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

Go to: www.epa.gov/ttn/atw

Or call me: 404-562-9131 e-mail: page.lee@epa.gov