Air Toxics in Region 4 A&WMA Annual Conference August 6, 2008 Lee Page Lee Page Air Toxics Assessment and Air Toxics Assessment and Implementation Section Implementation Section EPA, Region 4 Atlanta, EPA, Region 4 Atlanta, Georgia Georgia “ Protecting Protecting Human Health Human Health and the and the Environment” Environment”
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Air Toxics in Region 4 A&WMA Annual Conference August 6, 2008 Lee Page Air Toxics Assessment and Implementation Section EPA, Region 4 Atlanta, Georgia.
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Air Toxics in Region 4A&WMA Annual Conference
August 6, 2008
Lee Page Lee Page Air Toxics Assessment and Air Toxics Assessment and
Implementation SectionImplementation SectionEPA, Region 4 Atlanta, GeorgiaEPA, Region 4 Atlanta, Georgia
““Protecting Protecting Human Health and Human Health and the Environment”the Environment”
Agenda
Major Source Program
– Program almost complete
– Vacaturs
Area Source Program
– Mid-way through program development
Major Source Program
Region 4 HAP Inventory1993
Major Sources
Area Sources
596,000 tons/yr
436,000 tons/yr
189,000 tons/yr
National Total = 6.9 million tons/yr
Regional Total = 1.2 million tons/yr (17%)
Mobile Sources
Major Source Rule Status Over 700 source categories originally listed
for regulations under Section 112 of CAAA
92 MACTs completed – First rule in 1993
4 MACTs fully vacated by court– PVC/Brick/Clay Ceramics/Boilers
1 MACT left on source category list– Defense Land Systems & Misc. Equipment– Coating operations at military installations
Court Actions to Vacate
Rule
Court Mandate Reason
112(j) Applicable
Polyvinyl Chloride (MACT)
5/11/05 Used vinyl chloride as a surrogate for all other HAPs
Yes
Brick & Clay (MACT)
6/18/07 Creating subcategory with no control as MACT floor
Yes
Boiler (MACT) 7/30/07 Vacated definition of waste in CISWI rule affects applicability of boiler MACT
Yes
Solid Waste Incineration (NSPS)
7/30/07 Definition of commercial or industrial waste – Original rule remains effective
No (Part 60 NSPS rule)
Plywood (MACT)
10/4/07 EPA exceeded its authority by creating a low risk subcategory
No (partial vacatur)
CAMR (NSPS) 3/14/08 EPA failed to meet requirements to delist from Section 112
No, but 112(g) does apply
Regulating Polyvinyl Chloride
Vacatur occurred around compliance date
Very few sources nationwide
Sources were in compliance and permitted
Plan: Maintain permit in place
Regulating Brick & Clay
Vacatur occurred 1 year after compliance
Sources were in compliance and permitted
Plan A – Maintain Permit in place– Maintain state rule (i.e. vacated MACT): SC– Deleted State rule: AL, FL, GA, KY, MS, NC
Plan B – Remove MACT from permit– Issue hollow permit ?– 112(j) placeholder language ?– Regulate through 112(j)
Regulating Boilers
Vacatur occurred at compliance date
Thousands of sources nationwide
Many sources in compliance
Plan: – Implement State rule (i.e., vacated MACT)– Implement 112(j)
Regulating Boilers in Region 4
Alabama Will Implement 112(j) – Waiting on guidance - State rule to be deleted
Florida Will implement 112(j) - Waiting on guidance – State rule deleted
Georgia Will implement 112(j) – Waiting on guidance – State rule to be deleted
Kentucky Will implement 112(j) – Court vacatur also vacated State rule
Mississippi Will implement 112(j) – Waiting on guidance – Court vacatur also vacated State rule
N. Carolina Will implement 112(j) if applicable – Court vacatur also vacated State rule
S. Carolina Will implement 112(j) – Waiting on guidance – State rule to be deleted
Tennessee Will implement 112(j) – State does not adopt MACTs into State law
112(j) Guidance & ICR
Guidance issued when ICR is approved ICR – Provides authority to collect info.
– Expired May 31, 2005 & not renewed ICR status:
– Published in FR on November 2, 2007 Received 6 comment letters
– Revised and sent to OMB for approval– Published in FR April 17, 2008
30 day comment period ( May 19 ) Response to comments not required 60 days from April 17 to approve ( June 16 )
Distribute guidance
CAMR History
In 2000, source category listed for regulation pursuant to 112(c)(5)
In 2005, regulated under 111(d) & delisted category from 112(c) list
March 14, 2008, court vacated 111(d) rule and the previous delisting action
March 08, EPA petitioned court for rehearing – Court denied petition
112(g) & (j) for Utilities Why 112(g) applies
– 112(g): Where EPA has not established national emission standards, a major source is prohibited from construction or reconstruction unless State establishes case-by-case MACT
– Awaiting 112(g) implementation guidance
Why 112(j) does not apply– 112(j): Applicable if EPA misses deadline for promulgation,
pursuant to 112(e)(1) & (3)– 112(e)(1)&(3): EPA to regulate listed categories, pursuant to
112(c)(1)&(3), within 10 years of 1990 CAAA– 112(c)(1)&(3): EPA to list major and area source categories for
regulation
– 112(j) not applicable because category listed under 112(c)(5)
MACT Rule Development
Brick/Clay MACT: Starting from scratch on rulemaking– Section 114 letters – new testing– DoJ negotiating with Sierra Club on schedule
Boiler MACT: Major & area source rules + Sec. 129 definition– DoJ negotiating schedule; July 2010 is “unofficial” date– Section 114 letters for new information– NACAA model rule due in June 2008
Utilities MACT: – DoJ will negotiate schedule– Section 114 letters for new information - all HAPs
PVC MACT (Vacated April 2005)– Workgroup recently formed – information being collected
Defense Land Systems & Misc. Equipment (coatings)– Applicable only to military facilities – Development on-going: expected proposal date is October 2008
Region 4 Major Source Emissions
0 100,000 200,000 300,000 400,000 500,000 600,000
2002
1999
1996
1993
( HAP tons/yr )
Region 4 TRI Summary
0 50,000 100,000 150,000 200,000 250,000
2002
1999
1996
1993
( HAP tons/yr )
Area Source Program
Region 4 HAP Inventory1993
Major Sources
Area Sources596,000 tons/yr
436,000 tons/yr
189,000 tons/yr
National Total = 6.9 million tons/yr
Regional Total = 1.2 million tons/yr (17%)
Mobile Sources
Rule Development
70 source categories listed to regulate– MACT or GACT regulations– Court ordered to complete all rules by June 2009
49 source categories regulated to date – 21 remain – 49 categories regulated by 37 rules– 14 of the 37 rules require Title V permits
11 categories to be regulated by December 2008
Final 10 categories regulated by June 2009
Rule delegation/implementation by some States is questionable– Lack of resources is primary issue– Regional office is default agency
Group ASmall universe
No permits
MS, SC
NC, TN
AL FL GA, KY
Group B Permits
MS, SC
NC, TN
AL FL GA, KY
Group C Auto/Gas
MS, SC, NC, TN
AL GA, FL, KY
Group D Future
MS, NC, TN SC AL, FL GA, KY
Area Source Delegation
Rules
Have or will take
Leaning toward taking
Undecided
Leaning toward
not taking
Will not take
Implementing Area Source Rules
Goal – To work collaboratively utilizing a flexible implementation approach to reduce urban air toxic risks
Flexible implementation steps – level of effort will vary between source categories
– Accept delegation– Identify sources In category– Provide rule information to identified sources– Receive initial notifications– Follow-up on notifications with identified sources– Permit sources if required– Provide compliance assistance– Receive/review compliance test plans– Observe compliance tests when possible– Receive/review compliance notifications/reports– Inspections as needed
Potential Reductions Nationwide
Area Source Rule Reductions (tpy)
Auto-Body 21,000 VOC
Reciprocating Internal Combustion Engines
99,000 NOx 56,000 CO
3,000 VOC 1,000 HAPs
Gas Distribution and Dispensing
103,000 VOC
4,900 HAPs
Oil and Gas Exploration 16,000 VOC
7,900 HAPs
Region 4 Area Source Emissions
0 50,000 100,000 150,000 200,000 250,000 300,000
2002
1999
1996
1993
( tons/yr )
Additional Information
For air toxics information on:– Major Source Program– Residual Risk Program– Area Source Program– Many other areas