for

EPA’s Notice of Proposed Rulemaking

on revisions to the

California State Implementation Plan

as submitted by the State of California, Air Resources Board

for the South Coast Air Quality Management District

EPA’s Analysis of

South Coast Air Quality Management District’s Rule 1175, Control of Emissions From the Manufacturing of Polymeric Cellular (Foam) Products

United States Environmental Protection Agency, Region IX

Air Division

June 30, 2009

Prepared by: Jennifer Blonn

Reviewed by: Andrew Steckel
September 7, 2007 The SCAQMD Governing Board adopted rule amendments.

March 7, 2008 The California Air Resources Board (CARB) submitted revised Rule 1175 to

EPA as a revision to the SIP.

April 17, 2008 EPA found CARB’s submittal ofRule 1175 complete.

Rule Summary

Rule 1175 was designed to reduce volatile organic compound (VOC), chlorofluorocarbon (CFC),

and methylene cloride emissions from expanded polystyrene (EPS) foam molders, direct

injection polystyrene foam extrusion, polyurethane, isocyanurate and phenolic foam

manufacturing operations. SCAQMD’s StaffReport explains that Rule 1175 was amended

primarily to provide EPS molding operations with a more cost-effective compliance option.

Changes to the Rule

The major revisions to Rule 1175 adopted on September 7, 2007 are summarized below. Seepages 4 and 5 of SCAQMD’s staff report for additional information.

• The definition in paragraph (b)( 1 )(B) of “approved emission control system” was revised to

require collection ofstorage emissions.

• Definitions were added to section (b) for “certificate of analysis”, “low pentane bead”, “mid

pentane bead” and “storage emissions”.

• A compliance option was added to in paragraph (c)(4)(B)(iii) to allow EPS block molding

operations to collect and reduce manufacturing emissions by at least 93%, if at least 60% of

beads are low-pentane and the remainder are mid-pentane.

• The “methods of analysis” section was amended to allow addition test methods ifthey are

approved by SCAQMD, EPA and CARB, and are equivalent to those listed in Section (f).

• Procedures and methods for determining capture efficiency of emission control systems

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Generally, SIP rules must be enforceable (see CAA § 110(a)); must require Reasonably Available Control Technology (RACT) for major sources in ozone nonattainment areas (see CAA § 1 82(a)(2)(A)); must not interfere with applicable requirements including those concerning attainment (see CAA §110(1)); and must not relax requirements in effect prior to the 1990 CAA amendments (see § 193). The SCAQMD regulates major foam manufacturing facilities in a

severe ozone nonattainment area (see 40 CFR part 81), so Rule 1175 must fulfill RACT.

Rule Evaluation

The major change to Rule 1175 is the addition of paragraph (c)(4)(B)(iii), to provide an alternative compliance option for EPS block molding operations. The new option is intended to produce equivalent or greater emission reductions compared to the existing option defined in section (c)(4)(B). The new option increases control ofmanufacturing emissions from 85.5% to 93% and reduces control ofstorage emissions from 85.5% to zero, among other requirements.

Appendix A of SCAQMD’s staffreport describes the EPS block testing program and provides an example compliance demonstration. Table A-i compares VOC emissions under the new

compliance option with emissions under the SIP approved option in paragraph (c)(4)(B)(ii). Nine billets ofmolded polystyrene foam were analyzed and the new option resulted in a calculated

average emission reduction of 24%. While this testing was limited, EPA is relying on it as the basis to concur with SCAQMD’s determination that the requirements established by paragraph (c)(4)(B)(iii) are unlikely to interfere with attainment ofthe ozone NAAQS or other CAA requirements. Further, the rule does not appear to relax existing SIP control requirements in effect before November 1990.

EPA previously determined that the existing SIP-approved version ofRule 1175 adequately implements RACT, partly because the emission limits in Rule 1175 are generally at least as stringent as analogous requirements in other areas. Since the revised rule does not relax the SIP- approved version and continues to be generally at least as stringent as analogous requirements in other areas, we believe that it too adequately implements RACT.

The rule largely contains recordkeeping, test method and other provisions that are clear and sufficient to ensure rule enforceability. However, adequate enforcement mechanisms required by CAA § 110(a) are not defined for portions of 1 175(c)(4), as explained below.

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EPA understands that specific operating parameters may be necessary to achieve this level of

control. Such parameters may include, but are not limited to, establishing specific temperature

and pressure limits for an aging room, establishing volumetric flow rates into a control device,and requiring a minimum operating temperature of a control device. Further, EPA recognizes that

necessary parameters may vary by facility, product, blowing agent content and manufacturer ofraw materials. Without a source test, SCAQMD inspectors may not have adequate information to

determine whether operational techniques in place at a facility are sufficient to comply with

paragraph (c)(4)(iii). To correct this enforceability deficiency:

1. The rule must require demonstration, through source testing approved in writing by the

Executive Officer, that the systems and techniques in place at a facility achieve 93%

collection and reduction of emissions for sources complying with paragraph (c)(4)(B)(iii).

In addition, Rule 1175 does not ensure continued utilization of the approved operationaltechniques. Inspectors must have knowledge ofthe specific operating parameters that were

approved by the Executive Officer to achieve 93% control, and these parameters must be

required and enforceable on a continuous basis. To correct this enforceability deficiency:

2. The rule must clarify that all operational techniques and parameters needed to achieve 93%

control to comply with paragraph (c)(4)(B)(iii) must be clearly defmed and enforceablethrough a federally enforceable permit such as a Title V operating permit. Rule 1175 should

also be revised where possible to identify these parameters.

Paragraphs (c)(4)(B)(i) and (ii) define a SIP-approved compliance option. This option requires

90% capture and 95% reduction of emissions from manufacturing and storage. Operational

techniques are also necessary for facilities to achieve this control level, just as they are for the

93% control level as described above. Similarly, the rule does not ensure continued utilization ofoperational techniques in this context. To correct this enforceability deficiency:

3. The rule must clarify that all operational techniques and parameters needed to achieve 90%

collection and 95% destruction to comply with paragraphs (c)(4)(B)(i) and (ii) must be

clearly defined and enforceable through a federally enforceable permit such as a Title Voperating permit. Rule 1175 should also be revised where possible to identify these

parameters.

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2. Please revise paragraph (c)(2) to clarify whether polystyrene foam extrusion may include

reprocessed material when demonstrating compliance with the limit of 2.4 lbs VOC per 100

lbs raw material processed.

3. Note two potential typographical errors in the introductory paragraph ofsection (f). The first

sentence references paragraphs (f)( 1) through (f)(6), although the rule ends with (f)(4). The

last sentence reads, “...provided the approved alternative method is equivalent to those

listed above,” but we find no methods listed above.

4. In developing the additional compliance option in paragraph (c)(4)(iii), SCAQMD relied on

data generated using procedures designed to measure emissions from highway vehicles. In

June 2005, EPA supported an EPS block molding facility’s plan to complete these tests for a

separate purpose, and EPA did not expect that the results would be used to support this rule amendment. As &result, we strongly recommend that SCAQMD reevaluate the compliance option in light of: (a) the small number of polystyrene block tests that form the technical

basis for t1e compliance option; and (b) a report released in March 2009 by the Alliance of

Foam Packaging Recyclers and EPS Manufacturers Association, entitled “Pentane

Emissions Profile for Expanded Polystyrene Foam Manufacturing Industry”, which suggests considerably higher emissions during block storage.

Impact on Emissions

Changes made to Rule 1175 provide EPS molding operations with an additional compliance option, which SCAQMD believes will achieve more emission reductions than an existing SIP approved compliance option. To ensure that emissions do not increase as a result ofthese rule

revisions, requirements must be fully enforceable as discussed above.

EPA Action

As a result of the deficiencies discussed above, EPA staffrecommend disapproving Rule 1175

pursuant to CAA §1l0(k)(3) and §301(a). This would have the effect ofmaintaining the existing SIP-approved version ofthe rule (approved August 25, 1994) in the SIP. There are no CAA§179 sanction or §1l0(c)(1) FTP implications ofthis action as this is not a required CAA submittal.

SCAQMD - Rule I 175, Control of Emissions From the Manufacturing of Polymeric Cellular (Foam) Products; TSD, 6/09

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Cellular (Foam) Products, adopted Sep

, 

3. “Final StaffReport for Proposed Amendments to Rule 1175 -Control ofEmissions From

the Manufacturing ofPolymeric Cellular (Foam) Products,” South Coast Air Quality

Management District, September 7, 2007.

Additional References

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” EPA, May

25, 1988 (the “Bluebook”).

2. “Guidance Document for Correcting Common VOC and Other Rule Deficiencies” EPA

Region 9, August 21, 2001 (the “Little Bluebook”).

SCAQMD -Rule 1175, Contwl of Emissions From the Manufacturing of Polymeric Cellular (Foam) Products;

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including but not limited to expandable polystyrene, polystyrene foam extrusion,

polyurethane, isocyanurate and phenolic foam operations. All steps of the

manufacturing operation and the storage of the final product for a maximum of 48

hours are subject to the requirements ofthis rule.

(b) Defmitions

For the purpose ofthis rule, the following definitions shall apply(1) APPROVED EMISSION CONTROL SYSTEM means any system used

to reduce manufacturing and storage emissions and consists of an

emission collection system and a control device, which are approved, in

writing, by the Executive Officer, that has been demonstrated to perform

and operate according to the following provisions:(A) The emission collection system shall collect at least 90 percent by

weight ofthe manufacturing emissions; and

(B) The emission collection system shall collect at least 90 percent by

weight ofthe storage emissions; and

(C) The control device shall reduce emissions from the emission

collection system by at least 95 percent, by weight.

(2) BLOWING AGENT means a liquid, gaseous or solid material that

facilitates the formation of a cellular product from raw polymeric material.

(3) CERTIFICATE OF ANALYSIS is a written document that cites the range

of pentanes in expandable polystyrene bead, expressed as the percentage

by weight of a manufactured bead-lot, prior to shipment from the

manufacturer. It also contains the name of the manufacturer, a bead-lot

number, and grade and type identifiers, along with a signature of anofficer or an officer’s designee ofthe bead-lot manufacturer.

(4) CHLOROFLUOROCARBON (CFC) is any chlorinated fluorinated

compound of carbon, excluding;

chlorodifluoromethane (HCFC-22),

dichiorotrifluoroethane (HCFC- 123),

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consist of a series of processes, where polystyrene beads and b

g

agent are expanded by exposure to steam or any other expansion agent and

processed through cup, block or shape molding into low-density, closed

cell, cellular products. EPS products include but are not limited to

drinking cups, insulation board, packaging material, and ice chests.

(7) LOW-PENTANE BEAD is an expandable polystyrene bead containing

pentane as a blowing agent with an upper limit less than 4.0 percent by

weight, prior to shipment, as certified upon delivery by an accompanying

bead lot manufacturer’s Certificate of Analysis.

(8) MANUFACTURING EMISSIONS are any emissions of VOC, CFC, or

methylene chloride that occur during the manufacturing operation.

(9) MANUFACTURING OPERATION means every step ofthe processing of

a polymeric material from the delivery of the raw material, until the

storage ofthe final cellular product.

(10) MID PENTANE BEAD is an expandable polystyrene bead containing

pentane as a blowing agent within the range of 4.0 to 5.2 percent by

weight, prior to shipment, as certified upon delivery with an

accompanying bead lot manufacturer’s Certificate of Analysis.

(11) RAW MATERIAL means all polystyrene beads, polyurethane, and

blowing agent used in the manufacture of polymeric cellular products.

(12) RIGID POLYURETHANE is a closed cell polyurethane, primarily

manufactured as rigid slabstock, laminated boardstock, field spray foam or

pour-in-place foam.

(13) STORAGE EMISSIONS are VOC emissions occurring for a maximum of

48 hours after the polymeric cellular foam product is manufactured.

(14) VOLATILE ORGANIC COMPOUND (VOC) (see Rule 102 -Definition

of Terms).

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(B) Each manufacturing operation, excluding rigid polyurethane

operations shall reduce yearly emissions from its 1988 emissions

baseline, based on Rule 301 emission fees filing, by 100 percent,

beginning calendar year 1994.

(2) Expandable Polystyrene (EPS) Molding Operations

The owner or operator of an expandable polystyrene (EPS) molding

operation shall demonstrate, to the satisfaction of the Executive Officer,

that manufacturing emissions and post-manufacturing emissions,

assuming all the blowing agent is released from the product, are less than

2.4 lbs per 100 lbs ofraw material processed.

(3) The owner or operator of any polymeric cellular manufacturing operation,

subject to the requirements of paragraphs (c)( 1) or (c)(2), shall submit a

plan to be approved by the Executive Officer, that demonstrates

compliance with paragraph (c)(1) or (c)(2).

(4) The owner or operator of any polymeric cellular manufacturing operation

that has not achieved the requirements specified in paragraph (c)(l),

(c)(2), or (c)(3) shall:

(A) Submit permit applications for the installation of an emission

control system within four months of the date that compliance with

such requirement was not achieved; and

(B) Within twelve months of failing to meet the requirements of

paragraph (c)( 1), (c)(2), or (c)(3), the following provisions must be

satisfied:

(i) An approved emission control system is installed and

operated with all sources of manufacturing emissions

collected and reduced according to subparagraphs (b)(1)(A)

and (b)(1)(C) ; and

(ii) All sources of storage emissions from the final

manufactured product are collected and reduced according

to subparagraphs (b)(1)(B) and (b)(1)(C) for at least:

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(

) 

p

p

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may, in lieu of complying with the specific control

requirements of clauses (c)(4)(B)(i) and (c)(4)B)(ii), collect

and reduce, through a combination of emission control

systems and operational techniques, as approved by theExecutive Officer, manufacturing emissions by at least 93

percent overall by. weight (the product of capture and

control device efficiencies), provided, at least 60 percent of

the annual EPS block throughput is manufactured with

low-pentane bead and the remainder with mid-pentane

bead.

(d) Exemptions

(1) The provisions of paragraph (c) shall not apply to any:

(A) Expandable polystyrene operation that processes less than 200

pounds per day ofraw material.

(B) Rigid polyurethane operation that processes less than 1,000 pounds

per day ofraw material.

(2) The provisions of clause (c)(4)(B)(ii) shall not apply to any facility that

only manufactures:

(A) rigid polyurethane foam; or

(B) EPS foam and the highest concentration of the blowing agent in

the cellular product is 1.8 percent or less by weight within 15

minutes of completion of the manufacturing operation.

Verification of the concentration shall be demonstrated annually,

pursuant to a protocol submitted to and approved by the Executive

Officer.

(e) Recordkeeping

(1) Any owner or operator subject to this rule or claiming an exemption under

paragraph (d) shall maintain a daily record of operations, including but not

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maintenance of the emission control system. These records shall include

key system operating parameters such as temperatures, pressures,flowrates, and other measures to demonstrate compliance with paragraph

(c)(4).

(f) Methods of Analysis

All applicable methods of analysis shall be as cited in paragraphs (f)(l) through(f)(6) below, or any other applicable method approved by the Executive Officer,

the United States Environmental Protection Agency (U.S. EPA), and the

California Air Resources Board (CARB), provided the approved alternative

method is equivalent to those listed above.

(1) Determination of VOC Content

The VOC content of materials subject to the provisions of this rule shall

be determined by the following methods:

(A) U.S. EPA Reference Method 24 (Code of Federal Regulations

Title 40 Part 60, Appendix A). The exempt solvent content shall

be determined by SCAQMD Method 303 (Determination of

Exempt Compounds) contained in the SCAQMD “LaboratoryMethods of Analysis for Enforcement Samples” manual; or,

(B) SCAQMD Method 304 [Determination of Volatile Organic

Compounds (VOCs) in Various Materials] contained in the

SCAQMD “Laboratory Methods of Analysis for Enforcement

Samples” manual.

(C) Exempt Perfluorocarbon Compounds

The following classes of compounds will be analyzed as exempt

compounds for compliance with subdivision (c), only when

manufacturers specify which individual compounds are used in the

manufacture of polymeric cellular products:cyclic, branched, or linear, completely fluorinated alkanes;

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y 

In addition, the manufacturers must identify the U.S. EPA, CARB, and

SCAQMD approved test methods used to quantify the amount of each

exempt compound.

(2) Determination of Pentanes in Expandable Styrene Polymers

The weight percent pentane in expandable polystyrene polymer shall be

determined by SCAQMD Method 306 (Analysis of Pentanes in

Expandable Styrene Polymers) contained in the SCAQMI) “Laboratory

Methods of Analysis for Enforcement Samples” manual.

(3) Determination of Efficiency ofEmission Control System

(A) Capture efficiency specified in paragraph (b)(1) or phrase (c)(4)(B)

(iii) shall be determined by the procedures presented in the U.S.

EPA technical guidance document “Guidelines for Determining

Capture Efficiency, January 9, 1995”, or U.S. EPA Methods 204

A-F.

(B) The efficiency of the control device of the emission control system

specified in paragraph (b)(l) or phrase (c)(4)(B) (iii) and the VOC

content in the control device exhaust gases, measured and

calculated as carbon, shall be determined by U.S. EPA Test

Methods 25, 25A, SCAQMD Method 25.1 (Determination of Total

Gaseous Non-Methane Organic Emissions as Carbon), or

SCAQMD Method 25.3 (Determination of Low Concentration of

Non-Methane Non-Ethane Organic Compound Emissions from

Clean Fueled Combustion Sources) as applicable. U.S. EPA Test

Method 18, or ARB Method 422 shall be used to determine

emissions of exempt compounds.

(4) Multiple Test Methods

When more than one test method or set of test methods are specified for

any testing,

a violation of any requirement of this rule established by any

one of the specified test methods or set of test methods shall constitute

a

violation of the rule.

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