Court Vacaturs

1. Court Vacaturs

2. Court Actions to Vacate

3. Regulating Brick & Clay • Vacatur occurred 1 year after compliance • Most 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) • Plan C ?

4. Regulating Boilers in Region 4

5. 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

6. 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

7. 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)

8. 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 • PVC MACT (Vacated April 2005) • Workgroup recently formed – information being collected • Defense Land Systems & Misc. Equipment (coatings) • Applicable to military facilities • No workgroup formed to date

9. Area Source Implementation Issues • Expectations for Area Source Implementation • State Area Source Activities • What can EPA do to Help?

10. Expectations for Area Source Implementation • Goal – To work collaboratively utilizing a flexible implementation approach to reduce urban air toxic risks • Flexible Implementation Steps for Discussion (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

11. State Area Source Activities • South Carolina’s Approach on Area Sources • Alabama’s outreach efforts

12. What can EPA do to help? • Provide support to locate potentially regulated sources through database searches (Reference USA) • Development of outreach materials/flyers • Conduct limited outreach/training • Facilitate development of SEE agreements to support agency implementation efforts • Facilitate development of MOUs to define implementation principles & flexibility • Seed money to support activities outlined above