Transcript Challenging a Title V Operation Permit with the Part 70(8) Petition Process:

Challenging a Title V Operation
Permit with the Part 70(8)
Petition Process:
An Aluminum Foundry Case Study
Steven Klafka, PE, DEE
Wingra Engineering, S.C.
A&WMA Conference 2002
Wingra Engineering, S.C.
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Participation in Air Permit Process
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Participate during public comment period.
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Testify at public hearing.
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Challenge permit under 40 CFR Part 70(8).
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Title V Petition Case Study
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Permit issued to Madison-Kipp Corporation
(MKC) in Madison, Wisconsin.
Regulatory agency is the Wisconsin
Department of Natural Resources (WDNR).
Petition filed by neighborhood residents.
Requested USEPA reject permit due to lack of
WDNR response to air quality problems.
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Background
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MKC operated at site for over 100 years.
Aluminum and Zinc foundry and die caster.
New manufacturing expansion in the 1990’s.
Increase in noise and discharges of odors,
die casting oils, and hydrogen chlorine.
Operations allowed by local M-1 industrial
zoning, but required construction and
operation air quality permits from WDNR.
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Background Cont’d
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MKC growth in 1990’s followed by increased
resident complaints to WDNR and City of
Madison.
In 1999 WDNR odor survey, residents
identified MKC as cause of numerous health
problems.
Residents reported the need to stay indoors
or to limit outdoor activities due to the MKC
emissions.
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Total Air Discharges (lbs/yr)
EPA Toxics Release Inventory
18000
16000
14000
12000
10000
8000
6000
4000
2000
0
1992
1993
1994
1995
1996
1997
1998
1999
TRI Reporting Year
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Background Cont’d
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Foundry located in densely populated
neighborhood.
Homes and yards adjacent to foundry.
Nearby Lowell Elementary School participates
in federal Title I program due to low income
population greater than 40%.
Area of urban renewal with influx of
educated, politically active residents.
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MKC Location in Neighborhood
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Aerial Photograph of MKC
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Expansion Controversy
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Educating the Neighborhood
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Title V Permit History
Date
Action
1993
Title V permit application submitted.
1995
Application administratively complete.
1999
Last application amendment.
1999
1st draft Title V permit issued by WDNR.
1999
Public hearing.
2000
Response to public comments released by WDNR.
2001
Deadline for EPA comments on 2nd draft permit.
2001
Submission of Title V petition.
2001
Deadline for submission of Title V petition to EPA.
2001
Issuance of final Title V permit.
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Hurdles to Reviewing Permit
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Complex facility, permit & analyses.
Extensive avoidance of regulations.
Concurrent construction permits.
Modeling based on seven scenarios.
Nearly eight years from original
application until issuance of Title V
operation permit.
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Objections to Title V Permit
1.
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8.
9.
Applicability of secondary aluminum MACT.
Inadequacy of air quality modeling.
Lack of public review of final permit.
Applicability of PSD regulations.
Discharges of dioxins and furans.
Lack of air pollution control equipment.
Inadequacy of emission estimates.
Inadequacy of compliance demonstration.
Compliance with environmental justice goals.
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Title V Petition Content
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Support for each objection.
Video tape & transcript of 1999 hearing.
Articles, flyers & resident petitions.
1999 odor survey results.
2nd draft permit issued by WDNR.
WDNR technical support documents.
WDNR response to public comments.
USEPA letter on PSD circumvention.
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Approved Facility Emissions
Air Pollutant
Emissions
(pounds per hour)
Particulate Matter (PM)
22
Nitrogen Oxides (N0x)
71
Carbon Monoxide (CO)
14
Chlorine (Cl)
90
Hydrogen Chloride (HCl)
93
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Aluminum MACT Applicability
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MACT for secondary aluminum processing
plants adopted March 2000.
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MACT requires control of PM, HCl & PCDD/F.
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Title V permit concludes MACT not applicable.
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Petition argues use of dirty scrap and chlorine
fluxing requires MACT.
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Inadequate Modeling Analysis
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Air quality standard compliance based
on older ISC3 dispersion model.
Should use urban, not rural coefficients.
Need for flag pole concentrations.
Must address elevated terrain.
Need to evaluate cavity impacts.
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Modeling Analysis Cont’d
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Incorporate fugitive releases from doors &
windows.
Evaluate obstructed roof vents.
Consider downwash effect of nearby homes.
Extend receptor grid beyond 500 meters.
Evaluate objectionable odors.
Determine compliance with PM2.5 air quality
standard.
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Public Review of Final Permit
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1999:Public hearing on 1st draft permit.
2000:Response to public comments
2000:Later approval of new furnace, chlorine
injection, and diesel generator.
2001:2nd draft permit submitted to EPA.
No public review of 2nd draft permit.
EPA guidance specifically required WDNR to
allow new comments on the draft operation
permit incorporating recent projects.
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PSD Regulation Applicability
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PSD regs applicable to major sources.
Requires BACT for new emissions.
MKC threshold for PSD based on
definition of “secondary aluminum
processing plant”.
If PSD applicable, recent projects would
be subject to BACT requirements.
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Dioxins & Furans
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MACT background identifies aluminum
furnaces as sources of PCDD/F.
No WDNR estimate of PCDD/F or
evaluation of compliance with rules.
Compliance testing only addressed
single isomer 2378-TCDD, not all 176
PCDD/F isomers regulated by MACT.
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Lack of APC Equipment
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Permit conditions established to avoid
applicability of more restrictive
requirements including APC.
Discharges from aluminum furnaces,
chlorine fluxing, die casting operations
approved without control assuming
compliance with air quality standards.
Compliance based on faulty modeling.
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Inadequate Emission Estimates
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References identified other pollutants
not considered in supporting analysis:
As, Cd, Cr, Ni, Pb, Sb, Se and PCDD/F.
Health and odor complaints coincided
with use of die lube oils. No evaluation
of oil constituents.
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Inadequate Compliance Methods
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Avoidance of PSD and MACT dependent
on compliance with permit conditions.
Permit violations have immediate
impact on adjacent residences.
History of violations, 911 accidents, lack
of management at MKC.
Need for more testing, monitoring and
record keeping to assure compliance.
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Address Environmental Justice
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Description of neighborhood.
Description of other industries and
county airport in area.
EJ requires more monitoring.
EJ requires risk reduction.
EJ requires release preparedness.
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Recent Developments
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June 2001 - City evaluated two years of complaints
and WDNR modeling results. Found no excess
symptoms and no justification for further study.
MKC measurements of 2378-TCDD non-detectable.
USEPA proposed ISC3 replacement with AERMOD
capable of evaluating cavity pollutant concentrations.
USEPA implementing air quality standards for PM2.5
which are < PM10 used to issue Title V permit.
USEPA resolving MACT lawsuit for Aluminum die
casters.
March 2002 - USEPA Region 5 estimates petition
response within a few months.
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Skills for Petition Preparation
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Energy to weave through regulatory
and paperwork maze.
Involvement prior to permit issuance.
Comply with petition requirements.
Identification of specific issues.
Provide support and documentation.
Patience – no quick results.
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Further Information
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May 4, 2001 Title V Petition
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http://www.epa.gov/Region7/programs/artd/air/title5/petitiondb/petitions/madison-kipp_petition2001.pdf
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Title V Petition Database on Internet
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http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb.htm
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Neighborhood Association Web Site
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http://www.sasyna.org
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