           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
                                       
           San Joaquin Valley Unified Air Pollution Control District
                                       
                            Rule 4103, Open Burning













                            Prepared by Al Petersen

                          Approved by Andrew Steckel
                                       
                                 May 28, 2009



San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)

Submitted Rule
* SJVUAPCD Rule 4103, Open Burning (amended on May 17, 2007, submitted on April 6, 2009, submittal determined complete on May 13, 2009).

There are no other submitted versions on which EPA has not acted.			

Applicable SIP Rule
* SJVUAPCD Rule 4103, Open Burning (originally adopted on June 18, 1992, SIP rule amended on May 19, 2005, submitted on October 20, 2005, approved on April 11, 2006, 71 FR 18216).

Purpose of Rule Amendments                 
The purpose of the SJVUAPCD Rule 4103 amendments are as follows:
* 4103.3.0: Definitions have been added or revised to improve the clarity of the rule.
* 4103.5.5.2.3: This section is added to allow the issuance of burn permits for up to 50% per year of the rice stubble planted in the years between June 1, 2010, and June 1, 2015, excluding the amount of material that may be burned pursuant to 5.5.2.4. 
* 4103.5.5.2.4: This section is added to allow the issuance of burn permits for burning until June 1, 2015, of residual rice stubble, spot burning of rice stubble, and burning of weeds and vegetative materials on rice field levees and banks.  
* 4103.5.5.3: This section is added to prohibit burning beginning June 1, 2007, of orchard removal materials from all crops, except for orchard removal from citrus, apples, pears, quince, figs, and orchard removal from a total of 20 acres or less per single location.  
* 4103. 5.5.3.1: This section is added to prohibit burning beginning June 1, 2010, of orchard removal matter from citrus, apples, pears, quince, and figs.
* 4103. 5.5.3.2: This section is added to prohibit burning beginning June 1, 2010, of orchard removal matter from a total of 20 acres or less per single location.  This provision does not apply if more than 20 acres are removed in a single year.
* 4103.5.8: This section on burning of tumbleweeds is revised to clarify how the District historically implemented this provision.

Rule Evaluation       
Generally, SIP rules must be enforceable (see section 110(a) of the CAA) and must not relax existing requirements (see sections 110(l) and 193).  Section 189(b) of the CAA requires serious nonattainment areas with significant PM-10 sources to adopt best available control measures (BACM), including best available control technology (BACT).  BACM/BACT is not required for source categories that are not significant.  See 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).  There are no specific BACM/BACT or RACM/RACT requirements for attainment areas (not including maintenance attainment areas).  San Joaquin Valley was formerly a serious PM-10 nonattainment area that has achieved attainment ahead of schedule on November 12, 2008 (73 FR 66759).  San Joaquin Valley is therefore a maintenance attainment area for PM-10.  SJVUAPCD continues to fulfill the requirements of BACM/BACT for Rule 4103 in order to prevent returning to PM-10 nonattainment.  

SIP Rules must require Reasonably Available Control Technology (RACT) for each category of volatile organic compound (VOC) sources covered by a control technique guideline (CTG) document as well as each major VOC source in nonattainment areas (see section 182(a)(2).  RACT requirements are extended to oxides of nitrogen (NOX) (see section 182(f)).  Other existing sources in the area must also fulfill RACT (see section 172(c)).  The SJVUAPCD regulates an 8-hr extreme ozone nonattainment area (see 40 CFR part 81) and must fulfill the requirements of RACT with respect to VOC and NOX.

The District intends by revision of this rule to satisfy the State requirements in California Health and Safety Code (H&SC) 41855.5 and 43855.6.  These requirements are for the prohibition of burning of certain categories of orchard agricultural waste commencing on certain specified dates, with an allowance under certain conditions for the postponement of prohibition to future dates.  In addition, the revisions of this rule implement Phase III of the open burning control measure listed in the District's 2007 Ozone Plan.  See guidance document 5.

The amendments to SJVUAPCD Rule 4103 Section 5.5 incorporate the burn prohibitions required in H&SC 43855.5.  H&SC 43855.6 allows postponement of the burn prohibition deadlines if all of the following criteria are met:
(a) The district determines that there is no economically feasible alternative means of eliminating the waste.
(b) The district determines that there is no long-term federal or state funding commitment for the continued operation of biomass facilities in the San Joaquin Valley or development of alternatives to burning.
(c) The district determines that the continued issuance of permits for that specific category or crop will not cause, or substantially contribute to, a violation of an applicable federal ambient air quality standard.
(d) The state board concurs with the district's determinations pursuant to this section.

The SJVUAPCD is exercising the authority in H&SC 43855.6 to allow the issuance of burn permits until June 1, 2010, for orchard removal matter from citrus, apples, pears, quince, and fig crops, and from a total of 20 acres or less at a single location.  The District is also incorporating a phased schedule until June 1, 2015, for the burn prohibition for rice stubble.  The District has determined that, for these categories, there is no feasible alternative that would allow the District to completely prohibit burning at this time, and has made a demonstration that the criteria of H&SC 43855.6 have been met.  

BACM/BACT Demonstration for Rule 4103
The SIP Rule 4103 was approved as a BACM/BACT rule on April 11, 2006 (71 FR 18216).  We believe that the revised SJVUAPCD Rule 4103 continues to fulfill the requirements of BACM/BACT.  The rule is generally more stringent than similar rules in other Districts (South Coast AQMD Rule 444, Maricopa County AQD Rule 314, Sacramento Metropolitan AQMD Rule 417, and Great Basin APCD Rule 406).  The prohibition revisions added in this action are not present in any of the other District rules cited.  An analysis of the feasibility of the implementation of the prohibitions is included in the SJVUAPCD Staff Report submitted with Rule 4103.  See docket number EPA-R09-OAR-2009-0272.  The revised rule fulfills the requirements of BACM/BACT. 

RACT Demonstration for Rule 4103
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 document 6.
   
In summary, SJVUAPCD found the following for Rule 4103: 
* There is no national guidance (CTG or ACT) or regulation (NSPS, NESHAP, or MACT) to help define RACT for this category.
* Similar requirements are imposed in other large California nonattainment areas.
   
We concur with SJVUAPCD's finding that Rule 4103 implements RACT for reasons including:
* The lack of relevant national guidance or regulation suggests that EPA believes state/local regulations for the activity are generally appropriate.
* 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 emissions from this activity.  

Guidance Documents
The following guidance documents were used in the evaluation of Rule 4103:
   1. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, U.S. EPA, 40 CFR part 51.
   2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA (May 25, 1988).  [The Bluebook]
   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. PM-10 Guideline Document (EPA-452/R-93-008).
   5. 2007 Ozone Plan, San Joaquin Valley Air Pollution Control District (April 30, 2007). http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm
   6. RACT Demonstration for Ozone SIP, San Joaquin Valley Air Pollution Control District (April 16, 2009). http://www.valleyair.org/Workshops/public_workshops_idx.htm#8hrOzoneRactSIP%2004-16-10







Recommended Action
The submitted Rule 4103 is enforceable, fulfills the requirements of BACM/BACT, fulfills the requirements of RACT, and improves the SIP.  EPA staff recommends full approval under section 110(k) of the CAA of the following rule for incorporation into the California SIP to replace the existing SIP rule cited above:
* SJVUAPCD Rule 4103, Open Burning (amended on May 17, 2007, submitted on April 6, 2009).

Attachments 
1. Submitted SJVUAPCD Rule 4103.
2. SIP-Approved SJVUAPCD Rule 4103.
3. SJVUAPCD RACT SIP Demonstration for Rule 4103.

