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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? 2

A facility-specific… Maximum achievable control technology (MACT) standard… For hazardous air pollutants (HAP)… Established by the state permitting authority… Through a permitting action… If the US EPA fails to promulgate a MACT standard in a timely manner. 3

Per NC DOJ, the D.C. Circuit Courts 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 EPAs Boiler MACT until some switch-over date that will be established in the Title V permit upon renewal. 4

Standard Established by NC DAQ 112(j) Standard; or, Case-by-Case MACT; or, MACT Hammer. Standard Established by US EPA 112(d) Standard; or, 40 CFR 63, Subpart DDDDD; or, Federal Boiler MACT; or, US EPAs Boiler MACT. 5

Read Your Permit!! Will you be able to comply with the emissions limits? Do your testing, monitoring, recordkeeping requirements make sense? How Will You Demonstrate Initial Compliance? Performance Testing or Fuel Analysis? Fuel analysis available for individual metals (including mercury) and HCl, but not CO. 6

7 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

8 Subcategory CO Emissions Limit (ppmdv, 3% O 2 ) Pulverized coal units designed to burn pulverized coal/solid fossil fuel 160 Stokers designed to burn coal/solid fossil fuel 270 Fluidized bed units designed to burn coal/solid fossil fuel 82 Stokers designed to burn biomass/bio- based solid 490 Fluidized bed units designed to burn biomass/bio-based solid 430 Suspension burners/Dutch Ovens designed to burn biomass/bio-based solid 470 Fuel cells designed to burn biomass/bio- based solid 690 Hybrid suspension/grate units designed to burn biomass/bio-based solid 3,500

9 New/reconstructed boilers must comply upon start-up. New boilers will not affect the existing source Case-by- Case MACT. Upon request of the facility. A permitting action will be required to remove the Case- by-Case MACT and include the federal Boiler MACT. On the switch over date, which will be placed in your Title V permit at renewal.

1010 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. See Lisa Jackson (US EPA Administrator) letter to Sen. Kay Hagan, dated March 8, 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]

1111 Language currently being included in affected Title V permit renewals… The Permittee shall comply with this CAA §112(j) standard until May 22, 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.

Fern Paterson, P.E. NC DAQ, Permits Section Voice: (919) John Evans, J.D. NC DAQ, Permits Section Voice: (919)

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1414 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. 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.

1515 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 category- specific SSM provisions may now be called into question, and EPA intends to evaluate each of them in light of the courts decision. See guidance letter from Adam Kushner (US EPA) dated July 22, 2009.

1616 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.

1717 R – Gasoline DistributionIII – Flexible Polyurethane Foam S – Pulp and PaperLLL – Portland Cement T – Halogenated Solvent CleanersNNN – Wool Fiberglass X – Secondary Lead SmeltingRRR – Secondary Aluminum Y – Marine Loading OperationsTTT – Primary Lead GG – Aerospace ManufacturingVVV – POTWs II – Shipbuilding & Ship RepairXXX – Ferroalloy Production KK – Printing & PublishingAAAA – Municipal SW Landfills LL – Primary AluminumJJJJ – Paper & Other Web Coating MM – Combustion at Pulp MillsRRRR – Metal Furniture CCC – Steel PicklingVVVV – Boat Manufacturing

1818 YYYYY – Electric Arc FurnacesNNNNNN – Chromium Compounds ZZZZZ – Iron & Steel FoundriesOOOOOO – Flexible Polyurethane Foam EEEEEE – Primary CopperPPPPPP – Lead Acid Batteries FFFFFF – Secondary CopperRRRRRR – Clay Ceramics GGGGGG – Primary Nonferrous Metals TTTTTT – Secondary Nonferrous Metals HHHHHH – Paint Stripping & Misc. Coating YYYYYY - Ferroalloys LLLLLL – Acrylic/Modacrylic Fibers

1919 US EPA is working on writing or revising the SSM provisions for all MACT standards. Same limits as during normal operations? Alternative limits? Alternative averaging periods? Work practice standards? Did US EPAs failure to promulgate MACT standards for SSM events trigger the Case- by-Case MACT (i.e., 112(j)) provisions? Should NC DAQ have established 112(j) standards for SSM events in affected sources Title V permits?

Fern Paterson, P.E. NC DAQ, Permits Section Voice: (919) John Evans, J.D. NC DAQ, Permits Section Voice: (919)