Air Toxics in Region 4 A&WMA Annual Conference August 6, 2008

1. Air Toxics in Region 4A&WMA Annual ConferenceAugust 6, 2008 Lee Page Air Toxics Assessment and Implementation Section EPA, Region 4 Atlanta, Georgia “Protecting Human Health and the Environment”

2. Agenda • Major Source Program • Program almost complete • Vacaturs • Area Source Program • Mid-way through program development

3. Major Source Program

4. Region 4 HAP Inventory1993 596,000 tons/yr 189,000 tons/yr Area Sources Major Sources Mobile Sources 436,000 tons/yr National Total = 6.9 million tons/yr Regional Total = 1.2 million tons/yr (17%)

5. 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

6. Court Actions to Vacate

7. Regulating Polyvinyl Chloride • Vacatur occurred around compliance date • Very few sources nationwide • Sources were in compliance and permitted • Plan: Maintain permit in place

8. 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)

9. 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)

10. Regulating Boilers in Region 4

11. 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

12. 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

13. 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)

14. 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

15. Region 4 Major Source Emissions ( HAP tons/yr )

16. Region 4 TRI Summary ( HAP tons/yr )

17. Area Source Program

18. Region 4 HAP Inventory1993 189,000 tons/yr 596,000 tons/yr Area Sources Major Sources Mobile Sources 436,000 tons/yr National Total = 6.9 million tons/yr Regional Total = 1.2 million tons/yr (17%)

19. 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

21. 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

22. Potential Reductions Nationwide

23. Region 4 Area Source Emissions ( tons/yr )

24. 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