UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Rulemaking

for the

California State Implementation Plan

South Coast Air Quality Management District Rule 1147

NOx Reductions from Miscellaneous Sources

Prepared by: Nicole Law

August 2016
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RULE IDENTIFICATION 

Agency: South Coast Air Quality Management District (SCAQMD)

SIP Approved Rule: Rule 1147 - NOx Reductions from Miscellaneous Sources

Adopted – December 5, 2008

Submitted – May 17, 2010

EPA Approved – August 4, 2010 (75 FR 46845)

Subject of this TSD: Rule 1147 - NOx Reductions from Miscellaneous Sources

Amended – September 9, 2011

Submitted – February 6, 2013

RULE SUMMARY 

Rule 1147 establishes NOx limits on gaseous and liquid fuel fired combustion 

equipment that require a district permit, but are not specifically required to comply 

with NOx emission limits in other District Regulation XI rules. It also describes 

related certification, enforcement and mitigation fee compliance options. Changes 

from the approved SIP rule include:

1. Added definition for “In-Use Unit” in section (b), Definitions.

2. Added language to the definition of “Make-up air heater” in section (b),

Definitions, to include units used for spray booths which are used for 

drying coatings.

3. Revised Table 2, adding a column for a deadline to “Submit Permit 

Application,” and delayed the compliance dates.

4. Added section (c)(2)(B) to specify how a unit’s age is determined for 

tunnel kilns and crematories rebuilt prior to January 1, 2010 with new 

burners.

5. Revised section (c)(3) to specify that owners or operators of units shall 

determine compliance with emission limits specified in Table 1.

6. Revised section (c)(6) to add requirements to demonstrate the emissions 

are one pound per day or less for units electing to defer compliance with 

emission limits specified in Table 1.

7. Revised section (c)(8) to remove the compliance date and add language 

clarifying compliance requirements.

8. Various minor language revisions were made to section (c) to clarify 

where model numbers and rated heat input capacities should be on the 
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unit burners.

9. Revised the alternative compliance plan in section (c)(14) to delay the 

compliance dates for facilities with five or more in-use units submitting 

an alternate compliance plan. The deadline for submitting the plan has 

been delayed from July 1, 2009 to January 1, 2012 and the deadline for 

at least one unit modification has been delayed from January 1, 2010 to 

April 1, 2012. The deadline for full compliance for all units is unchanged 

and continues to be January 1, 2015. Facilities with pollution control

units in series are allowed to synchronize compliance dates to one date 

no later than December 1, 2013.

10. Revised section (d)(1) to specify how compliance determinations are 

done. They shall be made in the maximum heat input range at which the 

unit normally operates. Additional compliance determination shall be 

done for specific types of units at specific operating parameters.

11. Added section (d)(7) which allows for equipment with units in series or 

with a common exhaust to demonstrate compliance by testing each unit 

separately or testing only after the last unit in the series or at the end of 

the common exhaust. 

12. Revised sections (g)(4) and (g)(6) to extend the period during which new 

afterburners, degassing units, thermal oxidizers, catalytic oxidizers, 

vapor incinerators, spray booth make-up air heaters, new food ovens, 

fryers, heated process tanks, parts washers, and evaporators installed 

for use would be exempt from the rule emission limits until the unit is 15 

years old.

13. Revised section (g)(5) to extend the period during which new or 

relocated remediation units would be installed and exempt from the rule 

emission limits until January 1, 2012.

14. Added section (h), requiring the District to perform a technology 

assessment by December 7, 2015.

15. Added section (i) to allow a mitigation fee compliance option for owners 

or operators with units that emit more than 1 pound per day to delay their 

compliance by 3 years.

16. Made other minor formatting and editorial revisions to improve clarity.

17. Upon the adoption of SCAQMD Rule 1153.1 in 2014, categories under 

commercial food ovens formerly covered under Rule 1147 became

subject to the applicability of Rule 1153.1 Emissions of Oxides of 
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Nitrogen from Commercial Food Ovens.

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), the Little 

Bluebook (Guidance Document for Correcting Common VOC & Other 

Rule Deficiencies, EPA Region 9, August 21, 2001) and EPA’s EIP 

guidance (Improving Air Quality with Economic Incentive Programs, 

EPA-452/R/01-01-002, January 2001) were used to help evaluate 

compliance with the CAA §110(a)(2)(A) requirement for enforceability. 

2. Stringency - EPA’s Alternative Control Techniques Document (ACT) 

titled, “NOx Emissions from Industrial/Commercial/Institutional (ICI) 

Boilers” (EPA-453/R-94-022, March 1994), CARB’s RACT/BARCT 

guidance titled, “Determination of Reasonably Available Control 

Technology and Best Available Retrofit Control Technology for Industrial, 

Institutional, and Commercial Boilers, Steam Generators, and Process 

Heaters” (July 18, 1991), and other state and local rules for this category 

were used to help evaluate the RACT requirements of CAA §182(b)(2) 

and §182(f). 

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 SIP-approved control requirement in effect before 

November 15, 1990, in a nonattainment area.

EPA EVALUATION - A summary of our evaluation of the three criteria follows.

1. The rule requirements and applicability are clear, and the compliance 

determination, certification, reporting and other provisions sufficiently 

ensure that affected sources and regulators can evaluate and 

determine compliance with Rule 1147 consistently. 

A testing option for units in series was added to the rule in section (d)(7). 

We previously commented on this amendment in our August 31, 2011 

letter asking the district to address EPA’s guidance on economic 

incentive programs. The revised staff report for the amended rule 

explained that in the event test results exceed the rule emission limits, 

each unit in the group will be determined to exceed the rule emission 

limit. This is consistent with EPA’s EIP which states in section 7.2(c) 
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that “The number of violations is calculated by multiplying (a) the number 

of days the actual emissions are higher than the allowable emissions 

after any adjustments by (b) the number of units covered under the 

emissions averaging EIP.” Additionally, the staff report explains this 

testing option is necessary to test units which cannot be tested 

individually as they share common exhaust streams. We concur with 

SCAQMD’s analysis and believe this adequately addresses this issue.

2. The submitted rule is more stringent than EPA’s ACT and CARB’s 

RACT/BARCT guidance and is as stringent as other California District 

rules for this category, including SJVUAPCD Rule 4309. While Rule 

1147 categories are not directly comparable to EPA’s ACT and CARB’s 

RACT/BARCT guidance, they are the only NOx guidance documents 

available for comparison at this time. The emission limits in Rule 1147 

are more stringent than those in the guidances. As a result, we have 

determined that this rule fulfills RACT requirements. 

3. We propose to determine that our approval of the submittal would 

comply with CAA §§110(l) and 193 because 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.

Amended Rule 1147 delays several compliance dates from the 

previously SIP approved rule in Table 2, section (c)(14). Compliance 

dates are pushed back no further than 2 years in Table 2, Compliance 

Schedule for In-Use Units, to address compliance challenges that were 

being experienced. The required date for submitting the alternate 

compliance plans in section (c)(14) and starting compliance were

delayed, but the final date for compliance of all units under the alternate 

compliance plans is unchanged at January 1, 2015. While these 

provisions could have delayed emission reductions, the same emission 

reductions are achieved as none of the emission limits have been 

relaxed. 

The district’s staff report has addressed these rule amendments and 

how they were needed for the owners and operators to transition into 

compliance. The rule changes will achieve the same NOx emissions

reductions as the previous rule amendment by 2018. Additionally, 

SCAQMD provided a letter to EPA on May 20, 2015 addressing the 

emissions foregone (i.e. emissions reductions that were not achieved)

due to the delayed compliance dates and mitigation fee compliance 

option. The letter estimates the emissions forgone due to these rule 

amendments are 0.06 tpd NOx in 2015 and 2016. In 2017 and 2018, 

this rule will result in NOx emissions reductions of 0.12 tpd. The letter 

summarizes that emissions foregone in 2015 and 2016 from Rule 1147 
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along with several other SCAQMD rules add up to 0.21 tpd NOx in 2015 

and 0.21 tpd NOx in 2016. 0.21 tpd NOx is less than the 1 tpd NOx set 

aside by SCAQMD in their 2014 inventory used to model attainment.1

Therefore, the foregone reductions do not impact the 2015 

impracticability demonstration for the 2006 NAAQS for PM2.5. Beyond

2020, there are no emissions foregone due to the amendments in Rule 

1147, therefore there is no impact on the 1-hour ozone standard with 

attainment date of 2022 and the 1997 8-hour ozone standard with 

attainment date of 2023.

Section (i) was added to provide a mitigation fee compliance option.

2 

Owners and operators of a unit are allowed to delay compliance with 

the rule emission limits for up to three years by submitting an alternate 

compliance plan and paying an emissions mitigation fee. This flexibility 

is given so operators may have additional time to incorporate low NOx

technology for unique applications or processes and to phase in 

compliance for multiple units at a facility. The district’s staff report states

the fees collected will be used to fund replacement of commercial leaf 

blowers which will provide sufficient emission reductions to compensate 

for the delay. We are not opining on the leaf blower program in this 

TSD. However, since the units subject to Rule 1147 will ultimately have 

to meet the rule’s emission limits, this fee compliance option is similar to 

the other delayed compliance rule amendments and addressed by 

SCAQMD’s May 20, 2015 letter discussed above. 

Lastly, the categories formerly under commercial food ovens in Rule 

1147 and transferred to Rule 1153.1 are discussed in the TSD for the 

proposed approval on Rule 1153.1. 

RULE DEFICIENCIES – We have identified no deficiencies with Rule 1147 

sufficient for EPA to propose less than full approval.

 1 Letter from Philip Fine, SCAQMD, to Andrew Steckel, EPA, Re: Ongoing NOx rule development 

emission reductions (forgone) issues, dated May 20, 2015.

2We note that while the fees are enforceable against sources, the emission reductions associated 

are not without further documentation. If the District intends to seek credit in a SIP for emission 

reductions generated through disbursement of funds generated through the implementation of this 

fee, the District must develop and submit a SIP revision consistent with the requirements of the 

CAA and EPA guidance on economic incentives. See 2001 EIP and 80 FR 19020 (4/9/2015). As a 

result, it is not appropriate at this time to credit in SIP attainment demonstrations, emission 

reductions associated with emission limits with an alternative fee compliance option. In addition, if 

the District intends to seek SIP credit for the units complying with the emission limitations of the 

rule, the District should document the number of units complying with the emission limitations as 

well as link the emissions to the relevant emission inventory. 
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ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION - We 

have no recommendations for the next rule revision.

EPA ACTION - The submitted Rule 1147 strengthens the SIP, and the associated 

District staff report projects NOx emissions will be delayed slightly, but not 

reduced. The rule largely fulfills the relevant CAA §110 and part D requirements. 

Therefore, EPA staff recommends a full approval of Rule 1147 pursuant to CAA 

§110(k)(3) and §301(a). 

REFERENCES -

1. SCAQMD Rule 1147, NOx Reductions from Miscellaneous Sources, as 

amended September 9, 2011 and submitted to EPA on February 6, 2013.

2. SCAQMD Rule 1147, NOx Reductions from Miscellaneous Sources, as 

adopted on December 5, 2008, and approved into the SIP on August 4, 

2010 (75 FR 46845). 

3. “Staff Report- Proposed Rule 1147- NOx Reductions From Miscellaneous 

Sources,” SCAQMD, Dated September 2011.

4. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 (web citation).

5. “Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001 

(http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf).

6. “NOx Emissions from Industrial/Commercial/Institutional (ICI) Boilers,”

EPA, March 1994, (EPA-453/R-94-022, March 1994).

7. “Determination of Reasonably Available Control Technology and Best 

Available Retrofit Control Technology for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, and Process Heaters,” CARB, July 

18, 1991.

8. “Improving Air Quality with Economic Incentive Programs,” EPA, January 

2001 (EPA-452/R-01-001).

9. Letter from Andrew Steckel, EPA, to Joe Cassmassi, SCAQMD, Re: Rule 

1147, NOx reductions from Miscellaneous Sources (8/9/11) draft, dated 

August 31, 2011.

10. Letter from Philip Fine, SCAQMD, to Andrew Steckel, EPA, Re: Ongoing 

NOx rule development emission reductions (forgone) issues, dated May 20, 

2015.