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 Anal ys is of San Joaquin Valley Unified Air Pollution Control District’s Rule 4453, Refinery

Vacuum Producing Devices or Sy stems Rule 4454, Refinery

Process Unit Turnaround

December 11, 2009 Prepared b y J oanne Wells Approved b y Andrew Steckel2

San Joaquin Valley Unified Air Pollution Control District (SJV U APCD) Submitted Rules  Rule 4453, Refinery

Vacuum Producing Devices or Sy stems (originall y adopted on May 21, 1992).  Rule 4454, Refinery

Process Unit Turnaround (originall y adopted on May 21, 1992). Both SJV U APCD rules above were amended on December 17, 1992, submitted on Augu st 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 S tate Implementation Plan (SI P). 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 b y February 1, 2008, EPA would publish a timely removal in the Federal Register . EPA received a timel y adverse comment. Consequently , we removed the direct final approval of SJV U APCD Rules 4104, 4402, 4404, 4453, 4454, 4625, 4641, and 4672. We are re

- proposing approval of tw o of these SJVU APCD 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 repl yi ng to comments submitted in response to our January

2008 proposal regarding those rules. Applicable SIP Rules SI P versions of these two submitted SJV U APCD rules are old precursor rules from three of the eight counties that now comprise SJV U APCD. The SI P

- approved rules are described below. Precurso r SIP rules for submitted SJV U APCD Rule 4453:  Kern County

Rule 414.2, Refinery

Process Vacuum Producing Devices or Sy stems (approved on August 21, 1981, 46 FR 42459).  Kings County

Rule 414.2, Refinery

Vacuum Producing Devices or Sy stems (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 SJV U APCD 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).3

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 d eveloped 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 b y coverin g hot wells and collecting vapors for recy cle 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 redu cing VOC emissions from a refinery process unit turnaround by collecting vapors for recy cle 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, SJV UAPCD adopted its “RACT Demonstration for Ozone SI P,” which provides the District’s demonstration that RACT is implemented for all appropriate rules. See Guidance and Policy

Document 8. In summary , SJV U APCD found the following for Ru les 4453 and 4454:  VOC emissions from these sources are too small to report as part of the 2009 RACT SI P Demonstration.  There is a national Control Technique Guidance (CTG) document for these sources. Rule 4453 and 4454 were found by the district to be a s stringent as the CTG in the RACT SI P Analy sis. 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 Calif

ornia nonattainment area agencies. We concur with SJV U APCD’s finding that Rules 4453 and 4454 implement RACT for reasons including:  SJV U APCD determined that these rules are as stringent as the CTG (Control of Refinery Vacuum Producing S ys tems, Water Separ ators, and Process Unit Turnarounds).  SJV U APCD determined that these rules are at least as stringent as other California nonattainment area agency rules.  SJV U APCD, SCAQMD, and the other large California nonattainment agencies generall y have among the mo st stringent stationary source requirements nationwide, and we are not aware of other reasonably available technological or operational controls likely to significantl y 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 Reasonabl y Available Control Technology (RACT) for each category of sources covered b y a4

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 SJV U APCD regulates a 1

- hr ozone nonattainment area and an 8

- hr ozone nonatta inment area (see 40 CFR part 81) and must fulfill the requirements of RACT. The submitted rules are enforceable, do not relax the SI P, and fulfill the requirements of RACT and should be given full approval. Guidance and Policy Documents Guidance and po licy

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 Preparatio n, 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 Cutpo ints, 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 L ittle Bluebook] 6. Control of Refinery Vacuum Producing Systems, Wastewater Se parators, and Process Unit Turnarounds , EPA

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- 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 currentl y the basis for rule disapproval, but are recommended for the next time the rule is amended. 1. For SJV U APCD Rule 4453 for clarit y and enforceability , consider adding definitions for vacuum producing device or s ys tem, hot wells, firebox, and accumulator. 2. For SJV U APCD Rule 4454 for clarit y and enforceability , consider adding definitions for process unit turnaround, firebox and refinery fuel gas. 3. For SJV U APCD 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 facilit y for 5 ye ars. EPA Actions EPA recommends full approval under section 110(k)(3) of the CAA as amended in 1990 of the following SJV U APCD rules for incorporation into the California Applicable SI P, superseding the precursor SI P rules cited above:  Rule 4453, Refinery

Vacuum Producing Devices or Sy stems ( amended on December 17,5

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 SJV U APCD rules plus applicable SI P SJV U APCD rules. 2. 2009 RACT SIP , SJV U APCD, April 16, 2009. [Cover plus sections r elevant to SJV U APCD Rules 4453 and 4454].