UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA's Proposed Rulemaking

for the

California State Implementation Plan

EPA’s Evaluation of

Imperial County Air Pollution Control District, 

Final 2009 Reasonably Available Control Technology

State Implementation Plan 

Dated July 13, 2010

Adopted July 13, 2010

Prepared by: James Shears

Reviewed by: Andrew Steckel

July 2015
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RULE IDENTIFICATION -

Agency: Imperial County Air Pollution Control District (ICAPCD)

SIP Approved Version: None

Subject of this TSD: ICAPCD Final 2009 Reasonably Available Control Technology

State Implementation Plan – Dated July 13, 2010 (“2009 RACT 

SIP”)

Adopted July 13, 2010

Submitted December 21, 2010

BACKGROUND

Volatile organic compounds (VOCs) and nitrogen oxides (NOx) in the presence of sunlight can 

lead to the formation of ground-level ozone or “smog” which can result in significant impacts to 

human health and the environment. Section 182 of the Clean Air Act (CAA) requires areas that 

are classified as moderate or above for ozone nonattainment to implement reasonably 

available control technology (RACT) for specific types of sources. 

With the implementation of the 1997 8-hour National Ambient Air Quality Standard (NAAQS) 

for ozone, Imperial County Air Pollution Control District (ICAPCD or the District) was classified 

as a marginal nonattainment area1. Subsequently, EPA found that Imperial County did not 

meet the attainment deadline of June 15, 2007, and reclassified it as a moderate 

nonattainment area with an attainment deadline of June 15, 20102. On December 3, 2009, 

EPA issued a final rule3determining that Imperial County attained the 1997 8-hour NAAQS 

based on ambient air monitoring data for the years 2006 through 2008. Although the finding 

of attainment by EPA suspended certain State Implementation Plan (SIP) related 

requirements, it did not suspend the RACT requirements for VOCs and NOx under CAA 

section 182. Pursuant to 40 CFR 51.912(a)(1), the State (or local air district) must submit a 

SIP revision that meets the VOC and NOX RACT requirements in CAA section 182(b)(2) and 

(f) for each area classified moderate or higher. Therefore, ICAPCD must, at a minimum, adopt 

RACT-level controls for sources covered by a Control Techniques Guidelines (CTG) document 

and for any major stationary source of VOCs or NOx.4

EPA defines RACT as the “lowest emissions limitation that a particular source is capable of 

meeting by the application of control technology that is reasonably available considering 

 

1 69 FR 23858 (April 30, 2004)

2 73 FR 8209 (February 13, 2008)

3 74 FR 63309 (December 3, 2009)

4 CAA § 182(b)(2) and (f).
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technological and economic feasibility.”5 A RACT analysis should, therefore, take into account 

the technological and economic feasibility of controls, and may differ from source to source 

and location to location.

SUBMITTAL SUMMARY and EPA EVALUATION

The District adopted its 2009 RACT SIP on July 13, 2010 and the California Air Resources 

Board (CARB) submitted it to EPA on December 21, 2010. The CARB submittal included a 

completeness checklist which indicated the package met the completeness criteria in 40 CFR 

Part 51, Appendix V. The submittal became complete by operation of law on June 21, 2011

pursuant to CAA §110(k)(1)(B). 

ICAPCD’s 2009 RACT SIP included the following documents:

a. Imperial County Air Pollution Control District Final 2009 Reasonably Available Control 

Technology State Implementation Plan, July 13, 2010.

b. Resolution of the Imperial County Air Pollution Control District Board approving and 

adopting the Final 2009 Reasonably Available Control Technology State 

Implementation Plan - adopted on July 13, 2010.

ICAPCD’s analysis evaluated the following areas. Further discussion is provided below.

 VOC rules for sources subject to a CTG.

 Negative declarations where there are no facilities subject to a CTG.

 Major non-CTG sources of VOC or NOx.

Subsequent to its adoption of the 2009 RACT SIP, ICAPCD amended or adopted a number of 

rules and submitted them to EPA for approval into the SIP. Upon SIP approval, these 

submittals effectively supplanted the corresponding rules, if any, in the 2009 RACT SIP.

EPA evaluated the following elements of ICAPCD’s 2009 RACT SIP and subsequent

submittals:

 Efforts to identify all source categories within the District requiring RACT.

 Negative declarations where there are no facilities subject to a CTG.

 List of the State/local regulations that implement RACT.

 The bases for concluding that all referenced regulations fulfill RACT.

The following documents were also used to support our review:

 “Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard –

Phase 2” (70 FR 71612; November 29, 2005).

 “State Implementation Plans, General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990” (57 FR 13498; April 16, 1992).

 Enforceability - Section 110(a) of the CAA requires enforceable emission limitations and 

other control measures. Several EPA guidance documents are used to evaluate rule 

 

5 70 FR 71612, 71652, n. 57 (November 29, 2005) (citing 44 FR 53761 (September 17, 1979))
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enforceability, including Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations: Clarification to Appendix D of November 24, 1987 FEDERAL REGISTER, 

May 25, 1988, Revised January 11, 1990 ("The Blue Book"), and EPA Region IX’s 

Guidance Document for Correcting Common VOC and Other Rule Deficiencies, August 

21, 2001 (the "Little Bluebook").

 “State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for 

Implementation of Title I of the Clean Air Act Amendments of 1990” (57 FR 55620, 

November 25, 1992) ("the NOx Supplement").

 “Model Volatile Organic Compound Rules for Reasonably Available Control 

Technology”, EPA (June 1992).

 “Beyond VOC RACT Requirements”, EPA (April 1995).

 Memorandum from William T. Harnett to Regional Air Division Directors, (May 18, 2006), 

“RACT Qs & As – Reasonably Available Control Technology (RACT) Questions and 

Answers”.

 RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew Steckel) to CARB 

(Kurt Karperos) describing Region IX’s understanding of what constitutes a minimally 

acceptable RACT SIP.

 EPA's CTGs http://www.epa.gov/groundlevelozone/SIPToolkit/ctgs.html

 CARB’s emissions inventory database 

http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php

 CARB and EPA Region IX databases of ICAPCD rules

CARB: http://www.arb.ca.gov/rldb/rldb.htm

EPA: http://epa.gov/region09/air/sips/index.html

1. VOC Rules for Sources Subject to a CTG 

ICAPCD Action:

Table 1 of the 2009 RACT SIP identifies 11 CTGs which apply to sources in Imperial County 

and therefore must be addressed in the RACT SIP. The 11 CTGs identified by ICAPCD and 

the corresponding ICAPCD rules are as follows: 

CTG Source Category CTG Reference Document ICACPD Rule

Gasoline Service Stations Design Criteria for Stage I Vapor Control Systems –

Gasoline Service Stations, EPA-450/R-75-102 1975/11

415 Transfer and Storage of 

Gasoline

Tank Trucks, Gasoline Loading 

Terminals

Control of Hydrocarbons from Tank Truck Gasoline 

Loading Terminals, EPA-450/2-77-026 1977/10

415 Transfer and Storage of 

Gasoline

Bulk Gasoline Plants Control of Volatile Organic Emissions from Bulk 

Gasoline Plants, EPA-450/2-77-035 1977/12

415 Transfer and Storage of 

Gasoline

External Floating Roof Tanks, 

Petroleum Liquid Storage in

Control of Volatile Organic Emissions from Petroleum 

Liquid Storage in External Floating Roof Tanks, EPA450/2-78-047 1978/12

414 - Storage of Reactive 

Organic Compound Liquids
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CTG Source Category CTG Reference Document ICACPD Rule

Tank Trucks, Gasoline and Vapor 

Collection Systems

Control of Volatile Organic Compound Leaks from 

Gasoline Tank Trucks and Vapor Collection Systems,

EPA-450/2-78-051 1978/12

415 Transfer and Storage of 

Gasoline

Solvent Metal Cleaning Control of Volatile Organic Emissions from Solvent 

Metal Cleaning, EPA-450/2-77-022 1977/11

413 Organic Solvent 

Degreasing Operations

Storage of Petroleum Liquids in 

Fixed Roof Tanks

Control of Volatile Organic Emissions from Storage of 

Petroleum Liquids in Fixed-Roof Tanks, EPA-450/2-77-

036 1977/12

414 - Storage of Reactive 

Organic Compound Liquids

Industrial Cleaning Solvents Control Techniques Guidelines for Industrial Cleaning 

Solvents, EPA-453/R-06-001 2006/09

417 Organic Solvents

Cutback Asphalt Control of Volatile Organic Emissions from Use of 

Cutback Asphalt, EPA-450/2-77-037 1977/12

426 Cutback Asphalt and 

Emulsified Paving

Automobile Refinishing Reduction of Volatile Organic Compound Emissions 

from Automobile Refinishing, EPA-450/3-88-009 

1988/10

413 Organic Solvent 

Degreasing Operations

427 Automotive Refinishing 

Operations

Aerospace Aerospace(CTG&MACT), EPA-453/R-97-004 1997/12 425 Aerospace Coating 

Operations

Table 5 of the 2009 RACT SIP presents a comparison of the District’s rules to similar rules in 

other air districts. Based on this analysis, ICAPCD concluded that its rules fulfill RACT 

requirements. 

EPA Evaluation:

EPA reviewed the above rules, found they satisfied RACT, and approved them into the SIP on 

the following dates. We are not aware of information suggesting that additional controls are 

needed to fulfill RACT since our approval of these rules. Where applicable, additional details 

and suggestions for future rule improvements are provided below.

Rule 413 Organic Solvent Degreasing Operations (67 FR 67313, November 5, 2002); 

Rule 414 Storage of Reactive Organic Liquid Compounds (73 FR 70883, November 24, 2008); 

Rule 415 Transfer and Storage of Gasoline (70 FR 8520, February 22, 2005);
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Rule 417 Organic Solvents (67 FR 67313 November 5, 2002); 

Rule 425

6 Aerospace Coating Operations (76 FR 67369, November 1, 2011); 

Rule 426 Cutback Asphalt and Emulsified Paving Materials (66 FR 20084 April 19, 2001); and 

Rule 427 Automobile Refinishing Operations (76 FR 67369, November 1, 2011). 

For Rule 413, subsequent to the 2009 RACT SIP submittal, ICAPCD found it had no sources 

of organic solvent cleaning within the District that would be subject to the 1977 Solvent Metal 

Cleaning CTG.

7

 ICAPCD should formally adopt a negative declaration including a public 

hearing, and submit it to EPA for inclusion into the SIP. We also recommend ICAPCD update

Rule 413 (last amended in 2001) to more closely match VOC solvent cleaning limits adopted 

by nearby air districts with a similar ozone nonattainment classification. Some air districts 

have adopted solvent cleaning limits of 25 g/l for general solvent cleaning operations8.

Rule 415 was approved by EPA in 2005 as meeting RACT. Although this approval occurred 

before ICAPCD was reclassified from marginal to moderate ozone nonattainment, we believe 

the rule still satisfies RACT. We recommend ICAPCD consider lowering the gasoline bulk 

terminal emissions limit to 0.04 pounds/1000 gallons the next time this rule is amended.

9

 

For Rule 417, subsequent to the 2009 RACT SIP submittal, ICAPCD found it had no sources 

subject to the 2006 Industrial Cleaning Solvents CTG’s nine unit operations.7 ICAPCD should 

formally adopt a negative declaration with a public hearing, and submit it to EPA for inclusion 

into the SIP. We also recommend ICAPCD update Rule 417 (last amended 1999) to more 

closely match VOC content limits adopted by other air districts. Some air districts have 

adopted solvent cleaning limits of 25 g/l for general solvent cleaning operations.9 

Regarding Rule 426, the VOC limits for cutback and emulsified asphalt are similar to South 

Coast Air Quality Management District (SCAQMD) Rules 1108 and 1108.1, both of which are 

SIP-approved. In 2008, SCAQMD conducted a technical assessment of Rules 1108 and 

1108.1 and concluded that slow cure asphalt does not emit as much VOC as replacement 

emulsions do, and did not recommend making any changes to their asphalt rules.

10 EPA 

reviewed SCAQMD’s technical assessment which estimated that slow cure cutback asphalt 

would emit 0.04 tons/day, but emissions could increase to 0.98 tons/day if emulsified asphalt

(3% VOC) were substituted for slow cure (0.5% VOC) cutback asphalt. The increased 

 

6 With regard to Rule 425, we note that ICAPCD has certified that it has no sources subject to the 

aerospace coating CTG. Therefore, ICAPCD is not required to adopt RACT requirements for this 

source category. 

7 ICAPCD - Supplemental to 2009 RACT SIP - Analysis of Control Technologies Guidance (CTG) 

Documents, July 31, 2015.

8 See Sacramento Metropolitan AQMD Rule 466 (http://airquality.org/rules/rule466.pdf) and South 

Coast AQMD Rule 1171 (http://www.aqmd.gov/docs/default-source/rule-book/reg-xi/rule1171.pdf?sfvrsn=4).

9 See Bay Area AQMD Rule 8-33 section 8-33-301.2 (effective 1/10/2011)

10 See South Coast Air Quality Management District, “Technical Assessment for Rule 1108 – Cutback 

Asphalt”, June 2008.
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emissions would primarily be due to the higher VOC limit allowed for emulsified asphalt. EPA 

accepted the SCAQMD technical assessment of its asphalt rules as satisfying RACT. For the 

same reasons, we believe that ICAPCD Rule 426 satisfies RACT. If additional VOC/PM2.5/ 

NOx reductions are needed for attainment of the NAAQS, the District may want to investigate

use of warm mix asphalt as an alternative to hot mix asphalt.

11

Regarding Rule 427, automobile refinishing is not a CTG category12 and ICAPCD does not 

have any major sources of automobile refinishing, so this rule is not required to meet RACT.

2. Negative Declarations Where There are no Facilities Subject to a CTG

ICAPCD Action:

Table 2 “CTG/ACT Listing with no applicable sources” of the ICAPCD 2009 RACT SIP 

identifies the CTG source categories for which the District has no relevant stationary sources. 

ICAPCD compiled this list by comparing its rules against EPA’s list of CTGs and ACTs,

reviewing its permits and emissions inventory, and consulting with knowledgeable staff of the 

District’s permit and enforcement divisions. For the negative declarations listed in ICAPCD’s 

2009 RACT SIP Table 2, the District also indicated it does not anticipate sources in these 

categories in the future. 

EPA Evaluation:

Negative declarations are only required for CTG source categories where the District has no 

sources subject to a CTG. A negative declaration is not required for ACTs or for other nonCTG source categories. Table 1 below lists the CTG source categories included in ICAPCD’s 

2009 RACT SIP Table 2. We searched CARB’s emissions inventory database to verify there 

are no facilities in ICAPCD that might be subject to these CTGs, and concur with the District’s 

negative declarations.

Table 1 – ICAPCD Negative Declarations

CTG Source Category CTG Reference Document

Aerospace EPA-453/R-97-004, Aerospace CTG and MACT

Automobile and Light-duty

Trucks, Surface Coating of

EPA-450/2-77-008, Control of Volatile Organic Emissions from Existing 

Stationary Sources – Volume II: Surface Coating of Cans, Coils, Paper, 

Fabrics, Automobiles, and Light-Duty Trucks

EPA-453/R-08-006, Control Techniques Guidelines for Automobile and 

Light-Duty Truck Assembly Coatings

 

11 See pg C-220 http://www.valleyair.org/Air_Quality_Plans/docs/PM25-2015/C.pdf

12 The document listed by ICAPCD as a CTG for Automotive Refinishing, “Reduction of Volatile 

Organic Compound Emissions from Automobile Refinishing, EPA-450/3-88-009 1988/10” is in fact an 

Alternative Control Techniques (ACT) Document. 
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CTG Source Category CTG Reference Document

Cans and Coils,

Surface Coating of

EPA-450/2-77-008, Control of Volatile Organic Emissions from Existing 

Stationary Sources – Volume II: Surface Coating of Cans, Coils, Paper, 

Fabrics, Automobiles, and Light-Duty Trucks

Fiberglass Boat Manufacturing EPA-453/R-08-004, Control Techniques Guidelines for Fiberglass Boat 

Manufacturing

Flat Wood Paneling,

Surface Coating of

EPA-450/2-78-032, Control of Volatile Organic Emissions from Existing 

Stationary Sources – Volume VII: Factory Surface Coating of Flat Wood 

Paneling

EPA-453/R-06-004, Control Techniques Guidelines for Flat Wood 

Paneling Coatings

Flexible Packing Printing EPA-453/R-06-003, Control Techniques Guidelines for Flexible 

Package Printing

Graphic Arts – Rotogravure and 

Flexography

EPA-450/2-78-033, Control of Volatile Organic Emissions from Existing 

Stationary Sources, Volume III: Graphic Arts – Rotogravure and 

Flexography

Large Appliances,

Surface Coating of

EPA-450/2-77-034, Control of Volatile Organic Emissions from Existing 

Stationary Sources – Volume V: Surface Coating of Large Appliances

EPA-453/R-07-004, Control Techniques Guidelines for Large Appliance 

Coatings

Large Petroleum Dry Cleaners EPA-450/3-82-009, Control of Volatile Organic Compound Emissions 

from Large Petroleum Dry Cleaners

Offset Lithographic Printing and 

Letterpress Printing

EPA-453/R-06-002, Control Techniques Guidelines for Offset 

Lithographic Printing and Letterpress Printing

Magnet Wire, 

Surface Coating for Insulation of

EPA-450/2-77-033, Control of Volatile Organic Emissions from Existing 

Stationary Sources – Volume IV: Surface Coating of Insulation of 

Magnet Wire

Metal Furniture Coatings EPA-450/2-77-032, Control of Volatile Organic Emissions from Existing 

Stationary Sources – Volume III: Surface Coating of Metal Furniture

EPA-453/R-07-005, Control Techniques Guidelines for Metal Furniture 

Coatings

Miscellaneous Metal and Plastic 

Parts Coatings

EPA-453/R-08-003, Control Techniques Guidelines for Miscellaneous 

Metal and Plastic Parts Coatings

Miscellaneous Metal Parts and 

Products, Surface Coating of

EPA-450/2-78-015, Control of Volatile Organic Emissions from Existing 

Stationary Sources – Volume IV: Surface Coating of Miscellaneous 

Metal Parts and Products

Miscellaneous Industrial 

Adhesives

EPA-453/R-08-005, Control Techniques Guidelines for Miscellaneous 

Industrial Adhesives

Natural Gas/Gasoline 

Processing Plants Equipment 

Leaks

EPA-450/2-83-007, Control of Volatile Organic Compound Equipment 

Leaks from Natural Gas/Gasoline Processing Plants

Paper, Film and Foil Coatings EPA-453R-07-003, Control Techniques Guidelines for Paper, Film and 

Foil Coatings

Petroleum Refineries EPA-450/2-77-025, Control of Refinery Vacuum Producing Systems, 

Wastewater Separators, and Process Unit Turnarounds

EPA-450/2-78-036, Control of Volatile Organic Compound Leaks from 

Petroleum Refinery Equipment

Pharmaceutical Products EPA-450/2-78-029, Control of Volatile Organic Emissions from 

Manufacture of Synthesized Pharmaceutical Products

Pneumatic Rubber Tires, 

Manufacture of

EPA-450/2-78-030, Control of Volatile Organic Emissions from 

Manufacture of Pneumatic Rubber Tires
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CTG Source Category CTG Reference Document

Polyester Resin EPA-450/3-83-008, Control of Volatile Organic Compound Emissions 

from Manufacture of High-Density Polyethylene, Polypropylene, and 

Polystyrene Resins

EPA-450/3-83-006, Control of Volatile Organic Compound Leaks from 

Synthetic Organic Chemical Polymer and Resin Manufacturing 

Equipment

Shipbuilding/Repair 61 FR-44050 8/27/96, Control Techniques Guidelines for Shipbuilding

and Ship Repair Operations (Surface Coating)

Synthetic Organic Chemical EPA-450/3-84-015, Control of Volatile Organic Compound Emissions 

from Air Oxidation Processes in Synthetic Organic Chemical 

Manufacturing Industry

EPA-450/4-91-031, Control of Volatile Organic Compound Emissions 

from Reactor Processes and Distillation Operations in Synthetic Organic

Chemical Manufacturing Industry

Wood Furniture EPA-453/R-96-007, Wood Furniture

3. Major non-CTG Sources of VOC or NOx

CAA § 182(b)(2) and (f) require RACT for stationary source categories covered by CTG 

documents and all major stationary sources of VOCs or NOx. ICAPCD was initially classified 

as a marginal nonattainment for the 1997 ozone NAAQS, but was subsequently reclassified as 

a moderate nonattainment area.

13 A major source in a moderate ozone nonattainment area is 

defined as a stationary source that emits, or has the potential to emit, at least 100 tons per 

year of VOCs or NOx.14

ICAPCD Action:

ICAPCD’s 2009 RACT SIP, Table 3, lists nine facilities that were major sources of VOC or 

NOx at that time, along with the respective RACT rules, where applicable, for each facility. 

Table 5 in the 2009 RACT SIP presents a comparison of each ICAPCD RACT rule for these 

facilities with the corresponding RACT rule in other California air districts.

ICAPCD’s 2009 RACT SIP Table 3 referenced the following NOx rules for the major sources:

Rule 400: Fuel Burning Equipment

Rule 400.1: Stationary Gas Turbines

Rule 400.2: Boilers, Process Heaters and Steam Generators 

Rule 403: General Limitations on the Discharge of Air Contaminants (NOx/VOC)

 

13 See 69 FR 23858 (April 30, 2004), and 77 FR 28424 (May 14, 2012) (codified at 40 CFR § 81.305 

(California—1997 8-Hour Ozone NAAQS)). 

14 See CAA §§ 182(b)(2) and (f) and 302(j).
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ICAPCD’s 2009 RACT SIP Table 3 referenced the following VOC rules for the major sources:

Rule 414: Storage of Reactive Organic Compound Liquids

Rule 415: Transfer and Storage of Gasoline 

EPA Evaluation:

We found that CalEnergy, one of the nine facilities listed in the 2009 RACT SIP as a major 

source of VOC, is currently permitted with a total annual potential to emit of 1.8 tons per year 

of benzene (VOC).15 ORMAT Nevada, Inc. was also listed as a major source of VOC in the 

2009 RACT SIP, but a regenerative thermal oxidizer was added to the facility, and the 

potential to emit is now 19.6 tons per year of VOC.

16

 Each facility’s potential to emit is now

well below the major source threshold, so neither is a major source. We also reviewed 

CARB’s emissions inventory for Imperial County, and did not find any additional relevant major 

sources that are not included in Table 3 of the RACT SIP.

VOC Rules: The two remaining major sources of VOC identified in the 2009 RACT SIP are 

GEM Resources (ORMESA, LLC) (Permit Number 2002) and SFPP, L.P. (Permit Number 

2046). SFPP is subject to two VOC rules that EPA previously approved into the California SIP: 

Rule 41417 and Rule 41518. Our previous approval of Rule 414 found that it fulfilled RACT 

requirements. We are not aware of information suggesting that additional controls are needed 

to fulfill RACT since our approval of this rule.

As discussed earlier, our previous approval of Rule 415 concluded that it satisfied RACT. 

GEM Resources is not currently subject to any VOC prohibitory rules. GEM Resources is 

subject to permit conditions which limits its annual potential to emit to 28.29 tons/year for 

VOCs and 9.94 tons/year for benzene.19 The emissions are below the major source threshold, 

so the facility is not a major source.

NOx Rules: ICAPCD identified five major sources of NOx: Imperial Irrigation District 

(Rockwood) (Permit Number 1365), Holly Sugar (Permit Number 1697), Imperial Valley 

Resource Recovery (Permit Number 1929), Imperial Irrigation District (ECGS) (Permit Number 

2152) and USG (Permit Number 2834). The District also identified the NOx rules that apply to 

 

15 Imperial County Air Pollution Control District, Authority to Construct and Permit to Operate Review, 

Permit #2000H-9 (March 4, 2015) Table 8.

16 Imperial County Air Pollution Control District, Synthetic Minor Permit Review, Permit 1641B-3 

(September 23, 2010) page 7.

17 Approved in 73 FR 70883 (November 24, 2008).

18 Approved in 70 FR 8520 (February 22, 2005).

19 Imperial County Air Pollution Control District, Conditions for Authority to Construct and Permit to 

Operate #2002I-4 (April 1, 2014).
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one or more of these sources and that EPA has approved into the California SIP: Rule 40020

Fuel Burning Equipment – Oxides of Nitrogen, Rule 400.121 Stationary Gas Turbines –

Reasonably Available Control Technology, and Rule 400.222 Boilers, Process Heaters and 

Steam Generators. Table 3 of the 2009 RACT SIP indicates that four of the five major NOx 

sources (Imperial Irrigation District (Rockwood), Holly Sugar, Imperial Valley Resource 

Recovery, and Imperial Irrigation District (ECGS) are subject to Rules 400, 400.1 and 400.2. 

Our previous approvals of Rules 400.1 and 400.2 found that they fulfilled RACT requirements. 

We are not aware of information suggesting that additional controls are needed to fulfill RACT 

since our approval of these rules. Our approval of Rule 400 did not include an evaluation of 

ozone RACT requirements. However, since each of the NOx sources subject to Rule 400 is 

also subject to at least one additional NOx rule that EPA has found to fulfill RACT 

requirements, it is not necessary to determine whether Rule 400 fulfills RACT requirements at 

this time.

Subsequent to the 2009 RACT SIP submittal, ICAPCD adopted Rule 400.423, Emissions of 

Oxides of Nitrogen from Wallboard Kilns to ensure USG, the last major NOx source listed in 

Table 3 of the 2009 RACT SIP, is subject to RACT. EPA approved it into the California SIP 

(79 FR 60070, October 6, 2014). As part of this approval, we found that Rule 400.4 fulfilled

RACT requirements. We are not aware of information suggesting that additional controls are 

needed to fulfill RACT since our approval of this rule. 

RECOMMENDATIONS

The following rules have recommendations that are provided for future consideration the next 

time the rules are open for amendment. None of these recommendations listed in the 

referenced EPA technical support documents justify less than full approval of ICAPCD’s 2009 

RACT SIP demonstration at this time.

1. Rule 400.1 Stationary Gas Turbine(s) – Reasonably Available Control Technology (RACT) –

Refer to EPA’s technical support document for ICAPCD Rule 400.1, December 2011, page 4 

for the suggested rule improvements for the next time the rule is revised.

2. Rule 400.2 Boilers, Process Heaters and Steam Generators –

Refer to EPA’s technical support document for ICAPCD Rule 400.2, April 2012, page 5 for the 

suggested rule improvements for the next time the rule is revised.

3. Rule 400.4 Emissions of Oxides of Nitrogen from Wallboard Kilns –

Refer to EPA’s technical support document for ICAPCD Rule 400.4, June 2014, page 4 for the 

added rule recommendations for the next time the rule is revised.

 

20 Approved in 68 FR 14161 (March 24, 2003)

21 Approved in 77 FR 2469 (November 18, 2012)

22 Approved in 78 FR 896 (January 7, 2013)

23 Approved in 79 FR 60070 (October 6, 2014)
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4. Rule 413 Organic Solvent Cleaning and Rule 417 Organic Solvents –

Adopt and submit for SIP approval a negative declaration for the 1977 Solvent Metal Cleaning 

and 2006 Industrial Solvent Cleaning CTGs. Consider adopting a VOC content limit of 25 g/l 

for cleaning solvents similar to other air districts.

5. Rule 415 Transfer and Storage of Gasoline –

If additional VOC reductions are needed, consider lowering the bulk gasoline terminal 

emissions limit to 0.04 pounds/1000 gallons loaded. See Bay Area AQMD Rule 8-33 section 

8-33-301.2 (effective 1/10/2011).

6. Rule 425 Aerospace Coating Operations –

Refer to EPA’s technical support document for ICAPCD Rule 425, January 2011, page 4 for 

the added rule recommendations for the next time the rule is revised.

7. Rule 426 Cutback Asphalt and Emulsified Paving Materials –

If additional VOC/NOx/PM2.5 reductions are needed, consider use of warm mix asphalt as an 

option to hot mix asphalt. See pg C-220 

http://www.valleyair.org/Air_Quality_Plans/docs/PM25-2015/C.pdf.

8. Rule 427 Automotive Refinishing Operations –

Refer to EPA’s technical support document for ICAPCD Rule 427, February 2011, page 3 for 

the added rule recommendations for the next time the rule is revised.

9. If additional VOC reductions are needed, consider adopting controls for composting 

operations similar to South Coast Rule 1133 (series) or San Joaquin Rule 4566.

SUMMARY

We concur with ICAPCD’s 2009 RACT SIP certification, including rules that were amended or 

adopted after 2009 as they fulfill the requirements for RACT for the 1997 8-hour ozone 

standard, and recommend the 2009 RACT SIP be approved.

REFERENCES

1. Imperial County Air Pollution Control District, Final 2009 Reasonably Available Control 

Technology State Implementation Plan Dated July 13, 2010, Adopted July 13, 2010; submitted 

December 21, 2010.

2. “Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard – Phase 

2” 70 FR 71612; November 29, 2005). http://www.gpo.gov/fdsys/pkg/FR-2005-11-29/pdf/05-

22698.pdf

3. ICAPCD - Supplemental to 2009 RACT SIP - Analysis of Control Technologies Guidance

(CTG) Documents, July 31, 2015.
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4. “Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air 

Quality Standards; Early Action Compact Areas With Deferred Effective Dates” – Final Rule (69 

FR 23858; April 30, 2004).

5. “Final Rule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: 

Classification of Areas That Were Initially Classified Under Subpart 1; Revision of the AntiBacksliding Provisions to Address 1-Hour Contingency Measure Requirements; Deletion of 

Obsolete 1-Hour Ozone Standard Provision” – Final Rule (77 FR 28424; May 14, 2012)

6. “State Implementation Plans, General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990” (57 FR 13498; April 16, 1992).

7. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations: Clarification to 

Appendix D of November 24, 1987 FEDERAL REGISTER, May 25, 1988, Revised January 

11, 1990 ("The Blue Book"). http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf

8. EPA Region IX’s Guidance Document for Correcting Common VOC and Other Rule 

Deficiencies, August 21, 2001 (the "Little Bluebook").

http://epa.gov/region9/air/sips/littlebluebook2001.pdf 

9. “State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for the 

Implementation of Title I of the Clean Air Act Amendments of 1990” (57 FR 55620, November

25, 1992) (“the NOx Supplement”).

10. “Model Volatile Organic Compound Rules for Reasonably Available Control Technology”, 

EPA (June 1992). http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_modelrules.pdf

11. EPA-453/R-95-010, “Beyond VOC RACT Requirements”, EPA (April 1995).

http://www.epa.gov/ttncatc1/dir1/byndract.pdf

12. RACT Qs & As – Reasonably Available Control Technology (RACT): Questions and 

Answers, May 18, 2006 Memorandum from William T. Harnett, Director, Air Quality Policy 

Division, to Regional Air Division Directors. 

http://www.epa.gov/ttn/caaa/t1/memoranda/ractqanda.pdf

13. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew Steckel) to CARB 

(Kurt Karperos) describing Region IX’s understanding of what constituted a minimally 

acceptable RACT SIP.

14. EPA's CTGs and ACTs http://www.epa.gov/groundlevelozone/SIPToolkit/ctgs.html .

15. CARB’s emissions inventory database 

http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php.

16. CARB and EPA Region IX databases of ICAPCD rules

CARB: http://www.arb.ca.gov/drdb/imp/cur.htm .
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EPA: http://epa.gov/region09/air/sips/index.html.

ICAPCD: 

http://www.co.imperial.ca.us/AirPollution/Web%20Pages/RULES%20AND%20REGULATIONS

.htm

17. ICAPCD Synthetic Minor Permit Review, 1641B-3 ORMAT Nevada Inc., September 23, 

2010.

18. ICAPCD Authority to Constrct and Permit To Operate Review, 2002I-3 Ormesa, LLC., April 

1, 2014.

19. ICAPCD Authority to Construct and Permit to Operate Review Review, #2000H-9 

CalEnergy Operating Corporation, March 4, 2015.

20. South Coast Air Quality Management District, “Technical Assessment for Rule 1108 –

Cutback Asphalt”, June 2008.