2013 epa reg agenda

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EPA Regulatory Agenda 2013:A Regulatory Roadmap

While every effort has been made to ensure the accuracy of this information, SC&A is not responsible for any errors or omissions. This information is not a substitute for professional environmental consulting services. If legal services are required, consult with legal counsel.

Andrew D. Shroads, QEPRegional Director

P.O. Box 1276 • Westerville, OH 43086) (614) 887-7227 • 8 ashroads @ scainc.com

sc&a, inc.

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What is the Regulatory Agenda?

Environmental Protection Agency (EPA) Regulatory AgendaTwice a year, federal agencies publish on the internet a list of important regulatory actions currently being consideredRequired by Executive Order and several public laws (e.g. Regulatory Flexibility Act, Unfunded Mandates Act)Includes new regulations and de-regulationFour categories of actions:1. Long-term action: EPA is thinking about regulating2. Pre-rule stage: EPA is assessing need for a regulation3. Proposed rule stage: Expected proposed rules4. Final rule stage: Expected final rulesRetrospective review: periodic review of existing regulationsRegulatory review: review required by statute

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Where is EPA going?

2 4 45

7

8

1112

244

Number of Regulations

GHGTest MethodVOCODSNAAQSPermittingNSPSMobileNESHAPOther

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Mandatory Reviews

5-year Review (Clean Air Act)National Ambient Air Quality Standards

8-year Review (Clean Air Act)New Source Performance StandardsNational Emissions Standards for Hazardous Air Pollutants (Part 63 only)

Retrospective ReviewMandated by Executive Order 13563Independent of CAA RevisionsFocuses on the program (e.g. NSPS), rather than the subpart

• NAAQS• NSPS• NESHAP (MACT)

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Upcoming Proposed Rules - I

NSPS Review (Retrospective Review)Establishing criteria for when an NSPS should be reviewed

Compliance and Emissions Data Reporting RuleRevised emissions factor development programElectronic submission of facility compliance data

Volatile Organic Compound (VOC) DefinitionRemove the special reporting requirement for t-Butyl Acetatet-Butyl Acetate was removed from the VOC list in 2004, but facilities were still required to report and record useRemove 1-chloro-3,3,3-trifluoroprop-1-ene [1233zd(E)] from VOC list

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Upcoming Proposed Rules - II

Startup, Shutdown, and MalfunctionEPA had exempted sources from complying with emissions limits during startup, shutdown, and malfunction (SSM)In 2008, the DC Circuit Court vacated the General Provisions for the SSM emissions limit exemption [40 CFR §63.6(f)(1) and (h)(1)]EPA is proposing new NESHAP and a revision to state-implementation plans (SIPs) to establish new criteriaStartup / shutdown would either require special emissions limits in the SIP or specialized control equipmentMalfunctions would be exempt, if they were sudden, unavoidable, and unpredictable and the source took all possible steps to minimize the impact on air quality

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Upcoming Proposed Rules - III

Technical Corrections for the GHG Reporting RuleIncorporate revisions in the Intergovernmental Panel on Climate Change (IPCC), Fourth Assessment Report (2007)• Revise global warming potentials (GWP) for many GHGs• Add 26 new GHGs (F-gases)New technical corrections, including:• Expand use of emissions factors (Tier 1) and revisions to

some CO2 emissions factors in Subpart C (fuel combustion)• Other corrections and modifications to subparts:

H, K, L, N, O, P, Q, X, Y, Z, AA, BB, DD, FF, HH, LL, MM, NN, PP, QQ, RR, SS, TT, & UU

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Upcoming Proposed Rules - IV

Ozone NAAQS (5-year Review)Updates to the ozone NAAQSLikely lower primary and secondary standardCurrent (2008 Standard): 75 ppb2008 Range:60-70 ppb

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Upcoming Final Rules - I

Continuous Opacity Monitors (COM) Quality AssuranceEPA does not currently have a quality assurance / quality control (QA/Qc) procedure for COMsProcedure 3 QA/QC for COMs will be in 40 CFR 60 Appendix F

VOC DefinitionFour hydrofluoropolyethers (alternatives for halon, HCFCs, and PFCs) will be excluded from the definition of VOCs

• HFE134• HFE-236cal2• HFE-338pcc13• H-Galden 1040X and H-Galden ZT 130, 150, or 180

Exclusion of 2,3,3,3 tetrafluoropropene

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Upcoming Final Rules - II

Revisions to Test MethodsTechnical corrections and modifications to the testing methods

Reciprocating Internal Combustion Engine NESHAPReconsideration to address peak shaving, technical corrections, and emergency demand response

New Alternatives to Ozone Depleting SubstancesAdd three new substances to replace halons as part of the Significant New Alternatives Policy (SNAP)- Powdered Aerosol F, Powdered Aerosol Gand C7 Fluoroketone

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Upcoming Final Rules - III

National Uniform Standards (40 CFR, Part 65)Applicable to chemical manufacturing and petroleum refiningEPA will harmonize 40 CFR, Part 65, the National Uniform Standards for storage vessels and transfer operations (I), equipment leaks (J), and control devices (M)

2010 SO2 NAAQSNon-attainmentdesignations for2010 SO2 Primary and Sec-and SecondaryNAAQS

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Upcoming Final Rules - IV

GHG NSPS for New Electric Generating UnitsEPA received 2,679,220 comments on proposalWhen a final rule is issued, GHGs will be considered a “regulated air pollutant”For Title V facilities, GHGs go from a facility-level concern to an emissions unit-level concern at all facilitiesGHG will have to be calculated for each emissions unitUnclear how insignificant emissions units will be treated

July has been cited by news outlets for an announcement by Obama Administration on climate change proposals

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Long Term Actions

Title V Permit Program ModificationsEPA will implement several modifications suggested by the Clean Air Act Advisory Committee in 2004, the EPA inspector general, and state permitting authoritiesAlternative public notice, additional minor permit revisions, and excluding insignificant emissions units

Reconsideration of Fugitive Emissions in NSRFinal action on whether fugitive emissions should be included for major modifications at all sources (historical) or only in certain industries designated in Clean Air Act (2008 decision)

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NESHAP Residual Risk Reviews

Proposed Rule Stage:Flexible Polyurethane Foam Production

Long Term Actions:Phosphoric Acid / Phosphate Fertilizer ProductionMercury Cell Chloro-Alkali PlantsPrimary Aluminum ReductionSecondary Aluminum Production

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Further Action on Regulatory Agenda

The EPA Regulatory Agenda is available at: http://www.reginfo.gov/All EPA rules are included, not just airAlthough supposed to be printed every 2 years, EPA has not always followed that schedule. Two bills are being considered in the U.S. Senate:• Inspector General for EPA must determine if EPA complied

with regulatory agenda requirements• Funding is withheld from EPA if it fails to

issue a timely regulatory agenda

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Thank you

Any Questions?

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