2013 epa reg agenda


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2013 epa reg agenda

  1. 1. Applying our technical expertise to a more sustainable world… EPA Regulatory Agenda 2013: A Regulatory Roadmap While every effort has been made to ensure the accuracy of this information, SC&A is not responsible for any errors or omissions. This information is not a substitute for professional environmental consulting services. If legal services are required, consult with legal counsel. Andrew D. Shroads, QEP Regional Director P.O. Box 1276 • Westerville, OH 43086 ) (614) 887-7227 • 8 ashroads @ scainc.com sc&a, inc.
  2. 2. sc&a What is the Regulatory Agenda? Environmental Protection Agency (EPA) Regulatory Agenda Twice a year, federal agencies publish on the internet a list of important regulatory actions currently being considered Required by Executive Order and several public laws (e.g. Regulatory Flexibility Act, Unfunded Mandates Act) Includes new regulations and de-regulation Four categories of actions: 1. Long-term action: EPA is thinking about regulating 2. Pre-rule stage: EPA is assessing need for a regulation 3. Proposed rule stage: Expected proposed rules 4. Final rule stage: Expected final rules Retrospective review: periodic review of existing regulations Regulatory review: review required by statute
  3. 3. sc&a Where is EPA going? 2 4 4 5 7 8 1112 24 4 Number of Regulations GHG Test Method VOC ODS NAAQS Permitting NSPS Mobile NESHAP Other
  4. 4. sc&a Mandatory Reviews 5-year Review (Clean Air Act) National Ambient Air Quality Standards 8-year Review (Clean Air Act) New Source Performance Standards National Emissions Standards for Hazardous Air Pollutants (Part 63 only) Retrospective Review Mandated by Executive Order 13563 Independent of CAA Revisions Focuses on the program (e.g. NSPS), rather than the subpart • NAAQS • NSPS • NESHAP (MACT)
  5. 5. sc&a Upcoming Proposed Rules - I NSPS Review (Retrospective Review) Establishing criteria for when an NSPS should be reviewed Compliance and Emissions Data Reporting Rule Revised emissions factor development program Electronic submission of facility compliance data Volatile Organic Compound (VOC) Definition Remove the special reporting requirement for t-Butyl Acetate t-Butyl Acetate was removed from the VOC list in 2004, but facilities were still required to report and record use Remove 1-chloro-3,3,3-trifluoroprop-1-ene [1233zd(E)] from VOC list
  6. 6. sc&a Upcoming Proposed Rules - II Startup, Shutdown, and Malfunction EPA had exempted sources from complying with emissions limits during startup, shutdown, and malfunction (SSM) In 2008, the DC Circuit Court vacated the General Provisions for the SSM emissions limit exemption [40 CFR 63.6(f)(1) and (h)(1)] EPA is proposing new NESHAP and a revision to state- implementation plans (SIPs) to establish new criteria Startup / shutdown would either require special emissions limits in the SIP or specialized control equipment Malfunctions would be exempt, if they were sudden, unavoidable, and unpredictable and the source took all possible steps to minimize the impact on air quality
  7. 7. sc&a Upcoming Proposed Rules - III Technical Corrections for the GHG Reporting Rule Incorporate revisions in the Intergovernmental Panel on Climate 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 to some 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&a Upcoming Proposed Rules - IV Ozone NAAQS (5-year Review) Updates to the ozone NAAQS Likely lower primary and secondary standard Current (2008 Standard): 75 ppb 2008 Range: 60-70 ppb
  9. 9. sc&a Upcoming Final Rules - I Continuous Opacity Monitors (COM) Quality Assurance EPA does not currently have a quality assurance / quality control (QA/Qc) procedure for COMs Procedure 3 QA/QC for COMs will be in 40 CFR 60 Appendix F VOC Definition Four hydrofluoropolyethers (alternatives for halon, HCFCs, and PFCs) will be excluded from the definition of VOCs • HFE134 • HFE-236cal2 • HFE-338pcc13 • H-Galden 1040X and H-Galden ZT 130, 150, or 180 Exclusion of 2,3,3,3 tetrafluoropropene
  10. 10. sc&a Upcoming Final Rules - II Revisions to Test Methods Technical corrections and modifications to the testing methods Reciprocating Internal Combustion Engine NESHAP Reconsideration to address peak shaving, technical corrections, and emergency demand response New Alternatives to Ozone Depleting Substances Add three new substances to replace halons as part of the Significant New Alternatives Policy (SNAP) - Powdered Aerosol F, Powdered Aerosol G and C7 Fluoroketone
  11. 11. sc&a Upcoming Final Rules - III National Uniform Standards (40 CFR, Part 65) Applicable to chemical manufacturing and petroleum refining EPA will harmonize 40 CFR, Part 65, the National Uniform Standards for storage vessels and transfer operations (I), equipment leaks (J), and control devices (M) 2010 SO2 NAAQS Non-attainment designations for 2010 SO2 Primary and Sec- and Secondary NAAQS
  12. 12. sc&a Upcoming Final Rules - IV GHG NSPS for New Electric Generating Units EPA received 2,679,220 comments on proposal When a final rule is issued, GHGs will be considered a “regulated air pollutant” For Title V facilities, GHGs go from a facility-level concern to an emissions unit-level concern at all facilities GHG will have to be calculated for each emissions unit Unclear how insignificant emissions units will be treated July has been cited by news outlets for an announcement by Obama Administration on climate change proposals
  13. 13. sc&a Long Term Actions Title V Permit Program Modifications EPA will implement several modifications suggested by the Clean Air Act Advisory Committee in 2004, the EPA inspector general, and state permitting authorities Alternative public notice, additional minor permit revisions, and excluding insignificant emissions units Reconsideration of Fugitive Emissions in NSR Final action on whether fugitive emissions should be included for major modifications at all sources (historical) or only in certain industries designated in Clean Air Act (2008 decision)
  14. 14. sc&a NESHAP Residual Risk Reviews Proposed Rule Stage: Flexible Polyurethane Foam Production Long Term Actions: Phosphoric Acid / Phosphate Fertilizer Production Mercury Cell Chloro-Alkali Plants Primary Aluminum Reduction Secondary Aluminum Production
  15. 15. sc&a Further Action on Regulatory Agenda The EPA Regulatory Agenda is available at: http://www.reginfo.gov/ All EPA rules are included, not just air Although supposed to be printed every 2 years, EPA has not always followed that schedule. Two bills are being considered in the U.S. Senate: • Inspector General for EPA must determine if EPA complied with regulatory agenda requirements • Funding is withheld from EPA if it fails to issue a timely regulatory agenda
  16. 16. sc&a Thank you Any Questions? The End