Clean Air Act Update

1. Clean Air Act Update John A. Paul RAPCA Building and Sustaining Partnerships UCEAO 5th Annual Conference April 27, 2001 1

2. What I Will Talk About A little about myself Ohio and National Associations National Ambient Air Quality Standards and State Implementation Plans Greenhouse Gasses and their control Industrial, Commercial, and Institutional Boiler Rule requiring Maximum Achievable Control Technology (MACT) for Air Toxics 2

3. Who Am I? John Paul, Administrator of the Regional Air Pollution Control Agency of Dayton, Ohio 37 years at the agency, 25 years as Administrator Co-chair of the New Source Review Committee for National Association of Clean Air Agencies (NACAA) Also co-chaired the Criteria Pollutants Committee, Energy Committee, and served two terms as co-President Currently serve on EPA�s Clean Air Act Advisory Committee (CAAAC) 3

4. Associations Ohio Local Air Pollution Control Officials Association (OLAPCOA) Nine Local Air Agencies in Ohio Toledo, Cleveland, Lake County, Mahoning-Trumbull, Portsmouth, Akron, Canton, Cincinnati, and Dayton National Association of Clean Air Agencies (NACAA) 51 states and territories 165 locals 4

5. Associations Clean Air Act Advisory Committee (CAAAC) Advisory Committee to the EPA Assistant Administrator for Air and Radiation 40 members representing senior managers and experts from state and local government, environmental and public interest groups, academics, industry, and others. Workgroups under CAAAC take on special studies, like Greenhouse Gas Controls 5

6. National Ambient Air Quality Standards Required under the Clean Air Act (CAA) that EPA set standards protective of public health NAAQS are set without regard to cost Standards currently set for Ozone, Particulate Matter (PM-10 and PM-2.5), Lead, Sulfur Dioxide (SO2), Nitrogen Dioxide (NO2), and Carbon Monoxide (CO) Areas are designated at attainment (meeting the standard) or non-attainment (not meeting the standard) 6

7. National Ambient Air Quality Standards There is a big difference regarding requirements for both new and existing sources in attainment Vs. nonattainment areas The standards are getting more stringent with better health effects studies and the increased ability to measure air quality What level of air pollution is not harmful to public health? 7

8. National Ambient Air Quality Standards 8

9. National Ambient Air Quality Standards 9

10. National Ambient Air Quality Standards 10

11. National Ambient Air Quality Standards EPA recently set one-hour standards for NO2 and SO2; these are very difficult to meet EPA is expected to lower the ozone standard this summer to a level which most of Ohio does not currently meet EPA is expected to lower the PM-2.5 annual standard to a level that much of Ohio does not meet. 11

12. State Implementation PlansSIPs SIPs are written and submitted by states when an area is designated nonattainment for a NAAQS. The plans must show attainment by a future date, usually 3 to 5 years in the future The key to future attainment for Ozone, SO2, NO2, and PM-2.5 is control of coal-fired utility boilers and ICI boilers EPA is approaching control of these boilers through several rules (Transport rule, MACT rules, and New Source Performance Standards) 12

13. Climate Change and Greenhouse Gas Emissions 13

14. Global temperature anomalies averaged from 2006 to 2010 14 http://svs.gsfc.nasa.gov/vis/a000000/a003800/a003817/ http://svs.gsfc.nasa.gov/vis/a000000/a003800/a003817/

15. What About this Winter? 15

16. What About this Winter? 16

17. Supreme Court Decision April 2, 2007� In Massachusetts v. EPA, the Supreme Court found that greenhouse gases are air pollutants covered by the Clean Air Act EPA was required to determine whether: GHG emissions from new motor vehicles cause or contribute to air pollution; This air pollution may reasonably be anticipated to endanger public health or welfare The Court gave EPA three options on endangerment: Yes, No, or the science is too uncertain to make a reasoned decision Endangerment finding is a prerequisite for using section 202 of the Clean Air Act to regulate GHGs 17

18. EPA Action on GHGs Endangerment Finding Light Duty Vehicle Emissions Rule Tailoring Rule CAAAC Advisory Workgroup on GHG controls for new sources As of January 2, 2011, new or modified large sources of GHGs (100,000/75,000 TPY) have to install Best Available Control Technology for GHGs 18

19. Best Available Control Technology for GHGs If you are modifying a large source of GHGs (like a coal-fired industrial boiler) and increasing the GHG emissions by 75,000 TPY you have to install BACT Very likely BACT will be defined at energy efficiency for both modifications and new sources until Carbon Storage or Control is developed and cost effective 19

20. Special Note GHG controls has the attention of Congress but the real issues out there are with regard to the standards Especially the short-term one-hour standards for NO2 and SO2, but also ozone Modeling of existing sources may show violations of these short-term standards 20

21. Industrial, Commercial, and Institutional Boiler Toxics RuleMaximum Achievable ControlTechnology (MACT) 21

22. Establishing MACT Standards: Setting Air Toxics Emission Limits The 1990 Clean Air Act Amendments established the Maximum Achievable Control Technology (�MACT�) program in section 112 of the Act, which is quite prescriptive in its directions to the EPA Administrator. Reflected concern that insufficient air toxic reductions had been achieved under the 1970 Act provisions. Section 112 required MACT standards to be issued for relevant source categories no later than 2000. EPA finalized MACT standards for industrial, commercial and institutional boilers in 2004. In 2007, the standards were vacated and remanded by the U.S. Court of Appeals for the District of Columbia Circuit. Section 112 specifies the 187 pollutants that must be addressed in setting a MACT standard. EPA may address multiple pollutants by setting a standard for one pollutant, provided there is adequate technical justification. 22

23. Establishing MACT Standards: Setting Air Toxics Emission Limits Section 112 requires that a MACT standard be: For existing sources, at least as stringent as the average of the best performing 12 percent of sources in the category (or sub-category). For new sources, at least as stringent as the emission control achieved by the best controlled similar source. Section 112 allows the Administrator to set work practice standards (such as an annual tune-up requirement) in certain limited situations. Section 112 allows the Administrator to subcategorize, which allows similar equipment to be treated similarly. Existing sources must comply with MACT requirements within 3 years of the effective date of the rule, although in certain circumstances a year extension may be granted. 23

24. Major Source Boiler Rule 24

25. EPA Boiler MACT Boilers and process heaters at major sources of air toxics A major source is a facility that emits or has the potential to emit 10 or more tons per year (tpy) of any single air toxic or 25 tpy or more of any combination of air toxics. Expected to apply to about 13,800 boilers located at 1,600 facilities, primarily larger industrial sources such as refineries, chemical and manufacturing plants, pulp and paper mills Also includes boilers at some larger commercial and institutional facilities, such as shopping malls and universities More than 80% of large boilers are gas-fired and will only have to conduct an annual tune-up rather than meet an emission standard. 15 subcategories identified based on design; specific requirements for each subcategory Standards vary slightly for existing units vs. new units 25

26. EPA Boiler MACT Boilers at area sources of air toxics An area source facility emits or has the potential to emit less than 10 tons per year (tpy) of any single air toxic and less than 25 tpy of any combination of air toxics. Expected to apply to about 187,000 boilers located primarily at commercial facilities (e.g., hotels, office buildings, restaurants) and institutional facilities (e.g., schools, hospitals, prisons) Rule does NOT apply to boilers that are gas-fired (approximately 1.3 million units, or 87% of all area source boilers). Most units that are covered by this rule will be required to conduct a tune-up every other year and will not have to install pollution control equipment. Subcategories based on boiler type Standards vary slightly for existing units vs. new units 26

27. 27 Boiler MACT � Final Subcategories Fifteen subcategories based on design type: Solid fuel Pulverized coal units Coal-fired stokers Coal-fired fluidized bed combustion units Biomass-fired stokers Biomass-fired fluidized bed combustion units Biomass-fired Dutch Ovens/Suspension burners Biomass-fired fuel cells Biomass-fired hybrid suspension/grate units Liquid fuel-fired units Liquid fuel-fired units located in non-continental States and territories Gas 1 (Natural gas/refinery gas) Gas 2 (other gases) Metal processing furnaces (natural gas-fired) Limited Use

28. Major Source Boiler Rule: Compliance Requirements Existing large boilers (>=10mm/BTU) Clean gas (natural gas, refinery gas, or process gas as clean as natural gas) Annual tune-up No numeric emission limits 1-time energy assessment Solid fuel (coal or biomass) Numeric emission limits for 5 pollutants mercury, dioxin, particulate matter (PM), hydrogen chloride (HCl), carbon monoxide (CO) 1-time energy assessment 28

29. Major Source Boiler Rule: Compliance Requirements Oil Numeric emission limits for 5 pollutants mercury, dioxin, particulate matter (PM), hydrogen chloride (HCl), carbon monoxide (CO) 1-time energy assessment Process gas that is not �clean� gas Numeric emission limits for 5 pollutants mercury, dioxin, particulate matter (PM), hydrogen chloride (HCl), carbon monoxide (CO) 1-time energy assessment Limited Use Tune-up every other year 1-time energy assessment No numeric emission limits 29

30. Major Source Boiler Rule: Compliance Requirements Existing small boilers (<10mm/BTU) Gas, solid fuel, oil, or limited use Tune-up every other year 1-time energy assessment No numeric emission limits New small boilers (<10mm/BTU) Gas, solid fuel, oil, or limited use Tune-up every other year No numeric emission limits 30

31. Area Source Boiler Rule 31

32. Area Source Boiler Rule: Compliance Requirements Existing large boilers (>=10mm/BTU) Gas (all types) No requirements Not covered by rule Coal Numeric emission limits for 2 pollutants mercury, carbon monoxide (CO) 1-time energy assessment Biomass, Oil Tune-up every other year 1-time energy assessment No numeric emission limits 32

33. Area Source Boiler Rule: Compliance Requirements Existing small boilers (<10mm/BTU) Gas (all types) No requirements Not covered by rule Coal, Biomass, Oil Tune-up every other year No numeric emission limits 33

34. Appendix-Emission Limit Tables 34

35. Emission Limits for Major Source Boilers 35

36. Emission Limits for Area Source Boilers 36

37. Questions? Email me at paulja@rapca.org EPA rules and facts sheets on boiler MACT at: http://www.epa.gov/airquality/combustion/actions.html#feb11 EPA web site with links on the NAAQS at: http://www.epa.gov/air/airpollutants.html EPA web site with links on GHGs at: http://www.epa.gov/climatechange/emissions/ 37