CAA Air Toxics and §129 Combustion Program Update Fall Air Directors’ Meeting St. Petersburg, FL 11/9/16 Ken Mitchell U.S. Environmental Protection Agency Atlanta, GA

Air, Pesticides and Toxics Management Division Air, Pesticides & Toxics Management Division Beverly H. Banister, Director Carol L. Kemker, Deputy Director Jeaneanne M. Gettle, Deputy Director Immediate Office Staff Grants and Strategic Planning Team (Stuart Perry, Team Leader) Air Enforcement and Toxics Branch North Air Enforcement and Toxics Section South Air Enforcement and Toxics Section Air Planning and Implementation Branch Air Permitting Section Air Regulatory Management Section Air Analysis and Support Branch Air Data and Analysis Section Communities Support Section Chemicals Safety and Enforcement Branch Chemical Management and Emergency Planning Section Lead and Asbestos Section Pesticides Section Our “Stationary Source Team” Lives here!

APTMD Stationary Source Team Team Focus Program Implementation of CAA §§111, 112, and 129 Team Organization Located in the Air Enforcement and Toxics Branch (AETB) Team Management Beverly Spagg, Branch Chief Todd Russo and Dick DuBose, Section Chiefs Team Staff Ken Mitchell, Stationary Source Team Lead David McNeal – Landfills (new and existing), Acid Rain, Monitoring and Testing Keith Goff - §111 (NSPS, New and Existing Sources) Lee Page - §112 (NESHAPs/MACT) Mark Bloeth - §129 (Combustion Standards; new and exist

Stationary Sources - Focus on Waste Management https://www.epa.gov/stationary-sources-air-pollution/clean-air-act-guidelines-and-standards-waste-management

Drilling further down -- CAA Section 129 Rules For Each Type of Source, EPA Develops* An NSPS for new sources An Emission Guideline (EG) for existing sources - states respond with a state plan for EPA review A Federal Plan for states that do not have an approved state plan in place; the Federal Plan applies to affected sources until the state has an approved state plan in effect (states can also take delegation of the Federal Plan) *And revises as necessary

Status of Section 129 State Plans in Region 4 We have made a review of the status of state/local submittals We plan to begin reaching out to states/locals to confirm the status of your various submittals Who would you like us to contact (who is your current POC for section 129)? ***From the Air Planning Agreement*** Prepare and submit CAA sections 111(d) and 129 state plans and letters of certification in accordance with regulatory timeframes. In addition, collect and submit reports on progress of sections 111(d) and 129 plans annually, pursuant to 40 CFR 60.25(e) and (f).

Where do I send §129/111 Information? Please do not bundle §129/111 submittals with criteria pollutant SIP submittals Please do send §129/111 information separately to the attention of: Beverly Spagg, Chief Air Enforcement and Toxics Branch U.S. EPA Region 4 61 Forsyth Street, SW Atlanta, GA 30303

Industrial/Commercial/Institutional Boilers & Process Heaters Final rule promulgated on January 31, 2013 Rule amendments promulgated on November 5, 2015 Compliance date - January 31, 2016 US Sugar Corp. petitions court to vacate rule – December 3, 2015 DC Court vacates portion of rule - July 29, 2016   Mandate has not been issued Court did not specify which subcategories to vacate EPA petitions to remand without vacatur – Sept. 12, 2016 Mandate to be issued after petitions resolved Rule remains in effect https://www3.epa.gov/airtoxics/boiler/boilerpg.html

Municipal Solid Waste Landfills (111(b) and 111(d)) Revised NSPS and Revised Emission Guideline Promulgated July 14, 2016 Original versions back in 1996 Several updates proposed over the years, but not finalized Revised NSPS (sources new and modified after 7/17/14) expected to cover approximately 128 sources nationwide Emission Guideline (existing on or before 7/17/14) expected to cover 1014 sources nationwide Revised State Plan is due to EPA by May 30, 2017 Dave McNeal at R4 is primary contact

Questions?