
   



                                       
                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION





                          Technical Support Document 
                                     for 
                  The EPA's Notice of Proposed Rulemaking 
                                    for the
                     California State Implementation Plan
                                       
                                       
                                       
                                       
                           The EPA's Evaluation of
                                       
                 Eastern Kern Air Pollution Control District, 
Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) For The 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)  -  Adopted May 11, 2017
                                        
                                       
                                       
                                       
                                       
                                       




                            Prepared by: Nicole Law
                                   July 2021



DOCUMENT IDENTIFICATION 

Agency:	Eastern Kern Air Pollution Control District (EKAPCD or "District")

SIP Approved Version:	There is no previous SIP-approved EKAPCD RACT SIP for the 2008 8-hour ozone standard, nor for the 1997 8-hour ozone standard.
				
Subject of this TSD:	Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) For The 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)  -  Adopted May 11, 2017

	Adopted - May 11, 2017 
	Submitted  -  August 9, 2017

Completeness Finding:   Complete by operation of law  -  February 9, 2018
								
 BACKGROUND 

Volatile organic compounds (VOC) 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. 

The Eastern Kern ozone nonattainment area was classified as Marginal effective July 20, 2012, and then in 2016 reclassified as Moderate. The California Air Resources Board (CARB) and the District requested voluntary reclassification of the nonattainment area from Moderate to Serious on October 25, 2017, and the EPA granted that request on July 5, 2018. Most recently, another request was made to voluntarily reclassify the Eastern Kern ozone nonattainment area from Serious to Severe for the 2008 Ozone NAAQS that was granted and effective July 7, 2021.  
 
Under CAA § 182(b)(2) and (f), the EKAPCD 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 VOC or NOx. The 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 technological and economic feasibility." A RACT analysis should, therefore, consider the technological and economic feasibility of controls, and may differ from source to source and location to location.


 SUBMITTAL SUMMARY  

The EKAPCD adopted its RACT SIP certification for the 2008 ozone standard on May 11, 2017, and CARB submitted it to the EPA on August 9, 2017. At the time of submittal of this RACT SIP, the Eastern Kern ozone nonattainment area was classified as "Moderate." The EPA evaluated the submittal based on the Moderate nonattainment standard, which defines a major source as those facilities that emit or have the potential to emit at least 100 tons per year (tpy) of VOC or NOx. 

The EKAPCD's submittal includes the "Eastern Kern Air Pollution Control District Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) For The 2008 Ozone National Ambient Air Quality Standards (NAAQS)," [hereinafter "2017 RACT SIP"]. 
 
The EKAPCD's analysis includes the following elements:
       RACT SIP Requirements
       Determination and evaluation of CTG Source Categories
       Determination of Non-CTG Major Source Categories
       Negative declarations
      
Further discussion is provided below.
      
 EPA EVALUATION 

The EPA evaluated the following elements of the EKAPCD submission:
 Efforts to identify non-CTG major sources within the district 
 The bases for concluding local rules implement RACT
 Negative declarations 
      
The EKAPCD submittal contained certifications that existing rules implement RACT and negative declarations. This TSD addresses the categories for which the County either certified that existing rules implement RACT or provided a negative declaration.  

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 enforceability, including "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," EPA, May 25, 1988 (The Blue Book), and "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," EPA Region 9, August 21, 2001 (the Little Bluebook). 
 "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").
 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.
 Letter dated April 4, 2006, from EPA Region IX (Andrew Steckel) to CARB (Kurt Karperos) listing the EPA's current CTGs, Alternative Control Techniques (ACTs), and other documents which may help to establish RACT.
 "Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (80 FR 12264; March 6, 2015).
 EPA's CTGs and ACTs:   https://www.epa.gov/ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques-documents-reducing
 EKAPCD and EPA Region IX databases of MCAQD and other state and district rules
 			EKAPCD: 	http://www.kernair.org/Main_Pages/Subpages/Rules_Sub/Rule_Book.html
 			EPA: 		https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-9   

The following summarizes EKAPCD actions to address RACT requirements and the EPA's evaluation of those actions.

As an overview, the 2017 RACT SIP includes an analysis of CTG source categories and the controlling EKAPCD County rules. The district determined which CTG source categories had no emitting facilities in EKAPCD and submitted a negative declaration for several CTG source categories. Additionally, the district determined which CTG source categories only had emitting facilities below the CTG threshold.  A negative declaration was also submitted for these CTG source categories. The 2017 RACT SIP also includes an analysis of the non-CTG major source categories and the accompanying EKAPCD rules.  

 Efforts to identify non-CTG major sources within the district
      
      RACT is required for source categories covered by an EPA Control Techniques Guidelines document ("CTG sources") and all "major sources" that are not covered by a CTG document. Based on Eastern Kern's ozone nonattainment classification at the time of submittal, the EPA reviewed the 2017 RACT SIP based on a "Moderate" designation for the 2008 ozone NAAQS, which indicates that non-CTG "major sources" are sources that emit or have the potential to emit at least 100 tpy of VOCs or NOx. The following section describes EKAPCD's efforts to identify non-CTG major sources and provides EPA's analysis of these actions.
      
      EKAPCD action
      
      Non-CTG major sources - The major source threshold for NOx and VOC is determined by the severity of the air pollution classification in the nonattainment area. As discussed above, the EPA evaluated EKAPCD's submittal under the Moderate nonattainment classification 2008 ozone NAAQS based on a major source definition as a source that emits or has the potential to emit at least 100 tpy of either NOx or VOC. Table 5 of EKAPCD's 2017 RACT SIP identifies the major sources of VOCs and NOx by facility name, lists the VOC and NOx potential to emit (PTE), describes the process equipment present, identifies applicable SIP rules, and determines if the process equipment falls under a CTG category. The information for non-CTG source categories is reflected in the summary table below. All the VOC emitting equipment are associated with a CTG, so those sources are not included in the following table. The submitted 2017 RACT SIP concluded that, "three District NOx rules applicable to non-CTG major sources were found to have deficiencies. The District will formally revise these rules to adequately correct their deficiencies and amend them to fulfill RACT requirements." Therefore, the 2017 RACT SIP does not claim that RACT for non-CTG major sources for NOx is met in this submittal. Subsequent submittals dated May 23, 2018, and August 22, 2018, contained the amended rules to address non-CTG major sources for NOx.
      
      Table 1  -  non-CTG Major Sources of NOx in EKAPCD
Facility Name
Facility Type
Major Source Pollutant
Potential to Emit Emissions from Major Source Pollutant
Applicable SIP Rule(s)
California Portland Cement 
Portland Cement Manufacturer
NOx
3,748 tpy
Rule 425.2 (Boilers Steam Generators, and Process Heaters)
Rule 425.3 (Portland Cement)
National Cement Company
Portland Cement Manufacturer
NOx
2,110 tpy
Rule 425.3 (Portland Cement)
Lehigh Southwest Cement Company
Portland Cement Manufacturer
NOx
12,324 tpy
Rule 425.3 (Portland Cement)
U.S. Borax
Borate Ore Mining and Processing 
NOx
771 tpy
Rule 425 (Stationary Gas Turbines)
Rule 425.2 (Boilers Steam Generators, and Process Heaters)

Edwards Air Force Base
Military Base
NOx 
29 tpy
Rule 425.2 (Boilers Steam Generators, and Process Heaters)

      
   
      EPA evaluation
      We reviewed EKAPCD's title V permitted sources, as well as recent CARB emission inventories (2017-19), in order to determine if there were any major sources of VOC potentially missing from EKAPCD's RACT SIP analysis. Because the 2017 RACT SIP does not claim that RACT for non-CTG major sources for NOx is addressed in this submittal, we are not evaluating whether RACT has been met for non-CTG major sources for NOx. While we identified certain potential VOC sources with title V permits that were not included in the District's list of major sources, we were able to determine that these sources, which are listed below, were not major for VOC or NOx and are required to obtain title V permits for source-specific requirements. 
      
 Ridgecrest Recycling and Sanitary Landfill. This facility is an active municipal solid waste landfill that does not operate any combustion equipment.  It does not have a NOx or VOC PTE greater than 100 tpy but is required by New Source Performance Standards (NSPS) subpart WWW (Standards of Performance for Municipal Solid Waste Landfills) to obtain a title V operating permit.
 Mojave Rosamond Recycling and Sanitary Landfill. The facility is an active municipal solid waste landfill that consists of landfill cells and fugitive dust sources such as storage piles and access roads. As with the Ridgecrest Landfill, this facility does not have a NOx or VOC PTE greater than 100 tpy but is required by NSPS subpart WWW to obtain a title V operating permit. 
 Tehachapi Sanitary Landfill. Similar to the two facilities listed above, this facility does not have a NOx or VOC PTE greater than 100 tpy but is required by NSPS subpart WWW to obtain a title V operating permit.
 China Lake Naval Air Weapons Station. This facility engages in the research and testing of air warfare systems for the U.S. Navy. China Lake NAWS extends across three air district jurisdictions: EKAPCD, Mojave Desert Air Quality Management District (AQMD), and Great Basin Unified Air Pollution Control District, with the majority of operations located within Mojave Desert AQMD's jurisdiction. While the equipment located within EKAPCD's jurisdiction does not have a NOx or VOC PTE greater than 100 tpy, it is still required to obtain a title V operating permit for purposes of determining title V applicability of the broader facility. Additionally, this facility is located in the attainment portion of EKAPCD and is therefore not required to meet RACT requirements. 
 Golden Queen Mining. This facility is a gold mining operation and emits hazardous air pollutants (HAPs). It does not have a NOx or VOC PTE greater than 100 tpy, but is required to obtain a title V operating permit due to the HAPs emissions and is subject to National Emissions Standards for Hazardous Air Pollutants (NESHAP) subpart EEEEEEE (NESHAP for Gold Mine Ore Processing and Production Area Source Category). 
      
      Review of the title V permitted sources and the CARB emissions inventory confirms that all the VOC major sources have been addressed and are covered by a CTG. Based on EKAPCD's major sources list in the 2017 RACT SIP and our evaluation of title V permitted sources, we conclude that EKAPCD properly identified there are no major non-CTG VOC sources requiring RACT.  The five sources identified from the title V Permit Sources list that are not identified in the 2017 RACT SIP do not have VOC PTE greater than 100 tpy.
      
 The bases for concluding local rules implement RACT 
      
      For the purpose of the 2017 RACT SIP, EKAPCD analyzed several rules to ensure that they meet current RACT. Based on this analysis, EKAPCD determined that six VOC rules for CTG sources meet RACT and three NOx RACT rules needed to be revised to meet current RACT. Accordingly, EKAPCD decided to revise those three NOx RACT rules. 
      
      Section VI., "RACT ANALYSIS," of the submitted 2017 RACT SIP contains analysis of the associated rules for the RACT source categories. Table 4 in the 2017 RACT SIP lists the CTG source categories and associated district VOC rules with the adoption and the EPA's rule approval dates. In Section VI. B., "RACT Evaluation for CTG Sources," the EKAPCD identified the following six existing SIP-approved VOC rules as meeting RACT. Each is described below with its SIP approval status and the EPA's recommended action.
      
      
 Rule 410.3 Organic Solvent Degreasing Operations (Last Revised 5/7/1998): EKAPCD concluded that Rule 410.3 meets current RACT based on comparison to the solvent cleaning CTGs, "Control of Volatile Organic Emissions from Solvent Metal Cleaning" (EPA-450/2-77-022).
            Complete  -  the EPA approved Rule 410.3 into the SIP on April 2, 1999, finding that the rule met current RACT. Accordingly, the EPA concurs that Rule 410.3 meets RACT because the requirements in Rule 410.3 are equivalent to requirements in the Solvent Metal Cleaning CTG.
            Recommended Action  -  While we understand EKAPCD is not required to meet RACT level for the 2006 Industrial Solvent Cleaning CTG because the sources do not exceed the CTG threshold, we do recommend a generally applicable VOC content limit of 50 grams VOC per liter of cleaning material be added to Rule 410.3. Other California district rules such as San Diego 67.6.1 (amended in 2002) and Bay Area 8-4 (amended in 2002) include a limit.  
      
 Rule 410.4 Metal, Plastic, and Pleasure Craft Parts and Products Coating Operations (Last Revised 3/13/2014): EKAPCD concluded Rule 410.4 meets RACT as determined by a comparison with other California district rules: SCAQMD Rule 1107 (amended 1/6/2006) and SJVAPCD Rule 4603 (amended 9/17/2009).  
            Complete  -  the EPA approved Rule 410.4 into the SIP on May 17, 2016, finding that the rule met current RACT. Accordingly, the EPA concurs that Rule 410.4 meets RACT because the requirements in Rule 410.4 are comparable to requirements in other California district rules as well as the two EPA CTGs: Control of VOC Emissions from Existing Stationary Sources-Volume VI: Surface Coating of Miscellaneous Metal Parts and Products (EPA-450/2-78-015, 1978/06) and Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-003, 2008/09).
            Recommended Action- In our May 17, 2016 approval of the rule, the EPA previously provided recommendations for rule amendments and we continue to recommend that EKAPCD to consider these revisions for the next amendment of the rule:
 Revise the Section V emission requirements to 15 lb/day or 2.7 tons per rolling 12-month period, before consideration of controls, consistent with the CTG, instead of using a less stringent calendar year basis.   
 EKAPCD's March 13, 2014 Staff Report states that the EPA previously commented that the limit for metallic/iridescent coating should be lowered from 420 to 360 g/l, consistent with SJVUAPCD and South Coast Air Quality Management District (SCAQMD) rules.  EKAPCD's staff report concludes that the District has changed Rule 410.4 consistent with EPA's recommendation. However, we do not believe this change is reflected in the submitted version of Rule 410.4. Therefore, we again recommend that the limit for metallic/iridescent coating be lowered from 420 to 360 g/l. 
 EKAPCD references recommended work practices throughout this rule. We recommend adding a section detailing these practices. For example, SJVUAPCD Rule 4603 identifies the following practices: 
 Cover mixing and storage vessels for VOC-containing materials, and cleaning waste materials except when adding, removing or mixing contents; 
 Use closed containers or pipes to store and convey VOC-containing cleaning and cleaning waste materials; 
 Minimize spills of VOC-containing cleaning waste materials; and 
 Minimize VOC emissions during cleaning operations. 
 The definition of "Pretreatment Coating or Pretreatment Wash Primer" was changed to 25% solids and 0.1% acid, from 12% solids and 0.5% acid. While we do not believe this has significant emission impacts, we recommend returning to the original definition for consistency with other EKAPCD regulations (e.g., Rule 410.8) and regulations in other California districts. 
 Adding a definition for One-Component Coating.  See, e.g., SJVUAPCD Rule 4603, Definition 3.67. 
 The CTG limit for "other substrate antifoulant coating" is 330 g/l and the limit for antifouling sealer/tie coats is 420 g/l. Both SJVUAPCD and SCAQMD have a lower limit for "other substrates."  Again, since EKAPCD has no sources in this category, there is no emissions impact at this time. However, we recommend revising Rule 410.4 in the future to be consistent with the lower limits in SJVUAPCD and SCAQMD, and in the CTG. 
      
 Rule 410.8 Aerospace Assembly and Coating Operations (Last Revised 3/13/2014): EKAPCD concluded Rule 410.8 meets RACT as determined by a comparison with SCAQMD Rule 1124 (amended 9/21/2001) and SJVAPCD Rule 4605 (amended 6/16/2011) as well as the "Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations" CTG (EPA-453/R-97-004).  
            Complete  -  the EPA approved Rule 410.8 into the SIP on May 17, 2016, finding that the rule met current RACT. Accordingly, the EPA concurs that Rule 410.8 meets RACT.  
            Recommended Action- In our May 17, 2016 approval of the rule, the EPA previously provided recommendations for several editorial and administrative rule amendments.  We continue to recommend EKAPCD make these revisions in the Technical Support Document associated with the EPA's approval of Rule 410.8.

 Rule 410.9 Wood Products Surface Coating Operations (Last Revised 3/13/2014): EKAPCD concluded Rule 410.9 meets RACT as determined by a comparison with the other California district rules: SCAQMD Rule 1136 (amended 6/4/1996) and SJVAPCD Rule 4606 (amended 10/16/2008).  
            Complete  -  the EPA approved Rule 410.9 into the SIP on June 16, 2016, finding that the rule met current RACT. Accordingly, the EPA concurs that Rule 410.9 meets RACT as determined by a comparison with the EPA's CTG, "Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations" (EPA-453/R-96-007).  
            Recommended Action- In our June 16, 2016 approval of the rule, the EPA previously provided recommendations for rule amendments. We continue to recommend EKAPCD make this revision for the next amendment of the rule:
 Consistent with the CTG, we recommend the addition of an operator training program for work practices. 

 Rule 412 Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk Plants (Last Revied 5/6/1991): EKAPCD concluded Rule 412 meets RACT because the rule implements standards set by CARB.  
            Complete  -  the EPA approved Rule 412 into the SIP on February 15, 1995, finding that the rule met current RACT. Accordingly, the EPA concurs that Rule 412 continues to meet RACT and contains control requirements equivalent to EPA's two CTGs, "Design Criteria for Stage I Vapor Control Systems- Gasoline Service Stations" (EPA-450/R-75-102) and "Control of VOC Leaks form Gasoline Tank Trucks and Vapor Collection Systems (EPA-450/2-78-051).
            Recommended Action- Since it has been several years since Rule 412 has been amended, we recommend the District update Rule 412 to remove expired exemptions in sections III.A.3. and III.B, specify what records are required to be obtained and for how long, and update the compliance schedule section. 
            

 Rule 412.1 Transfer of Gas to Vehicle Fuel Tanks (Last Revised 11/9/1992): EKAPCD concluded Rule 412.1 meets RACT because the rule requires dispensing units be equipped with a CARB-Certified Phase II Vapor Recovery System.    
            Complete  -  the EPA approved Rule 412.1 into the SIP on October 7, 1996, but did not evaluate for RACT because the rule does not cover a CTG source category. Accordingly, the EPA has not evaluated this rule for RACT for this action.
            Recommended Action- None

      The District also identified the following three rules in section VI. C. RACT Evaluation for Non-CTG Major Sources, concluding they need to be revised to meet RACT.  
       
             Rule 425 Cogeneration Gas Turbine Engines (Last Adopted 8/19/1993): EKAPCD identified more stringent requirements in other California district rules from San Diego Air Pollution Control District (SDAPCD) and Bay Area Air Quality Management District (BAAQMD) and proposed to amend Rule 425 for RACT deficiencies. 
            To be addressed in a separate action  - This amended rule was submitted in a separate submittal on May 23, 2018, and we will address the rule and the RACT certification for major source NOx in a separate action.
      
             Rule 425.2 Boilers, Steam Generators, and Process Heaters (Last Amended 7/10/1997): EKAPCD identified more stringent requirements in other California district rules such as SDAPCD Rule 69.2 and BAAQMD Rule 9-7 and proposed to amend Rule 425.2 for RACT deficiencies. 
            To be addressed in a separate action  -  This amended rule was submitted in a separate submittal on August 22, 2018, and we will address the rule and the RACT certification for major source NOx in a separate action.
            
             Rule 425.3 Portland Cement Kilns (Last Adopted 10/13/1994): EKAPCD identified more stringent requirements in other California nonattainment areas and proposed to amend Rule 425.3 for RACT deficiencies.
            To be addressed in a separate action  -  This amended rule was submitted in a separate submittal on August 22, 2018, and we will address the rule and the RACT certification for major source NOx in a separate action.

 Negative declarations where there are no facilities subject to a CTG
      
      In lieu of adopting RACT rules, districts may adopt negative declarations for CTG source categories if there are no sources in the district covered by the CTG. Negative declarations are not required for Alternative Control Techniques Documents (ACTs). 
      
      EKAPCD Action
      The District reviewed its permit records and emission inventory database and consulted with permitting and enforcement staff to determine if there were sources subject to CTG categories within EKAPCD's jurisdiction. They determined that 31 CTG source categories listed in Table 6 of the 2017 RACT SIP had no sources located within the District's nonattainment area and that 2 CTG source categories had no sources located in the District's nonattainment area with emissions exceeding the applicability threshold of the specified CTG source category. EKAPCD adopted negative declarations for the CTG source categories in Table 2 below. 
      

 Table 2 - EKAPCD Negative Declarations

 CTG Source Category
CTG Reference Document Title
Document Number and Date



Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks 

Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks 

(EPA-450-2-77-008, 1977/05) 

Petroleum Refineries
Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds 

(EPA-450/2-77-025, 1977/10)
Tank Trucks Gasoline Loading Terminals
Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals 

(EPA-450/2-77-026, 1977/10)
Surface Coating of Metal Furniture
Control of VOC Emissions from Existing Stationary Sources  -  Volume III: Surface Coating of Metal Furniture 

(EPA-450/2-77-032, 1977/12)
Surface Coating for Insulation of Magnet Wire
Control of Volatile Organic Emissions from Existing Stationary Sources- Volume IV: Surface Coating of Insulation of Magnet Wire
(EPA-450/2-77-033, 1977/12) 

Surface Coating of Large Appliances 
Control of VOC Emissions from Existing Stationary Sources  -  Volume V: Surface Coating of Large Appliances 
(EPA-450/2-77-034, 1977/12)
Bulk Gasoline Plants 
Control of VOC Emissions from Bulk Gasoline Plants 
(EPA-450/2-77-035, 1977/12)
Storage of Petroleum Liquids in Fixed-Roof Tanks 
Control of VOC Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks 
(EPA-450/2-77-036, 1977/12)
Cutback Asphalt from Paving Operation 
Control of VOC Emissions from Use of Cutback Asphalt 
(EPA-450/2-77-037, 1977/12)
Surface Coating of Flat Wood Paneling 
Control of VOC Emissions from Existing Stationary Sources  -  Volume VII: Factory Surface Coating of Flat Wood Paneling 
(EPA-450/2-78-032, 1978/06)
Leaks from Petroleum Refinery Equipment 
Control of VOC Leaks from Petroleum Refinery Equipment 
(EPA-450/2-78-036, 1978/06)
Synthesized Pharmaceutical Products 
Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products 
(EPA-450/2-78-029, 1978/12)
Manufacture of Pneumatic Rubber Tire 
Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires 
(EPA-450/2-78-030, 1978/12)
Graphic Arts 
Control of VOC Emissions from Existing Stationary Sources  -  Volume VIII: Graphic Arts-Rotogravure and Flexography 
(EPA-450/2-78-033, 1978/12)
Storage of Petroleum Liquids in External Floating Roof Tanks 
Control of VOC Emissions from Petroleum Liquid Storage in External Floating Roof Tanks 
(EPA-450/2-78-047, 1978/12)
Large Petroleum Dry Cleaners 
Control of VOC Emissions from Large Petroleum Dry Cleaners 
(EPA-450/3-82-009, 1982/09)
Polymers and Resins Manufacturing Industry 
Control of VOC Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins 
(EPA-450/3-83-008, 1983/11)
Equipment Leaks from Natural Gas/Gasoline Processing Plants 
Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants 
(EPA-450/3-83-007, 1983/12)
Equipment Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment 
Control of VOC Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment 
(EPA-450/3-83-006, 1984/03)
Synthesized Pharmaceutical Products
Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products
(EPA-450/2-78-029, 1978/12) 
 
Synthetic Organic Chemical Manufacturing Industry 
Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry 
(EPA-450/3-84-015, 1984/12)
Synthetic Organic Chemical Manufacturing Industry 
Control of VOC Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry 
(EPA-450/4-91-031, 1993/08) 

Shipbuilding and Ship Repair Operations 
Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) 
(61 FR 44050 8/27/1996, 1996/08)
Industrial Cleaning Solvents 
Control Techniques Guidelines for Industrial Cleaning Solvents 
(EPA-453/R-06-001, 2006/09)
Offset Lithographic and Letterpress Printing 
Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing 
(EPA-453/R-06-002, 2006/09)
Flexible Package Printing 
Control Techniques Guidelines for Flexible Package Printing 
(EPA-453/R-06-003, 2006/09)
Flat Wood Paneling Coatings 
Control Techniques Guidelines for Flat Wood Paneling Coatings 
(EPA-453/R-06-004, 2006/09)
Paper, Film, and Foil Coatings 
Control Techniques Guidelines for Paper, Film, and Foil Coatings 
(EPA-453/R-07-003, 2007/09)
Large Appliance Coatings 
Control Techniques Guidelines for Large Appliance Coatings 
(EPA-453/R-07-005, 2007/09)
Metal Furniture Coatings 
Control Techniques Guidelines for Metal Furniture Coatings 
(EPA-453/R-07-005, 2007/09)
Fiberglass Boat Manufacturing 
Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials 
(EPA-453/R-08-004, 2008/09)
Miscellaneous Industrial Adhesives 
Control Techniques Guidelines for Miscellaneous Industrial Adhesives 
(EPA-453/R-08-005, 2008/09)
Automobile and Light-Duty Truck Assembly Coatings 
Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings 
(EPA-453/R-08-006, 2008/09)
Oil and Natural Gas Industry* 
Control Techniques Guidelines for the Oil and Natural Gas Industry 
(EPA-453/B-16-001, 2016/10)
   *The negative declaration for Oil and Natural Gas Industry was approved in a separate action on January 14, 2021 (86 FR 3816). 
      
      EPA Evaluation
      The District certified that it examined its permit files, emissions inventory, and other documentation and determined that there are either no sources or only sources below the CTG threshold in the CTG source categories listed in the District's negative declarations.  
      
      The EPA searched California Emissions Inventory data for EKAPCD and verified that there did not appear to be facilities in the EKAPCD subject to the remaining CTG categories. Accordingly, we conclude that the submitted negative declarations are consistent with the relevant policy and guidance. 



 EPA ACTIONS ON OTHER EKAPCD RACT SIP ELEMENTS

This proposal is one of three EPA actions on the EKAPCD 2017 RACT SIP submittal. These actions are as follows:

 On January 14, 2021, the EPA approved EKAPCD's negative declaration for the CTG category associated with the Oil and Natural Gas Industry (EPA-453/B-16-001). We assessed internet sites for California's Department of Conservation Geologic Energy Management Devisions (CalGEM) Well Finder, CARB's pollution mapping tool, and the California Energy Commission's California Natural Gas Pipelines and determined there were no oil and gas operations within EKAPCD's jurisdiction convered by the Oil and natural Gas CTG.  
 The amended rules for major source NOx were submitted separately on May 23, 2018, and August 22, 2018. These rules and the RACT certification for major source NOx will be addressed in a separate action.
 This action, which is acting on the remaining elements of the 2017 RACT SIP. 

 CONCLUSION
      
Based on our evaluation, the EPA staff recommends proposing approval of the 2017 RACT SIP for the RACT demonstration for all source categories except those identified in section IV.1 and IV.2, above, which are or will be covered in separate actions.  

We recommend an approval of the submitted 2017 RACT SIP for sources associated with the following CTGs, because EKAPCD has demonstrated that SIP-approved rules regulating these sources implement RACT levels of control: "Design Criterial for Stage I Vapor Control Systems- Gasoline Service Stations (EPA-450/R-75-102), "Control of Volatile Organic Emissions from Solvent Metal Cleaning" (EPA-450/2-77-022), "Control of Volatile Organic Emissions from Existing Stationary Sources- Volume VI: Surface Coating of Miscellaneous Metal Parts and Products" (EPA-450/2-78-015), "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems" (EPA-450/2-78-051), "Control Technique Guidelines for Miscellaneous Metal and Plastic Parts Coatings" (EPA-453/R-08-003), "Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations" (EPA-453/R-96-007), and "Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations" (EPA-453/R-97-004).

Finally, we recommend proposing approval for the RACT requirement for major non-CTG VOC sources. The EKAPCD has identified all major sources of NOx and VOCs in the county within the nonattainment area. For VOCs, EKAPCD has determined all the major sources of VOC operate in CTG source categories and have a SIP-approved RACT level rule covering these major sources. EKAPCD does not contain any major non-CTG VOC sources and we recommend approval of a negative declaration for the major non-CTG VOC category. 

For major NOx sources, although EKAPCD has identified the appropriate universe of sources, it has submitted separate submittals to address RACT. The RACT requirement for major NOx sources is addressed in submittals from May 23, 2018, and August 22, 2018, and we are not acting on the RACT requirement for major NOx sources in this action. 

Table 3 below lists the CTGs, how EKAPCD addressed this category in their 2017 RACT SIP submittal--indicating the rule or negative declaration corresponding to the CTG, and the EPA's proposed action for the source category, for those categories included within this rulemaking. Table 4 indicates whether major non-CTG VOC and NOx sources in the EKAPCD are regulated by RACT rules.

      
Table 3  -  List of CTG Categories  -  2008 ozone NAAQS

EPA document #
CTG Source Category
                            Rule # claimed as RACT
                        Negative Declaration Submitted
                              EPA proposed action
EPA-450/R-75-102

Design Criteria for Stage I Vapor Control Systems  -  Gasoline Service Stations
                                   Rule 412
                                       
                                   Approval
EPA-450/2-77-008
Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume II: Surface Coating of Cans 
                                        
                                       X
                                   Approval
EPA-450/2-77-008
Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume II: Surface Coating of Coils
                                       
                                       X
                                   Approval
EPA-450/2-77-008
Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume II: Surface Coating of Paper 
                                       
                                       X
                                   Approval
EPA-450/2-77-008
Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume II: Surface Coating of Fabrics 
                                       
                                       X
                                   Approval
EPA-450/2-77-008
Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume II: Surface Coating of Automobiles, and Light-Duty Trucks 
                                       
                                       X
                                   Approval
EPA-450/2-77-022

Control of Volatile Organic Emissions from Solvent Metal Cleaning 
                                  Rule 410.3
                                       
                                       
                                   Approval
EPA-450/2-77-025

Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds 
                                       
                                       X
                                   Approval
EPA-450/2-77-026

Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-77-032

Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume III: Surface Coating of Metal Furniture 
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-77-033

Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume IV: Surface Coating of Insulation of Magnet Wire 
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-77-034

Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume V: Surface Coating of Large Appliances 
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-77-035

Control of Volatile Organic Emissions from Bulk Gasoline Plants
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-77-036

Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-77-037

Control of Volatile Organic Emissions from Use of Cutback Asphalt 
                                       
                                       X
                                   Approval
EPA-450/2-78-015

Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume VI: Surface Coating of Miscellaneous Metal Parts and Products 
                                   Rule 410.4
                                       
                                   Approval
EPA-450/2-78-029

Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products
                                       
                                       X
                                   Approval
EPA-450/2-78-030

Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires
                                       
                                       X
                                   Approval
EPA-450/2-78-032

Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume VII: Factory Surface Coating of Flat Wood Paneling 
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-78-033

Control of Volatile Organic Emissions from Existing Stationary Sources  -  Volume VIII: Graphic Arts-Rotogravure and Flexography
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-78-036

Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-78-047

Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks
                                       
                                       X
                       Approval of negative declaration
EPA-450/2-78-051

Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems
                                   Rule 412
                                       
                                   Approval
EPA-450/3-82-009

Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners
                                       
                                       X
                       Approval of negative declaration
EPA-450/3-83-006

Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment
                                       
                                       X
                       Approval of negative declaration
EPA-450/3-83-007

Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants 
                                       
                                       X
                       Approval of negative declaration
EPA-450/3-83-008

Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins 
                                       
                                       X
                                   Approval
EPA-450/3-84-015

Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry
                                       
                                       X
                                   Approval
EPA-450/4-91-031

Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry
                                       
                                       X
                                   Approval
EPA-453/R-06-001
Control Techniques Guidelines for Industrial Cleaning Solvents
                                       
                                       X
                                   Approval
EPA-453/R-06-002
Control Technology Guidelines for Offset Lithographic Printing and Letterpress Printing
                                       
                                       X
                       Approval of negative declaration
EPA-453/R-06-003
Control Techniques Guidelines for Flexible Package Printing
                                       
                                       X
                       Approval of negative declaration
EPA-453/R-06-004
Control Technique Guidelines for Flat Wood Paneling Coatings
                                       
                                       X
                       Approval of negative declaration
EPA-453/R-07-003
Control Techniques Guidelines for Paper Coatings
                                       
                                       X
                                   Approval
EPA-453/R-07-003
Control Techniques Guidelines for Film Coatings
                                       
                                       X
                                   Approval
EPA-453/R-07-003
Control Techniques Guidelines for Foil Coatings
                                       
                                       X
                                   Approval
EPA-453/R-07-004
Control Techniques Guidelines for Large Appliance Coatings
                                       
                                       X
                       Approval of negative declaration
EPA-453/R-07-005
Control Techniques Guidelines for Metal Furniture Coatings
                                       
                                       X
                       Approval of negative declaration
EPA-453/R-08-003
Control Technique Guidelines for Miscellaneous Metal and Plastic Parts Coatings
                                  Rule 410.4
                                       
                                   Approval
EPA-453/R-08-004
Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials
                                       
                                       X
                                   Approval
EPA-453/R-08-005
Control Techniques Guidelines for Miscellaneous Industrial Adhesives 
                                       
                                       X
                                   Approval
EPA-453/R-08-006
Control Techniques Guidelines for Automobile and Light-duty Truck Assembly Coatings
                                       
                                       X
                       Approval of negative declaration
EPA-453/R-96-007

Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations
                                   Rule 410.9
                                       
                                   Approval
EPA-453/R-94-032


Alternative Control Technology Document  -  Surface Coating Operations at Shipbuilding and Ship Repair Facilities CTG, see 61 FR-44050, 8/27/96
                                       
                                       X
                                   Approval
61 FR-44050 -8/27/96
Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating)
                                       
                                       X
                       Approval of negative declaration
EPA-453/R-97-004


Control of VOC Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations
                                  Rule 410.8
                                       
                                   Approval
EPA-453/B-16-001
Control Techniques Guidelines for the Oil and Natural Gas Industry
                                       
                                       X
                                      N/A

Table 4 - RACT for Major non-CTG VOC/NOx Sources in EKAPCD  -  2008 ozone NAAQS
     
Category
                      Major non- CTG sources in District?
                Covered by SIP-Approved RACT-Level EKAPCD Rules
                              EPA proposed action
Major non-CTG VOC sources
                                  None listed
                                      N/A
                                   Approval 
Major non-CTG NOx sources
                                      Yes
                                      No
                                      N/A
      
             
 REFERENCES 
      
 "Eastern Kern Air Pollution Control District Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) For The 2008 Ozone National Ambient Air Quality Standards (NAAQS)," Adopted May 11, 2017 and Submitted to the EPA on August 9, 2017. 

 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.
      
 RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs, ACTs, and other documents that may help to establish RACT.
      
 RACT Qs & As  -  Reasonably Available Control Technology (RACT): Questions and Answers, May 18, 2006 Note from William T. Harnett, Director, Air Quality Policy Division, to Regional Air Division Directors. https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20060518_harnett_ract_q&a.pdf    
      
 "Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard  -  Phase 2" (70 FR 71612; November 29, 2005).
      
 "Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (80 FR 12264; March 6, 2015).

 "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 	http://archive.epa.gov/ttn/ozone/web/pdf/voc_bluebook.pdf

 "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., 	Little Bluebook), EPA Region 9, August 21, 2001 	http://www.arb.ca.gov/drdb/lbb2001.pdf
      
 "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).

 "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").

 EPA's CTGs and ACTs https://www.epa.gov/ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques-documents-reducing 
      
 EKAPCD and EPA Region IX databases of MCAQD and other state and district rules
 			EKAPCD: 	http://www.kernair.org/Main_Pages/Subpages/Rules_Sub/Rule_Book.html
 			EPA: 		https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-9   
