, State of California, Office of the Attorney General, November 12, 1993.

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