United States Environmental Protection Agency,

Region IX, Air Division

Technical Support Document

for

EPA's Proposed Rulemaking

on revisions to the

California State Implementation Plan (SIP)

regarding

San Joaquin Valley Unified Air Pollution Control District

Rule 4695

Brandy Aging and Wine Aging Operations

April 2011

Prepared by Christine Vineyard
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Agency: San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD).

Rule 4695: Brandy Aging and Wine Aging Operations.

SJVUAPCD Adoption: September 17, 2009.

California Air Resources Board (CARB) Submittal: May 17, 2010.

EPA Completeness Finding: June 8, 2010.

This is the first version of this rule adopted by SJVUAPCD and submitted to EPA by CARB for 

inclusion into the SIP.

BACKGROUND

SJVUAPCD has primary responsibility for regulating air pollution in the San Joaquin Valley, 

which is classified as an extreme nonattainment area for the federal eight-hour ozone standard

(40 CFR 81.305). Therefore, as required by section 182(b)(2) of the Clean Air Act (CAA), 

SJVUAPCD must implement Reasonably Available Control Technology (RACT) for all 

stationary sources with a potential to emit more than 10 tons per year (t/y) of volatile organic 

compounds (VOC). SJVUAPCD’s staff report for Rule 4695 identifies five brandy aging 

operations that emit above 10 t/y of VOC.1Therefore, Rule 4695 must implement RACT for at 

least these facilities. 

On December 20, 2005, prior to adoption of Rule 4695, SJVUAPCD adopted local Rule 4694, 

Wine Fermentation and Storage Tanks. While not specifically required by 4694, controls were 

installed on four of the major source brandy aging operations in response to an alternative 

compliance option in Rule 4694.2 Regardless of why these controls were initially installed, 

SJVUAPCD estimates that controls needed to comply with 4695 result in 4.5 ton per day (t/d)

VOC reductions from the four facilities and will reduce an additional 0.12 t/d from the fifth. The 

2007 Ozone Plan estimates a 2012 brandy aging and wine aging VOC emission baseline of 2.30 

tons per day.3 

RULE SUMMARY

Rule 4695 limits VOC emissions from large brandy aging and wine aging operations.

 The major rule requirements vary based on throughput and associated VOC emissions from 

brandy and wine aging operations as summarized in the table below:

 

1

Final Staff Report, Rule 4695 (Brandy Aging and Wine Aging Operations), SJVUAPCD, September 17, 2009, p. 

11.

2

Id. at p. 4.

3

Id. at Appendix B, p. B-3. 
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Product 

Type

Total Annual 

Aging Inventory 

(gal/yr)

Uncontrolled Aging 

Emissions (lbs/yr)

Requirements

Brandy

< 40,000 < 8,000 Records and work practices

> 40,000 > 8,000

Records, work practices and

PTE vented to a control 

device

Wine

< 590,000 < 16,000 Records and work practices

> 590,000 > 16,000 Records, work practices and

temperature control

 For sources needing an emission control device, section 5.5 requires that all brandy aging 

operations be conducted in a warehouse that is certified and maintained as a Permanent Total 

Enclosure (PTE) pursuant to EPA Method 204. 

 40 CFR 51, Appendix M, Method 204, section 6 requires PTEs to meet the following criteria:

1. Any natural draft opening (NDO) shall be at least four equivalent opening diameters from 

each VOC emitting point.

2. The total area of all NDO's shall not exceed 5% of the surface area of the enclosure's walls, 

floor and ceiling.

3. The average facial velocity (FV) of air through all NDOs shall be at least 3,600 meters per 

hour into the enclosure.

4. All access doors and windows not included in the 5% and FV calculations shall be closed 

during routine operation.

5. All VOC emissions must be captured and contained in a control device.

 Rule 4695 section 5.5.2 additionally requires continuous monitoring of the negative gauge 

pressure at the fan inlet pressure point “to qualify the warehouse as a PTE pursuant to EPA 

Method 204.” However, negative pressure at the fan inlet pressure control point is not an

indicator of the PTE described in 40 CFR 51, Appendix M.

 Section 5.8 requires that wine aging in a non-porous tank at an affected facility must be 

equipped and operated with a pressure-vacuum relief value, and the temperature of the aging 

wine must be maintained at or below 75 degrees. 

EVALUATION CRITERIA

EPA is primarily using the following three criteria to evaluate Rule 4695:

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. 
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2. Anti-backsliding - CAA §110(l) states that “the Administrator shall not approve a revision of 

a plan if the revision would interfere with any applicable requirement concerning attainment and 

reasonable further progress, or any other applicable requirement of this chapter.” 

3. RACT – CAA Section 182(b)(2) directs nonattainment areas like SJVUAPCD to adopt and 

submit SIP provisions implementing RACT for all major stationary sources of VOC. CAA 

Section 182(b)(2) states that “RACT is “the lowest emission limitation that a particular source 

can meet using control technology that is reasonably available, considering technological and 

economic feasibility.”

EPA Evaluation

1. Enforceability – The rule requirements are clear, and the PTE certification, monitoring and 

recordkeeping requirements generally ensure that the submitted rule can be enforced.

2. Anti-backsliding – Since there is no SIP-approved version of Rule 4695, this rule strengthens

the SIP by requiring controls on sources previously uncontrolled.

3. RACT – SJVUAPCD claims that Rule 4695 is the first prohibitory rule of its kind anywhere 

that requires control of VOC emissions from brandy and wine aging operations. Id., p. 4. We are 

similarly not aware of any other existing federal, state or local regulation or guidance to help 

define RACT for brandy and wine aging operations. SJVUAPCD analyzed possible controls for 

brandy and wine aging and projected that requirements of Rule 4695 will cost approximately 

$26,700/ton for wine aging operations and $24,600 per ton for brandy aging operations of VOC 

reduced. Id., p. Appendix C, p. 2. Approximately 98% of the brandy aging emissions in 

SJVUAPCD are already controlled in accordance with the requirements of the rule. 

Implementation of this rule is expected to require emission controls on one additional brandy 

aging facility, resulting in the additional annual emission reduction of 0.12 tons per day 

attributable to the brandy aging rule. For reasons summarized above, we concur with 

SJVUAPCD's conclusion that Rule 4695 meets or exceeds CAA RACT requirements for brandy 

aging operations. Wine aging emission reductions are currently achieved in practice and are 

considered RACT. SJVUAPCD has not claimed credit for emission reductions from wine aging 

for Rule 4695. Id., p. 20.

EPA Recommendations

The following recommendations do not justify rule disapproval at this time, but are suggested for 

the next rule revision.

1. In various places including paragraphs 3.11, 3.15, 5.5.2 and 5.7.2, Rule 4695 refers to 

monitoring of the negative gauge pressure at the fan inlet pressure control point in reference to 

demonstrating continued compliance with Method 204. This language is not in strict 

conformance with Method 204 and could be read to suggest that fan inlet pressure is an 

acceptable alternative for Method 204 in various applications, and should be removed or 

modified the next time the District amends Rule 4695. For example, we recommend revising 

paragraph 3.11 as follows:
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3.11 Fan Inlet Pressure Control Point: the pressure monitor for controlling the induced 

draft fan for purposes of maintaining negative pressure on the warehouse adequate to

ensure the warehouse meets the criteria of a Permanent Total Enclosure (PTE) pursuant

to EPA Method 204: Criteria for and Verification of a Permanent or Temporary Total

Enclosure.

2. We recommend removing mention of RACT and BARCT in paragraphs 5.2 and 5.3, 

particularly since both RACT and BARCT can change over time.

EPA ACTION

The submitted revisions to Rule 4695 strengthen the SIP. The rule satisfies the relevant CAA 

§110 and part D requirements including RACT and enforceability. EPA staff recommends 

approval of Rule 4695 pursuant to CAA §110(k) (3) and §301(a). 

Attachments

1. SJVUAPCD Rule 4695, Brandy Aging and Wine Aging Operations, adopted September 17, 

2009.

2. “Final Staff Report, Rule 4695 (Brandy Aging and Wine Aging Operations),” SJVUAPCD, 

September 17, 2009.

3. “Reasonably Available Control Technology (RACT) Demonstration for Ozone State 

Implementation Plans (SIP)” SJVAPCD, April 16, 2009. (cover only)

Other References

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (Bluebook) 

EPA OAQPS, May 25, 1988.

2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (Little 

Bluebook), EPA Region 9, August 21, 2001. 

3. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 

52 FR 45044, November 24, 1987.

4. “State Implementation Plans, General Preamble for the Implementation of Title I of the 

Clean Air Amendments of 1990,” 57 FR 13498, April 16, 1992.

5. “Preamble, Final Rule to Implement the 8-hour Ozone National Ambient Air Quality 

Standard,” 70 FR 71612; November 29, 2005.
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