PROPOSAL:
Amend Rule 1132 – Further Control of VOC Emissions from High-Emitting Spray Booth Facilities
SYNOPSIS:
Proposed Amended Rule 1132 corrects a SIP deficiency regarding Executive Officer discretion in the Alternative Compliance Plan section of the rule and clarifies and improves compliance determination.
COMMITTEE:
Stationary Source, January 23, 2004, Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
- Certifying the CEQA Notice of Exemption (NOE) for the proposed amendments.
- Amending Rule 1132 – Further Control of VOC Emissions from High-Emitting Spray Booth Facilities.
Barry R. Wallerstein, D.Env.
Executive Officer
Background On January 19, 2001, the Board adopted Rule 1132 –
Further Control of VOC Emissions from High-Emitting Spray Booth Facilities
to reduce emissions of volatile organic compounds (VOC) from facilities that
operate spray booths, and have either reported or will report an emissions
inventory of more than 20 tons per year beginning in 1999 or thereafter. The
current rule requires independent spray booth VOC emissions to be reduced
through the use of add-on control systems by at least 65 percent, or to
reduce coating VOC contents by at least 65 percent as compared to other
applicable source specific standards in place as of January 19, 2001, or to
use a combination of add-on control and coating reformulation to reduce
emissions by at least 65 percent. Three alternative compliance options to
the above are also offered. The first option directs composite manufacturing
facilities to demonstrate a 65 percent emission reduction in VOCs, compared
to Rule 1162 requirements in effect as of January 19, 2001, through the use
of higher transfer efficiency equipment, lower monomer content and other
undefined pollution prevention techniques of paragraph (d)(1). The second
option to alternative compliance allows 6 months additional time to reduce
emissions, coating VOC content, or a combination of the two, but requires 85
percent control per spray booth (paragraph (d)(2)). Lastly, the rule allows
the implementation of facility-wide emission reduction measures as an
alternative compliance option, provided such measures result in a 71.5
percent emissions reduction (paragraph (d)(3)). On March 8, 2002, the U.S.
EPA proposed a limited approval and disapproval of Rule 1132 in the SIP
because paragraphs (d)(1) and (d)(3) do not conform to section 110, part D
of the Clean Air Act. This action was finalized on September 13, 2002.
Specifically, U.S. EPA cites that the Executive Officer’s discretion to
approve alternative compliance lacks specificity. The AQMD has 18 months
from the effective date of U.S. EPA’s action to correct these SIP
deficiencies to avoid sanctions. In this case, the effective date is October
15, 2002 and the final SIP correction date is April 15, 2004. To address
EPA’ s concerns, staff is recommending that paragraph (d)(3) be rewritten to
allow a facility to submit an alternative proposal that obtains equivalent
reductions to the AQMD, CARB and EPA for approval. The 10 percent additional
reduction language would be removed. Thus, each plan would be evaluated on a
cases-by-case basis. During the evaluation, it would be determined whether
the proposal is subject to EPA’s EIP and whether an additional 10 percent
environmental benefit reduction must be applied. Since the SIP submitted to
EPA did not include VOC reductions for the required additional 10 percent of
paragraph (d)(3), this revised rule language does not result in a loss of
emissions and therefore is not a rule relaxation. Staff is also
recommending the use of approved emission factors for open molding of
composites, in combination with usage factors, to correct the SIP deficiency
for composite manufacturing facility alternative compliance. The use of
these factors is recommended with the exception of the factor for gelcoat
non-atomizing application, because there is uncertainty in the operating
parameters that must be used to assure that the non-atomized gecoat
application equipment will achieve the emission factor. Staff is
recommending the allowance of the specific emission factors associated with
the non-atomized application of gelcoat, only if an approved source test is
conducted that demonstrates compliance with the table values. Under the
current rule language, the AQMD can require appropriate source testing,
thus, the addition of this provision does not significantly affect the
meaning of the rule. With these two alternative compliance corrections, CARB
and U.S. EPA will reconsider the limited disapproval of Rule 1132. However,
the U.S. EPA must approve this SIP correction by April 15, 2004, for the
AQMD to avoid sanctions authorized by the Federal Clean Air Act. Other Issue
Rule 1136 – Wood Products Coatings establishes VOC content limits both in
terms of pounds of VOC per pound of solids and grams per liter of coating,
less water and less exempt compounds. Rule 1132 requires a 65 percent
reduction in VOC content. To clarify the 65 percent reduction required for
wood finishes is based upon a pound of VOC per pound of solids basis but may
be expressed in equivalent grams of VOC per liter of coating, less water and
less exempt compounds, Appendix A of the staff report shows the values in
both units of measurements. Legislative Authority The California
legislature created the AQMD in 1977 (The Lewis-Presley Air Quality
Management Act, Health and Safety Code Section 40400 et seq.) as the agency
responsible for developing and enforcing air pollution control rules and
regulations in the South Coast Basin (Basin). By statute, the AQMD is
required to adopt an AQMP demonstrating compliance with all state and
federal ambient air quality standards for the Basin [California Health and
Safety Code Section 40460(a)]. Furthermore, the AQMD must adopt rules and
regulations that carry out the AQMP [California Health and Safety Code
Section 40440(a)]. Proposal In order to correct the SIP
deficiency, staff is recommending revising the alternative compliance plan
option under paragraph (d)(3), to offer alternative compliance measures to
industry that result in equivalent emission reductions. These measures need
approval by AQMD, CARB and EPA. Staff is also recommending the use of
approved emission factors for open molding of composites, in combination
with usage factors, to correct for lack of specificity of paragraph (d)(1)
regarding subject composite manufacturing facility demonstrations of VOC
emission reductions of at least 65 percent below Rule 1162 requirement in
effect as of January 19, 2001. However, the use of factors for gelcoat
non-atomizing applications are subject to verification by approved source
tests. California Environmental Quality Act (CEQA) Analysis
Pursuant to CEQA and the AQMD’s Certified Regulatory Program (Rule 110),
staff has prepared a Notice of Exemption (NOE) for Proposed Amended Rule
1132 – Further Control of VOC Emissions from High-Emitting Spray Booth
Facilities. The NOE concluded that the proposed amendments to Rule 1132
could not have any significant adverse effect on the environment. The NOE is
included as part of the attached package for the public hearing on the
proposed amendments. Socioeconomic Assessment
The proposed amendment to Rule 1132 will not result in increased costs to
the affected industries and, therefore, will have no socioeconomic impact.
Accordingly, a socioeconomic analysis is not included with this proposal.
AQMP and Legal Mandates
The California Health and Safety Code requires the AQMD to adopt an AQMP
to meet state and federal ambient air quality standards in the Basin. In
addition, the California Health and Safety Code requires that the AQMD adopt
rules and regulations that carry out the objectives of the AQMP. Rule 1132
originally implemented Phase I of Control Measure CTS-09 that is part of the
1999 Amendments to the 1997 Ozone State Implementation Plan for the South
Coast Air Basin. The proposed amendment to Rule 1132 does not have a
significant impact on air quality or emissions limitations and, therefore,
has no affect on emission reductions obtained by this rule upon its
adoption, and consequently does not affect the ozone attainment strategy
outlined in the AQMP.
Implementation Plan
Current implementation programs are adequate to implement the proposed
amendments.
Resource Impact
Adoption of Proposed Amended Rule 1132 will have no budgetary impacts.
Attachments
- Summary of Proposal
- Resolutions
- Key Contacts
- Proposed Rule Language
- Notice of Exemption
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