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UNI TED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Direct Final Rulemaking

for the
California State Implementation Plan

San Joa quin Valley Unified Air Pollution District, Rule 4354

Glass Melting Furnaces

Prepared by: Sally Grady and Robert Marinaro Reviewed by: Andrew Steckel

August 2012

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Rule Identification:

Agency: S an Joaquin Valley Unified Air Pollution Con trol District ( SJ VUAPC D )

Sip Approved Rule: Rule 4354

– Glass Melting Furnaces Adopted

– September 16, 2010

Submitted

– April 5, 2011 EPA Approved

– June 24, 2011 (76 FR 53640)

Subject of this TSD: Rule 4354

– Glass Melting Furnaces Adopted

– May 19, 2011

Submitted

– September 27, 2011

R ule Summary

– SJV U APCD Rule 4354 is designed to limit emissions of nitrogen oxides (NOx), carbon monoxide (CO), volatile organic compounds (VOC), oxides of sulfur (SOx) and particulate matter (PM

- 10) from glass melting furnaces. In June 2011, EPA approved a version of Rule 4354 into the State Implementation Plan (SIP). In May 2011, SJVUAPCD adopted

minor editorial revisions to the rule which are the subject of this technical support document ( TSD )

. The one substantive change relates to Rule 4354, S ection 5.5.5, start

- up. This section currently states that during start

- up
, the primary furnace combustion system shall not exceed 5% excess oxygen. This is amended with the addition of “except during t he time when the oxidant stream for an oxy

- fuel fired furnace contains at least 50% oxygen. SJVUAPCD explains o n pages 5 and 6 of the staff report of June 20, 2011 associated with this rule revision, that “ t he proposed amendments only affect operations of oxy

- fuel fired furnaces during start

- up
, and these operations have inherently low NOx emissions due to the enriched oxygen stream in the combustion air. Therefore, no impact on emissions is anticipated for this rule (revision).”

EPA E valuation Criteria

– The following criteria and guidance documents were used to

evaluate the submitted Rule 4354:

Enforceability

– The Little Bluebook (“Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” EPA Region 9, August 21, 2001), and The Bluebook (“Issues Relating to VOC Regulation Cutpoints, Deficiencies and Deviations”, EPA

, 1988)

, were used to help evaluate compliance with the Clean Air Act ( CAA ) §110(a)(2)(A) requirement for enforceability.

Stri n gency CAA Section 172 (c)(1) re quires nonattainment areas to implement all reasonably available control measures (RACM), including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonable

available control techno logy (RACT), as expeditiously as practicable. Ozone nonattainment areas classified as moderate or above must require RACT for all major sources of NOx ( CAA § 182(b)(2) & (f) ) . The SJVUAPCD regulates an ozone nonattainment area classified as Extreme

for both the 1

- hour and the 8

- hour ozone standard, so Rule 4354 must fulfill RACT requirements3

for NOx.

SIP Relaxation

- CAA § 110(1) 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. CAA § 193 prohibits EPA from modifying, in a nonattainment area, any SIP

- approved control requirement in effe ct before November 15,1990

.

EPA Evaluation of Rule 4354

T he submitted rule con tains the same monitoring and recordkeeping requirements as the current

rule in the SIP. In our 2011 action, we found that these and related requirements adequately fulfill CAA requirements for enforceability. Nothing in the current revision weakens these requirements and we continue to believe that this rule is adequately enforceable.

Similarly, our 2011 action found that the previous version of this rule was consistent with applicable RACT/RACM requirements. The submitted Rule rev ision does not relax emission limits or associated requirements and we have no basis to change our recent conclusion that this rule is adequately stringent.

Lastly, partly because the rule does not relax existing requirements, we do not believe it will 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, any SIP

- approved control requirement in effect before Nove mber 15,1990 (CAA §193).

EPA Recommendation

– EPA recommends full approval of SJVUAPC D R ule 4354, Glass Melting Furnaces, for incorporation in to the California SIP, supe rseding the prior approved rule by the same name and number. Additionally, EPA recommends that the SJVUAPCD make the following improvements in the next revision of Rule 4354:

Section 4.3 states: "Except for Section 6.8, the emission limits of Section 5.3 and 5.4 and the monitoring requirements of Section 5.9.3 and 5.9.4 shall not a pply to a glass melting furnace that meets all of the following conditions : " We suggest the District eliminate the phrase "Except for Section 6.8" because Section 6.8 and the other sections mentioned in the provision are not mutually exclusive and the

lan guage is confusing.

Reference:

1. Final Staff Report , SJVUAPCD, June 20, 2011

. 2. “State Implementation Plans (SIP): Policy Regarding Excess Emissions During Malfunctions, Startup and Shutdown ,” EPA memorandum, Steven A. Herman and Robert Perciasepe, August 11 , 1999. http://www.epa.gov/ttn/oarpg/t1/memoranda/excem.pdf