kdheks

1. www.kdheks.gov Our Vision – Healthy Kansans living in safe and sustainable environments.

2. MACTs Kansas Air Quality Conference March 2008

3. Topics • What is MACT • Basic Elements of the Standards • Compliance Strategies • Kansas MACT Sources (Numbers and Lists) • Emerging Issues

4. What is MACT • National Emission Standards for Hazardous Air Pollutants for …industry specific category… • Maximum Achievable Control Technology (MACT) • 40 CFR Part 63 Subparts A through TTTTTT • Listed Source Category

5. What is MACT? • Hazardous Air Pollutant (HAP) • Major Sources • Individual HAP PTE = 10 tpy or more • Combined HAP PTE = 25 tpy or more • Required to obtain Title V (Class I operating Permit) • Or obtain a federally enforceable permit limit PTE – potential to emit tpy – tons per year

6. What is MACT? • Area Source • Any stationary source of HAPs that is not a major source • Urban Air Toxics Program (70 source categories) • MACT or GACT (generally available control technology) • Class I permit not required (some exceptions)

7. Basic Elements of the Standards • Applicability • Listed source category • Emission and operational criteria • (Applicable with no requirements) • Affected Sources • Specific equipment and operations that are subject • Definitions

8. Basic Elements of the Standards • Dates • Proposed Rule • Final Rule • Compliance Date • Existing • New • Area to Major

9. Basic Elements of the Standards • Emission Limits • Operating Limits • Work Practice Standards

10. Basic Elements of the Standards • Compliance Methods • Pollution Prevention • Compliant material use • Emission Rate (Averaging) • Operation of Air Pollution Control Devices • Operating Limitations • Compliance with other Standards • Combination of methods

11. Basic Elements of the Standards • Initial Compliance Demonstration • Calculations • Testing • Certification • Initial Report

12. Basic Elements of the Standards • Continuous Compliance Demonstration (or What will my air inspector be looking for?) • Monitoring • Recordkeeping • Periodic Testing • Reporting

13. Basic Elements of the Standards • Notifications • Reports Rule requirements Backup documentation Timely

14. Compliance Strategies • Read the regulation www.ecfr.gpoaccess.gov • Watch for amendments and revisions (read rule preambles, comment on proposed rules)www.gpoaccess.gov/fr/index.html • Use available Tools www.epa.gov/ttn/atw/mactfnlalph.html

15. Compliance Strategies • Document a compliance plan • Identify applicable processes • Maintain records • Conduct monitoring • Maintain SSM and other plans • Schedule for action items and reports • Align reporting dates

16. Compliance Strategies • Use Available Resources • EPA Websites • SBEAP • Permit Engineer • BAR Compliance and Enforcement • Consultants

17. Kansas MACT Sources (Numbers and Lists) • 120 Standards total • 50 stds applicable to Kansas sources • 20-30 more to be issued • Over 125 Kansas sources subject • As many as 8 different standards for one source

18. Recent and Upcoming Compliance Dates for Kansas Major Sources • Misc. Metal Part and Products Surface Coating (1/2/07) • Organic Liquids Distribution (2/3/07) • Plastic Parts and Products Surface Coating (4/19/07) • Auto and Light Duty Trucks (4/26/07) • Reciprocating Internal Combustion Engines (6/15/07) • Misc. Organic Chemical Production and Processes (5/10/08)

19. Emerging Issues • Risk and Technology Review • EPA reviews 8 yrs after MACT is promulgated • Determine whether std protects health with an ample margin of safety • Make necessary revisions to take into account developments in practices, processes and control technologies

20. Risk and Technology Review • Residual Risk Standards must be promulgated: • If cancer risk is greater than 1 in 1 million • To protect public health with an ample margin of safety • To prevent an “adverse environmental effect” – considering costs, energy, safety, and other relevant factors

21. Risk and Technology Review • First Categories Evaluated (Phase I) • Additional Requirements (Rule revised) • Dry Cleaning (Subpart M) • Halogenated Solvents (Subpart T) • Coke Ovens (Subpart L) • No Additional Requirements • Industrial Cooling Towers (Q), Hazardous Organic NESHAP (F, G, H, I), Gasoline Distribution (R), Ethylene Oxide Sterilizers (O), Magnetic Tape (EE)

22. Risk and Technology Review • Current EPA Process for Risk Review • Use post MACT emission data (recent evaluations – 2002 inventory) • Preliminary Risk Assessment • Provide for public review of data ANPRM (Advanced notice of public rulemaking) • Remodel based on revised data • Determine acceptability and ample margin of safety determinations • Evaluate effectiveness and cost of risk reduction • Propose, address comments, and take final action

23. Risk and Technology Review • Phase II – Group 1 – recently proposed no action • 6 polymer/resin categories (Subpart W and part of U) • Hydrogen Fluoride and Acetal Resins (YY) • Phase II – Group 2 – under evaluation • Categories of interest in Kansas • Aerospace (GG) • Natural Gas Transmission (HHH) • Oil and Natural Gas Production (HH) • Petroleum Refineries (CC) • Printing and Publishing (KK) (About 17 other categories with no sources in Kansas)

24. Risk and Technology Review • Phase II Group 3 Standards of Concern in Kansas • Chrome Electroplating • Secondary Aluminum • Wood Furniture • Wool Fiberglass • Portland Cement

25. Risk and Technology Review • Get involved in the process for your source category • Review and comment on ANPR • www.epa.gov/ttn/atw/rrisk/rtrpg.html • Facility details, emission levels, stack location, applicable source, • Review and comment on proposed revisions

26. Emerging Issues • Area Source MACT/GACT • Urban Air Toxics • 70 Source categories • Some area source requirements included in major source rule • Others stand are stand alone rules • Court ordered deadline for issuance • Fairly quick turn around from proposed to final • Some GACTs compliance date are same as rule final date

27. Recent and Upcoming Compliance Dates for Kansas Area Sources • Oil and Natural Gas Production (1/3/07) [staggered compliance deadlines] • Lead Acid Battery Manufacturing (7/16/08) • Hospital Sterilizers (12/29/08) • Iron and Steel Foundries Area Sources (1/2/09) • Gasoline Distribution (1/10/11) • Gasoline Dispensing Facilities (1/10/11) • Paint Stripping and Miscellaneous Surface Coating Operations (1/10/11)

28. Fabricated Metal Products (10 categories) Agricultural Chemicals and Pesticides Manufacturing Asphalt Processing and Asphalt Roofing Manufacturing Cyclic crude and intermediate Production Ferroalloys Production Chemical Manufacturing (4 categories) Prepared Feeds Materials Boilers Plastic Materials and Resins Manufacturing Synthetic Rubber Brick and Structural Clay Products Chemical Preparation Copper Foundries Nonferrous Foundries Paint and allied products Sewage Sludge Incineration Pharmaceutical Production Area Source Categories with Promulgation Deadlines Proposed rules between now and 6/15/09

29. Area Source MACT/GACT • Sources that do not trigger permitting threshholds • Sources that took limits for non major status now subject to area source standard • Additional recordkeeping and reporting

30. Emerging Issues • Recent Court Vacatur of Standards • Subpart DDDDD Industrial, Commercial, and Institutional Boilers and Process Heaters • Subpart JJJJJ Brick and Structural Clay Products Manufacturing • Case by case determination required for each source

31. Contact Information Kansas Air Quality Seminar Mary Mahaffey Air Compliance and Enforcement Section Bureau of Air and Radiation The Kansas Department of Health and Environment Curtis State Office Building 1000 SW Jackson St., Suite 310 Topeka, Kansas www.kdheks.gov Voice 785-296-1548 Fax 785296-1545 mmahaffey@kdhe.state.ks.us

32. www.kdheks.gov Our Vision – Healthy Kansans living in safe and sustainable environments.