Transcript Permit Modification Procedures

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A Few Basics
What Should You Do Before Your
Compliance Date?
When Do You Have to Comply with the
US EPA Boiler MACT?
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A facility-specific…
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Maximum achievable control technology (MACT)
standard…
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For hazardous air pollutants (HAP)…
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Established by the state permitting authority…
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Through a permitting action…
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If the US EPA fails to promulgate a MACT standard in
a timely manner.
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Per NC DOJ, the D.C. Circuit Court’s vacatur of
the original Boiler MACT (promulgated in 2004)
amounted to a failure to promulgate.
◦ Before the effective date of the new Boiler MACT
(5/21/2011), the NC DAQ established Case-by-Case
MACT standards for existing boilers in the Title V
permits of 98 facilities.
◦ These facilities must comply with the Case-by-Case
MACT in their permit, and need not comply with the
EPA’s Boiler MACT until some “switch-over” date that
will be established in the Title V permit upon renewal.
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Standard Established by NC DAQ
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Standard Established by US EPA
◦ 112(j) Standard; or,
◦ Case-by-Case MACT; or,
◦ MACT Hammer.
◦ 112(d) Standard; or,
◦ 40 CFR 63, Subpart DDDDD; or,
◦ Federal Boiler MACT; or,
◦ US EPA’s Boiler MACT.
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Read Your Permit!!
◦ Will you be able to comply with the emissions
limits?
◦ Do your testing, monitoring, recordkeeping
requirements make sense?
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How Will You Demonstrate Initial
Compliance?
◦ Performance Testing or Fuel Analysis?
◦ Fuel analysis available for individual metals
(including mercury) and HCl, but not CO.
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A subcategory of wet wood-fired biomass boilers
established by US EPA in the new Boiler MACT.
Defined as “a boiler designed with air distributors
to spread the fuel material over the entire width
and depth of the boiler combustion zone. The
drying and much of the combustion of the fuel
takes place in suspension, and the combustion is
completed on the grate or floor of the boiler.”
◦ See 40 CFR 63.7575.
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Subcategory
Pulverized coal units designed to burn
pulverized coal/solid fossil fuel
Stokers designed to burn coal/solid fossil
fuel
Fluidized bed units designed to burn
coal/solid fossil fuel
Stokers designed to burn biomass/biobased solid
Fluidized bed units designed to burn
biomass/bio-based solid
Suspension burners/Dutch Ovens designed
to burn biomass/bio-based solid
Fuel cells designed to burn biomass/biobased solid
Hybrid suspension/grate units designed
to burn biomass/bio-based solid
CO Emissions Limit
(ppmdv, 3% O2)
160
270
82
490
430
470
690
3,500
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New/reconstructed boilers must comply
upon start-up.
◦ New boilers will not affect the existing source Case-byCase MACT.
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Upon request of the facility.
◦ A permitting action will be required to remove the Caseby-Case MACT and include the federal Boiler MACT.
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On the “switch over” date, which will be placed in
your Title V permit at renewal.
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Per 40 CFR 63.56(b), the “switch over” date:
◦ Must be within a reasonable period of time; and,
◦ Cannot exceed 8 years from the promulgation date.
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See Lisa Jackson (US EPA Administrator) letter
to Sen. Kay Hagan, dated March 8, 2012.
◦ “Thus, under the Clean Air Act, existing major source
boilers with [CAA §112(j) standards] in their permits
would have until at least 2018 to comply with the
federal air toxics standards, unless the State sets an
earlier deadline.” [Emphasis Added]
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Language currently being included in
affected Title V permit renewals…
◦ The Permittee shall comply with this CAA §112(j)
standard until May 22, 2019. After May 22, 2019
the Permittee shall comply with the applicable
CAA § 112(d) standard for ‘‘National Emission
Standards for Hazardous Air Pollutants for
Industrial, Commercial, and Institutional Boilers
and Process Heaters.”
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Fern Paterson, P.E.
NC DAQ, Permits Section
Voice: (919) 707-8478
[email protected]
John Evans, J.D.
NC DAQ, Permits Section
Voice: (919) 707-8474
[email protected]
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The general provisions in 40 CFR 63, Subpart A
used to exempt affected sources from having to
comply with the applicable emissions limitations
during SSM events provided it:
◦ Maintained a written SSM Plan detailing foreseeable SSM
events and response procedures; and,
◦ Minimized emissions during SSM events.
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The D.C. Circuit Court vacated the SSM
provisions in Sierra Club v. EPA, 551 F.3d 1019
(D.C. Cir. 2008).
◦ The Court held that the Clean Air Act required that
some form of standard apply to each affected source
continuously and the SSM exemption is illegal.
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Most individual MACT standards include
SSM provisions in the text of the rule.
These Subpart-specific provisions were
not vacated, and facilities may continue to
rely on them for relief during SSM events.
◦ However, “the legality of such source categoryspecific SSM provisions may now be called into
question, and EPA intends to evaluate each of
them in light of the court’s decision.”
◦ See guidance letter from Adam Kushner (US
EPA) dated July 22, 2009.
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But thirty-five (35) MACT standards only
referenced the vacated SSM rules in the
general provisions.
◦ Sources affected by these rule MUST comply
with the emissions limitations during SSM
events.
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R – Gasoline Distribution
III – Flexible Polyurethane Foam
S – Pulp and Paper
LLL – Portland Cement
T – Halogenated Solvent Cleaners
NNN – Wool Fiberglass
X – Secondary Lead Smelting
RRR – Secondary Aluminum
Y – Marine Loading Operations
TTT – Primary Lead
GG – Aerospace Manufacturing
VVV – POTWs
II – Shipbuilding & Ship Repair
XXX – Ferroalloy Production
KK – Printing & Publishing
AAAA – Municipal SW Landfills
LL – Primary Aluminum
JJJJ – Paper & Other Web Coating
MM – Combustion at Pulp Mills
RRRR – Metal Furniture
CCC – Steel Pickling
VVVV – Boat Manufacturing
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YYYYY – Electric Arc Furnaces
NNNNNN – Chromium Compounds
ZZZZZ – Iron & Steel Foundries
OOOOOO – Flexible Polyurethane
Foam
EEEEEE – Primary Copper
PPPPPP – Lead Acid Batteries
FFFFFF – Secondary Copper
RRRRRR – Clay Ceramics
GGGGGG – Primary Nonferrous
Metals
TTTTTT – Secondary Nonferrous
Metals
HHHHHH – Paint Stripping & Misc.
Coating
YYYYYY - Ferroalloys
LLLLLL – Acrylic/Modacrylic Fibers
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US EPA is working on writing or revising the
SSM provisions for all MACT standards.
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◦
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Same limits as during normal operations?
Alternative limits?
Alternative averaging periods?
Work practice standards?
Did US EPA’s failure to promulgate MACT
standards for SSM events trigger the Caseby-Case MACT (i.e., 112(j)) provisions?
◦ Should NC DAQ have established 112(j) standards
for SSM events in affected sources’ Title V permits?
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Fern Paterson, P.E.
NC DAQ, Permits Section
Voice: (919) 707-8478
[email protected]
John Evans, J.D.
NC DAQ, Permits Section
Voice: (919) 707-8474
[email protected]
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