Transcript WESTAR Fall 2008 Business Meeting

WESTAR Fall 2008 Business
Meeting
Status of Air Toxics Program
KEY TOPICS
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Area Source MACT
Mercury
Residual Risk and Technology
Review
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Area Source Rules – Status,
Requirements, and
Implementation
Current Status
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A total of 70 area source categories have been
listed
Standards have been promulgated for 50
categories
20 categories remain to be addressed under
March 2006 Court Order
 10 source categories by December 16, 2008
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10 source categories by June 15, 2009
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Area Source Program
Implementation Priorities
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States and Regions have expressed
concerns regarding delegation and
implementation of area source standards
We recently distributed a guidance
document to assist Regions in prioritizing
standards for implementation and
outreach
We identified three groups of area source
standards that would require different
levels of implementation and compliance
assistance. This is our vision for
implementation.
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Group One and Two Rules
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Group one: opportunity for substantial emission
reductions (tpy) from individual sources”
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Electric Arc Furnaces, 100 facilities, (865 PM; 52 HAP)
Iron and Steel Foundries, 427 facilities, (380 PM; 14 HAP)
Glass Manufacturing, 21 facilities (415 PM; 28 HAP)
Group Two: Sources that may impact attainment areas
due to co-benefits of reducing criteria pollutant emissions.
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Autobody, misc. coatings and paint strippers, 39000 facilities
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RICE (new engines) 773,000 engines affected by 2015
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(20,900 VOC; 2900 PM; 11.4 HAP)
(77000-99000 NOx; 45000-56000 CO; 2000-3000 VOC; 8001000 HAP)
Gas Distribution, 14000 facilities (103000 VOC; 4900 HAP)
Oil & Gas Production, 2200 facilities (16,000 VOC; 7920 HAP)
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Group Three Rules
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Codify existing, effective HAP emission
reduction control approaches and
prevent backsliding:
Primary nonferrous prod.
Primary copper smelting
Secondary copper smelting
PVC and Copolymers
Carbon Black production
AMF production
Wood Preserving
Chromium compounds
Flexible Foam Prod. and
Fabr.
Lead Acid Battery Prod.
Clay Ceramics Mfg
Secondary Nonferrous Metals
Hospital Sterilizers
Plating and Polishing
Nine Metal Fabr. Categories
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Remaining Categories:
Bins 5 and 6
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Bin 5 Final Rules December 2008:
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Bin 6 Final Rules June 2009:
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Ferroalloys Production (10 facilities)
Chemical Manufacturing (450 facilities) covers processes such as
vents, cooling towers, wastewater, equipment leaks, and tanks,
(9 categories in one rule)
Copper, Aluminum and Other nonferrous Foundries,
(3 categories in one rule)
Chemical Preparation
Prepared Feeds
Paint and Allied Products
Asphalt Roofing
Three categories extend into 2010 for promulgation:
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Commercial Boilers
Industrial Boilers
Sewage Sludge Incineration
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Guidance/Implementation
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13 brochures and 7 notification examples have been developed –
can be found at:
 http://www.epa.gov/ttn/atw/area/arearules.html#imp
Webcast for the Autobody rule will be held the last week of July
Collision Repair Campaign in full swing by Regions/OAQPS
 Website has comprehensive information on resources at:
http://www.epa.gov/air/toxicair/community/collision.html
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Best practices DVD with Jeff Gordon (NASCAR) as speaker will
be distributed in early August
Plain language fact sheets in English and Spanish, will be
developed for several rules where a good majority of workers
may not understand a brochure or regulatory text.
Implementation tools are being provided by OAQPS and the Small
Business Assistance Program. Responsibilities for implementation
rests with the delegated authority or the Regional air toxics office.
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Title V
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The majority of area source rules do
not require Title V. Proof of
compliance is through monitoring,
recordkeeping and reporting. It is
expected that states will adopt
these compliance requirements via
whatever mechanism they choose.
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Delegations
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States have been utilizing various
options on delegation:
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Straight delegation on rules where they
already have programs in place;
Leaving responsibility for the rule with
the Region, but assisting with
compliance tool development and
notifications;
Not taking any role at all.
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Clean Air Mercury Rule
(CAMR)
Clean Air Mercury Rule (CAMR)
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On Feb. 8, D.C. Circuit Court of Appeals vacated the
Section 112(n) revision rule, which removed utilities
from the Section 112(c) list of source categories
Court also vacated CAMR, but did not reach the
merits of challenges to CAMR
On March 14, the Court issued its mandate making
the vacatur effective
On May 20, D.C. Circuit denied our petition for
rehearing and also denied the industry’s petition for
panel rehearing
On September 17, Utility Air Regulatory Group filed
a cert petition
Department of Justice has until October 17, 2008 to
file a certiorari petition before the U.S. Supreme
Court if the Agency were to request a filing
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Applicability of 112(g)
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The effect of the vacatur is to restore the status quo ante.
Prior to the 112(n) revision rule, and as of December 15, 2000,
coal- and oil-fired EGUs were a listed source category under
section 112 and section 112(g) applied.
As a result, coal- and oil-fired EGUs must obtain a 112(g)
determination before beginning actual construction or
reconstruction.
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The phrase "begin actual construction or reconstruction" has the
same meaning as the phrase "begin actual construction" in 40 CFR
51 and 52 (the NSR and PSD programs), i.e. initiation of physical onsite construction activities as set forth in those programs. (See 61 FR
68634, 68390 (Dec. 27, 1996).
Under section 112(g), no person may begin actual construction
or reconstruction of a major source of HAP unless the permitting
authority determines on a case-by-case basis that new source
MACT requirements will be met.
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Residual Risk and Technology
Review
Current Schedule for all RTR
Projects
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RTR Phase 2 Group 1
 Final rule scheduled for Nov 1, 2008, no additional standards
RTR Phase 2 Group 2
 Published the Group 2 ANPRM on March 29, 2007
 Group 2A - plan to propose 5 MACT in Sept 2008, final rule by Nov 1,
2008, no additional standards
 Group 2B – plan to propose 3 MACT in March 2009, final rule by Sept
2009
 Group 2C - plan to propose 3 MACT in Fall 2009, final rule by Spring
2010
RTR Phase 2 Group 3
 Plan to publish the Group 3 ANPRM addressing 17 MACT in Feb 2009
Petroleum Refineries
 Published the NPRM for Petroleum Refineries on September 4, 2007,
court ordered deadline for final rule extended from Aug 2008 to Oct
2008
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Current Schedule for all RTR Projects
(continued)
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Halogenated Solvents
 Reconsideration proposal signature date is October 2, 2008,
by agreement between EPA and petitioners, monitored by
DC Circuit Court
 EPA scheduled to report to DC Circuit Court on Nov 3, 2008.
Final rule date anticipated Summer 2009.
Dry Cleaning
 Published final amendments (addressed technical corrections
not related to the litigation) in July 2008. In the process of
preparing court briefs but don't expect a court hearing
before April 2009, outcome uncertain.
 Court decision will dictate next steps. If action required, a
proposal and final action could be anticipated in 2010/2011
timeframe.
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RTR Phase 2 Groups 1 and 2
MACT
Group 1
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Polymers and Resins I (4 source categories)
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Polymers and Resins II (2 source categories)
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Hydrogen Fluoride
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Acetal Resins
Group 2A
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Group I Polymers and Resins (5 source categories)
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Pharmaceuticals Production
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Marine Tank Vessel Loading Operations
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Mineral Wool Production
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Printing and Publishing Industry
Group 2B
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Aerospace Manufacturing and Rework Facilities
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Natural Gas Transmission and Storage
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Oil and Natural Gas Production
Group 2C
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Primary Aluminum Reduction Plants
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Group IV Polymers and Resins ( 7 source categories)
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Shipbuilding Coatings
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RTR Phase 2 Group 3 MACT
(Groupings based on preliminary MIR and subject to change)
Group 3A
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Flexible Polyurethane Foam
Polycarbonates
Off-Site Waste Treatment
Phosphate Fertilizer/Phosphoric Acid
Wood Furniture
Steel Pickling
Group 3B
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Acrylic Modacrylic Fibers
Publicly Owned Treatment Works
Primary Lead
Secondary Lead
Chrome Electroplating (3 source categories)
Group 3C
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Ferroalloys
Secondary Aluminum
Pulp and Paper MACT I and III
Pulp and Paper MACT II
Wool Fiberglass
Polyether Polyols
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Phase 3 RTR MACT
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Portland Cement
Pesticide Active Ingredients
Polymers and Resins III
(Amino Resins and Phenolic
Resins)
Extraction for Vegetable Oil
Nutritional Yeast
Boat Manufacturing
Primary Magnesium
Refining
Hazardous Waste
Incinerators
Leather Finishing
Wet Formed Fiberglass
Petroleum Refineries MACT
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Metal Coil
Cellulose
Primary Copper
Tire Manufacturing
Polyvinyl Chloride and
Copolymers
GMACT I, II, III and IV
(Carbon Black, Cyanide,
Ethylene, and Spandex)
Large Appliances
Friction Products
Manufacturing
Paper and Other Web
Coating
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RTR Challenges and Priorities
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Program Challenges
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Based on data in NEI which is voluntary, state driven and available
only every 3 years, ANPRM to solicit additional review and comment
Lack of agreement on cancer potency values (slow IRIS process)
Acute non-cancer benchmarks uncertain
More analyses required due to ongoing litigation issues (i.e., HON,
SSM)
Litigation/remand of MACT causes delay of RTR (i.e., P&R IV, Portland
Cement)
Litigation of residual risk rules requires resources (i.e., HON, Dry
Cleaning)
New issues and policies to consider, resulting in extensive comment
and review
Multiple packages under development and review concurrently
Priorities
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More closely meet our statutory schedule
Focus more on higher risk source categories
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