United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document 

for

EPA’s Notice of Proposed Rulemaking

for the

California State Implementation Plan

as submitted by the California Air Resources Board

EPA’s Analysis of

San Joaquin Valley Unified Air Pollution Control District’s

Rule 4453, Refinery Vacuum Producing Devices or Systems

Rule 4454, Refinery Process Unit Turnaround

December 11, 2009

Prepared by Joanne Wells

Approved by Andrew Steckel
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San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)

Submitted Rules

 Rule 4453, Refinery Vacuum Producing Devices or Systems (originally adopted on May

21, 1992).

 Rule 4454, Refinery Process Unit Turnaround (originally adopted on May 21, 1992).

 

Both SJVUAPCD rules above were amended on December 17, 1992, submitted on August 24, 

2007, and the submittals determined complete on September 17, 2007. There are no submittals 

of these rules on which EPA has not acted.

Background

On January 2, 2008 (73 FR 48), EPA published a direct final approval of revisions to the 

California State Implementation Plan (SIP). These revisions concerned local rules that address 

reduction of animal matter, and volatile organic compound (VOC) emissions from cutback, slow 

cure, and emulsified asphalt operations, crude oil and petroleum production and refinery

equipment, and petroleum solvent dry cleaning. The direct final action was published without 

prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if 

adverse comments were received by February 1, 2008, EPA would publish a timely removal in 

the Federal Register. EPA received a timely adverse comment. Consequently, we removed the 

direct final approval of SJVUAPCD Rules 4104, 4402, 4404, 4453, 4454, 4625, 4641, and 4672. 

We are re-proposing approval of two of these SJVUAPCD rules (4453 and 4454) in today’s 

action. We do not intend to take final action based on our January 2008 proposal regarding rules 

4453 and 4454. As a result, we are not summarizing or replying to comments submitted in 

response to our January 2008 proposal regarding those rules. 

Applicable SIP Rules

SIP versions of these two submitted SJVUAPCD rules are old precursor rules from three of the 

eight counties that now comprise SJVUAPCD. The SIP-approved rules are described below.

Precursor SIP rules for submitted SJVUAPCD Rule 4453:

 Kern County Rule 414.2, Refinery Process Vacuum Producing Devices or Systems 

(approved on August 21, 1981, 46 FR 42459).

 Kings County Rule 414.2, Refinery Vacuum Producing Devices or Systems (approved on 

May 7, 1982, 47 FR 19696). 

 San Joaquin County Rule 413.2, Refinery Vacuum Producing Devices (approved on May

7, 1982, 47 FR 19696). 

Precursor SIP rules for submitted SJVUAPCD Rule 4454:

 Kern County Rule 414.3, Refinery Process Unit Turnaround (approved on August 21, 

1981, 46 FR 42459). 

 Kings County Rule 414.3, Refinery Process Unit Turnaround (approved on May 7, 1982, 

47 FR 19696). 

 San Joaquin County Rule 413.3, Refinery Process Unit Turnaround (approved on May 7, 

1982, 47 FR 19696). 
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Purposes of Rules and Rule Amendments

Section 110(a) of the CAA requires states to submit regulations that control volatile organic 

compounds, oxides of nitrogen, particulate matter, and other air pollutants which harm human 

health and the environment. These rules were developed as part of the local agency’s program to 

control volatile organic compounds.

The purposes of amendments to Rules 4453 and 4454 are as follows: 

 4453: The rule requires reducing VOC emissions from refinery vacuum producing 

devices by covering hot wells and collecting vapors for recycle to refinery gas or 

incineration. The format is improved, the rule is renumbered, the rule purpose and 

applicability are added, and a 90% VOC control efficiency requirement is added.

 4454: The rule requires reducing VOC emissions from a refinery process unit turnaround 

by collecting vapors for recycle to refinery gas, incineration, or flaring. The format is 

improved, the rule is renumbered, and the rule purpose and applicability are added.

RACT Demonstration

On April 16, 2009, SJVUAPCD adopted its “RACT Demonstration for Ozone SIP,” which 

provides the District’s demonstration that RACT is implemented for all appropriate rules. See 

Guidance and Policy Document 8.

In summary, SJVUAPCD found the following for Rules 4453 and 4454:

 VOC emissions from these sources are too small to report as part of the 2009 RACT SIP 

Demonstration. 

 There is a national Control Technique Guidance (CTG) document for these sources. Rule 

4453 and 4454 were found by the district to be as stringent as the CTG in the RACT SIP 

Analysis. See Guidance and Policy Document 6.

 There is no ACT and no other national regulation (NSPS, NESHAP or MACT) to help 

define RACT for these two categories.

 Similar requirements are imposed by other large California nonattainment area agencies.

We concur with SJVUAPCD’s finding that Rules 4453 and 4454 implement RACT for reasons 

including:

 SJVUAPCD determined that these rules are as stringent as the CTG (Control of Refinery

Vacuum Producing Systems, Water Separators, and Process Unit Turnarounds). 

 SJVUAPCD determined that these rules are at least as stringent as other California 

nonattainment area agency rules. 

 SJVUAPCD, SCAQMD, and the other large California nonattainment agencies generally 

have among the most stringent stationary source requirements nationwide, and we are not 

aware of other reasonably available technological or operational controls likely to 

significantly reduce additional emissions from this emission source.

 The VOC emissions from these sources are very small. 

Rule Evaluation 

Generally, SIP rules must be enforceable (see section 110(a) of the CAA), must require 

Reasonably Available Control Technology (RACT) for each category of sources covered by a 
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control technique guideline (CTG) document as well as each major source in nonattainment 

areas (see section 182(a)(2)), and must not relax existing requirements (see sections 110(l) and 

193). The SJVUAPCD regulates a 1-hr ozone nonattainment area and an 8-hr ozone 

nonattainment area (see 40 CFR part 81) and must fulfill the requirements of RACT. 

The submitted rules are enforceable, do not relax the SIP, and fulfill the requirements of RACT 

and should be given full approval.

Guidance and Policy Documents

Guidance and policy documents that we used to help evaluate rules and RACT requirements 

consistently include the following:

1. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern 

RACT, 52 FR 45044 (November 24, 1987).

2. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, U.S. 

EPA, 40 CFR part 51.

3. Addendum to the General Preamble for the Implementation of Title I of the Clean Air 

Act Amendments of 1990, 59 FR 41998 (August 16, 1994).

4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA (May

25, 1988). [The Bluebook]

5. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA 

Region 9 (August 21, 2001). [The Little Bluebook]

6. Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process 

Unit Turnarounds, EPA-450/2-77-025 (October 1977) 

7. 2007 Ozone Plan, San Joaquin Valley Unified Air Pollution Control District (April 30, 

2007). http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm

8. RACT Demonstration for Ozone SIP, San Joaquin Valley Unified Air Pollution Control 

District (April 16, 2009).

EPA Recommendations

The following revisions are not currently the basis for rule disapproval, but are recommended for 

the next time the rule is amended.

1. For SJVUAPCD Rule 4453 for clarity and enforceability, consider adding definitions for 

vacuum producing device or system, hot wells, firebox, and accumulator.

2. For SJVUAPCD Rule 4454 for clarity and enforceability, consider adding definitions for 

process unit turnaround, firebox and refinery fuel gas. 

3. For SJVUAPCD Rule 4454, consider adding recordkeeping requirements for tracking 

process unit turnarounds including the date when the unit is shutdown and the internal 

pressure of the unit before it is vented or opened to the atmosphere. We recommend 

requiring the records be kept by the facility for 5 years. 

EPA Actions 

EPA recommends full approval under section 110(k)(3) of the CAA as amended in 1990 of the 

following SJVUAPCD rules for incorporation into the California Applicable SIP, superseding 

the precursor SIP rules cited above:

 Rule 4453, Refinery Vacuum Producing Devices or Systems (amended on December 17, 
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1992, submitted on August 24, 2007.)

 Rule 4454, Refinery Process Unit Turnaround (amended on December 17, 1992, 

submitted on August 24, 2007.)

Attachments

1. Submitted SJVUAPCD rules plus applicable SIP SJVUAPCD rules.

2. 2009 RACT SIP, SJVUAPCD, April 16, 2009. [Cover plus sections relevant to 

SJVUAPCD Rules 4453 and 4454].