2012 EPA Air Regulatory Agenda


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Details regarding the 2012 U.S. EPA Air Regulatory Agenda: regulatory proposals regarding greenhouse gases, startup / shutdown / and malfunctions, hazardous air pollutants, new source performance standards, and ozone.

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2012 EPA Air Regulatory Agenda

  1. 1. Applying our technical expertiseto a more sustainable world…EPA Regulatory Agenda 2013:A Regulatory RoadmapWhile every effort has been made to ensure the accuracy of this information, SC&A is notresponsible for any errors or omissions. This information is not a substitute for professionalenvironmental consulting services. If legal services are required, consult with legal counsel.Andrew D. Shroads, QEPRegional DirectorP.O. Box 1276 • Westerville, OH 43086) (614) 887-7227 • 8 ashroads @ scainc.comsc&a, inc.
  2. 2. sc&aWhat is the Regulatory Agenda?Environmental Protection Agency (EPA) Regulatory AgendaTwice a year, federal agencies publish on the internet a list ofimportant regulatory actions currently being consideredRequired by Executive Order and several public laws(e.g. Regulatory Flexibility Act, Unfunded Mandates Act)Includes new regulations and de-regulationFour categories of actions:1. Long-term action: EPA is thinking about regulating2. Pre-rule stage: EPA is assessing need for a regulation3. Proposed rule stage: Expected proposed rules4. Final rule stage: Expected final rulesRetrospective review: periodic review of existing regulationsRegulatory review: review required by statute
  3. 3. sc&aWhere is EPA going?2 445781112244Number of RegulationsGHGTest MethodVOCODSNAAQSPermittingNSPSMobileNESHAPOther
  4. 4. sc&aMandatory Reviews5-year Review (Clean Air Act)National Ambient Air Quality Standards8-year Review (Clean Air Act)New Source Performance StandardsNational Emissions Standards for HazardousAir Pollutants (Part 63 only)Retrospective ReviewMandated by Executive Order 13563Independent of CAA RevisionsFocuses on the program (e.g. NSPS), rather than the subpart• NAAQS• NSPS• NESHAP(MACT)
  5. 5. sc&aUpcoming Proposed Rules - INSPS Review (Retrospective Review)Establishing criteria for when an NSPS should be reviewedCompliance and Emissions Data Reporting RuleRevised emissions factor development programElectronic submission of facility compliance dataVolatile Organic Compound (VOC) DefinitionRemove the special reporting requirement for t-Butyl Acetatet-Butyl Acetate was removed from the VOC list in 2004, butfacilities were still required to report and record useRemove 1-chloro-3,3,3-trifluoroprop-1-ene [1233zd(E)] fromVOC list
  6. 6. sc&aUpcoming Proposed Rules - IIStartup, Shutdown, and MalfunctionEPA had exempted sources from complying with emissionslimits during startup, shutdown, and malfunction (SSM)In 2008, the DC Circuit Court vacated the GeneralProvisions for the SSM emissions limit exemption [40 CFR63.6(f)(1) and (h)(1)]EPA is proposing new NESHAP and a revision to state-implementation plans (SIPs) to establish new criteriaStartup / shutdown would either require special emissionslimits in the SIP or specialized control equipmentMalfunctions would be exempt, if they weresudden, unavoidable, and unpredictable and the sourcetook all possible steps to minimize the impact on airquality
  7. 7. sc&aUpcoming Proposed Rules - IIITechnical Corrections for the GHG Reporting RuleIncorporate revisions in the Intergovernmental Panel onClimate Change (IPCC), Fourth Assessment Report (2007)• Revise global warming potentials (GWP) for many GHGs• Add 26 new GHGs (F-gases)New technical corrections, including:• Expand use of emissions factors (Tier 1) and revisions tosome CO2 emissions factors in Subpart C (fuel combustion)• Other corrections and modifications to subparts:H, K, L, N, O, P, Q, X, Y, Z, AA, BB, DD, FF, HH, LL, MM, NN, PP, QQ, RR, SS, TT, & UU
  8. 8. sc&aUpcoming Proposed Rules - IVOzone NAAQS (5-year Review)Updates to the ozone NAAQSLikely lower primary and secondary standardCurrent (2008 Standard): 75 ppb2008 Range:60-70 ppb
  9. 9. sc&aUpcoming Final Rules - IContinuous Opacity Monitors (COM) Quality AssuranceEPA does not currently have a quality assurance / qualitycontrol (QA/Qc) procedure for COMsProcedure 3 QA/QC for COMs will be in 40 CFR 60 Appendix FVOC DefinitionFour hydrofluoropolyethers (alternatives forhalon, HCFCs, and PFCs) will be excluded from the definitionof VOCs• HFE134• HFE-236cal2• HFE-338pcc13• H-Galden 1040X and H-Galden ZT 130, 150, or 180Exclusion of 2,3,3,3 tetrafluoropropene
  10. 10. sc&aUpcoming Final Rules - IIRevisions to Test MethodsTechnical corrections and modifications to the testingmethodsReciprocating Internal Combustion Engine NESHAPReconsideration to address peak shaving, technicalcorrections, and emergency demand responseNew Alternatives to Ozone Depleting SubstancesAdd three new substances to replace halons as part of theSignificant New Alternatives Policy (SNAP)- Powdered Aerosol F, Powdered Aerosol Gand C7 Fluoroketone
  11. 11. sc&aUpcoming Final Rules - IIINational Uniform Standards (40 CFR, Part 65)Applicable to chemical manufacturing and petroleum refiningEPA will harmonize 40 CFR, Part 65, the National UniformStandards for storage vessels and transfer operations(I), equipment leaks (J), and control devices (M)2010 SO2 NAAQSNon-attainmentdesignations for2010 SO2 Primary and Sec-and SecondaryNAAQS
  12. 12. sc&aUpcoming Final Rules - IVGHG NSPS for New Electric Generating UnitsEPA received 2,679,220 comments on proposalWhen a final rule is issued, GHGs will beconsidered a “regulated air pollutant”For Title V facilities, GHGs go from a facility-level concern toan emissions unit-level concern at all facilitiesGHG will have to be calculated for each emissions unitUnclear how insignificant emissions units will be treatedJuly has been cited by newsoutlets for an announcementby Obama Administration onclimate change proposals
  13. 13. sc&aLong Term ActionsTitle V Permit Program ModificationsEPA will implement several modifications suggested by theClean Air Act Advisory Committee in 2004, the EPAinspector general, and state permitting authoritiesAlternative public notice, additional minor permitrevisions, and excluding insignificant emissions unitsReconsideration of Fugitive Emissions in NSRFinal action on whether fugitive emissions should be includedfor major modifications at all sources (historical) or only incertain industries designated in Clean Air Act (2008 decision)
  14. 14. sc&aNESHAP Residual Risk ReviewsProposed Rule Stage:Flexible Polyurethane Foam ProductionLong Term Actions:Phosphoric Acid / Phosphate Fertilizer ProductionMercury Cell Chloro-Alkali PlantsPrimary Aluminum ReductionSecondary Aluminum Production
  15. 15. sc&aFurther Action on Regulatory AgendaThe EPA Regulatory Agenda is available at:http://www.reginfo.gov/All EPA rules are included, not just airAlthough supposed to be printed every 2 years, EPA has notalways followed that schedule. Two bills are being consideredin the U.S. Senate:• Inspector General for EPA must determine if EPA compliedwith regulatory agenda requirements• Funding is withheld from EPA if it fails toissue a timely regulatory agenda
  16. 16. sc&aThank youAny Questions?The End