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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

San Joaquin 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: San Joaquin Valley Unified Air Pollution Control District 

(SJVUAPCD)

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

Rule Summary – SJVUAPCD 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, Section 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 the time when the oxidant 

stream for an oxy-fuel fired furnace contains at least 50% oxygen. SJVUAPCD explains on 

pages 5 and 6 of the staff report of June 20, 2011 associated with this rule revision, that “the 

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 Evaluation 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.

Stringency CAA Section 172(c)(1) requires 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 technology (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 requirements 
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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 effect before 

November 15,1990.

EPA Evaluation of Rule 4354

The submitted rule contains 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 revision 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 November 15,1990 

(CAA §193).

EPA Recommendation – EPA recommends full approval of SJVUAPCD Rule 4354, Glass 

Melting Furnaces, for incorporation into the California SIP, superseding 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 apply 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 

language 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