Lunch Networking activities 12:20 MACT Standards 12:45

Air Quality 101 Workshop: MACT Standards January 2006 Sherry Davis, CHMM

Air Quality 101 WorkshopSBEAP: Jan NESHAPs vs. MACTs National Emission Standards for Hazardous Air Pollutant (NESHAP) standards And Maximum Achievable Control Technology (MACT) standards Both regulate hazardous air pollutants (HAPs) known as toxic air pollutants or air toxics; cause cancer, serious health effects, reproductive problems, birth defects, adverse environmental and ecological effects.

Air Quality 101 WorkshopSBEAP: Jan NESHAP and MACT Regulate Toxic Air Pollutants Where do air toxics go? Depends on environmental conditions Type of pollutant, chemical and physical properties Depends on persistence in the environment-metals How are populations exposed to HAPs? Breathing contaminated air Eating or drinking contaminated food and water Eating contaminated soils (young children) Skin contact (swimming or touching contaminated soil or surfaces)

Air Quality 101 WorkshopSBEAP: Jan Toxic Air Pollutants

Air Quality 101 WorkshopSBEAP: Jan NESHAPs In the beginning… EPA had to identify hazardous air pollutants (HAPs) and identify and develop standards to prevent any adverse human health effects with an “ample margin of safety.” All were risk-based. Courts directed EPA to determine safe air pollutant levels without technological or cost concerns (NESHAP). This process proved to be tedious, long, and costly; development was slow…and unacceptable

Air Quality 101 WorkshopSBEAP: Jan MACTS The solution… Clean Air Act (CAA) Amendments established a new and fairly complex program to regulate HAP emissions from the industrial sources responsible for the HAP being emitted. This required developing and promulgating “technology-based” standards. These were based on emissions levels from “best- performing” facilities in each industry sector.

Air Quality 101 WorkshopSBEAP: Jan MACTs and NESHAPs Sources subject to MACT/NESHAP standards are classified as either major sources or area sources. Major sources emit 10 tons per year of any of the listed HAPs, or 25 tons per year of a mixture of HAPS Area sources consist of smaller-size facilities that release lesser quantities of HAPs into the air. Area sources emit less than 10 tons per year of a single HAP, or less than 25 tons per year of a combination of HAPs.

Air Quality 101 WorkshopSBEAP: Jan MACTs Development of a MACT standard - Sets standards for both existing and new emission sources. Reviews current level of emissions achieved by best- performing similar sources through clean processes, control devices, work practices, or other methods such as pollution prevention. Uses these emission levels to set a baseline, often referred to as the "MACT floor" for the new standard.

Air Quality 101 WorkshopSBEAP: Jan MACTs Each MACT standard must achieve a level of emissions control at least equivalent to the MACT floor. MACT floor differs for “existing” and “new” sources emissions must not be less than the average emission level achieved by controls on the best performing 12% of existing industry sources-if 30 or more sources exist; If less than 30 sources, then the “floor” is equal to average current emissions limitation achieved by the best-performing five sources in the category. EPA can establish a more stringent standard when it makes economic, environmental, and public health sense to do so.

Air Quality 101 WorkshopSBEAP: Jan MACT “Hammer” When Congress amended the CAA in 1990 it included a mandate that MACT standards be adopted for many industrial facilities over the next 10 years. EPA established a 2, 4, 7, and 10 year schedule to finalize Section 112(j) included a provision that would mandate site-specific MACT standards if the industry-wide standard wasn’t developed by May 15, Establishing site-specific MACT standards for each major source of HAPs would be an immense burden for both industry and government regulators, this provision was called the "MACT hammer."

Air Quality 101 WorkshopSBEAP: Jan MACT Hammer Unfortunately, the EPA missed the May 15 deadline for many source categories. Anticipating this, EPA issued a final rule on April 5, 2002 to extend until May 15, 2004 the deadline for companies to submit detailed applications that state air agencies would use to determine HAP emission limits on a case-by-case basis. Lawsuit resulted in May 15, 2004 deadline being moved up to May 15, 2003 How many companies have “site specific” MACT in Kansas?

Air Quality 101 WorkshopSBEAP: Jan MACT schedule Approximately 88 MACT Standards promulgated since 1990 (40 CFR Part 63) Approximately 40 additional MACT Standards with compliance dates 2005 through 2007 Compliance dates are in place for 48 MACT Standards Compliance date typically 3 years after promulgation for existing sources

Air Quality 101 WorkshopSBEAP: Jan General MACT reqt's Notification Requirements; Performance Testing: If performance test is required, you must notify the administrator in writing 60 days before the test is scheduled. Recordkeeping and Reporting Requirements: Applicability Determinations: If your facility determines that your source is not subject to a relevant standard or other requirement, you shall keep a record of the applicability determination on site for a period of 5 years.

Air Quality 101 WorkshopSBEAP: Jan General MACT req’ts Recordkeeping and Reporting Requirements: Periodic Startup, Shutdown, Malfunction Reports: Start-up, Shutdown, and Maintenance (SS&M) reports must be submitted semi-annually. Recordkeeping and Reporting Requirements: Most MACT standards require REPORTING – please review your files to ensure your facility is submitting all necessary reports to KDHE and copying the EPA.

Air Quality 101 WorkshopSBEAP: Jan MACTs FFFF – Misc. Organic Chemical Production and Processes (MON) 40 CFR Subpart Initial Notification: 3/9/04 Compliance Date: 11/10/06 RRRR -Metal Furniture Surface coating 40 CFR Subpart Initial Notification: 5/24/04 Compliance Date: 5/23/06

Air Quality 101 WorkshopSBEAP: Jan MACTs WWWW – Reinforced Plastic Composites Production 40 CFR Subpart Initial Notification: 8/19/03 Compliance Date: 4/21/06 GGGGG – Site Remediation 40 CFR Subpart Initial Notification: 2/5/04 Compliance Date: 10/8/06

Air Quality 101 WorkshopSBEAP: Jan MACTs HHHHH – Miscellaneous Coating Manufacturing 40 CFR Subpart – Initial Notification: 4/9/04 Compliance Date: 12/11/06

Air Quality 101 WorkshopSBEAP: Jan MACTs EEEE - Organic Liquids Distribution (Non- Gasoline), Subpart: MMMM - Miscellaneous Metal Parts and Products (surface coating), Subpart: PPPP - Plastic Parts/ Products (surface coating), Subpart: ZZZZ - Reciprocating Internal Combustion Engines RICE), Subpart: DDDDD -Industrial, Commercial, and Institutional Boilers and Process Heaters, Subpart: YYYY - Stationary Combustion Turbines (CT), Subpart:

Air Quality 101 WorkshopSBEAP: Jan Is your business covered? It is company’s responsibility to find out if a MACT applies to their industry and their operations. Where can you go to find a list of regulated sources and the promulgation dates ? KDHE has adopted all MACT standards in the CFR through July 1, 2003 and are currently working on 2004 and 2005.

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs The Clean Air Act (CAA) required EPA to: Identify a list of at least 30 air toxics that pose the greatest potential health threat in urban areas; Identify area source categories that represent 90 percent of the emissions of the "listed" air toxics and subject them to standards under the CAA (section 112(d)). EPA identified 70 area source categories which represent 90 percent of the emissions of the 30 listed air toxics. Achieve at least a 75- percent reduction in risk attributable to area source emissions

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs Of these 70 area source categories, 15 are currently regulated and the remaining area source standards are under development or will be developed in the future. Remember: these MACT rules are for non-major emissions sources Less than 10 tons of any one HAP Less than 25 tons of any combination of HAP

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs Collectively, area sources are important air toxics contributors especially in urban areas Represent about 50 percent of national stationary source emissions Many emit air toxic metals which are also fine PM However, individual area sources are small emitters, many sources emit less than 100 pounds of HAP

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs Standards may be based on generally available control technology (GACT) or Maximum Achievable Control Technology (MACT) The advantages of GACT Allows more flexibility There is no floor to calculate Cost effectiveness is considered MACT is average of the best performing 12% (30 or more sources) or average of best performing five (<30 sources). Typical standard development will take 4 to 5 years to develop.

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs EPA is developing a program of voluntary initiatives to obtain air toxic emission reductions from area sources in urban communities that will: Utilize assistance of industry trade associations or similar organizations Complement the rulemaking process – not replace it These programs will be self-certifying.

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs Area sources must submit a notification form to KDHE if their business is covered by an area source MACT Area sources may or may not need a construction or operating permit; most sources are expected to be exempted from federal permitting requirements (no Title V needed for area sources).

Air Quality 101 WorkshopSBEAP: Jan Urban Area Source Toxics acetaldehyde acrolein acrylonitrile arsenic compounds benzene beryllium compounds 1,3-butadiene cadmium compounds carbon tetrachloride chloroform chromium compounds

Air Quality 101 WorkshopSBEAP: Jan Urban Area Source Toxics coke oven emissions dioxin 1,2-dibromoethane 1,3-dichloropropene ethylene oxide ethylene dichloride (1,2-dichloroethane) formaldehyde hexachlorobenzene hydrazine lead compounds

Air Quality 101 WorkshopSBEAP: Jan Urban Area Source Toxics manganese compounds mercury compounds methylene chloride (dichloromethane) nickel compounds polychlorinated biphenyls (PCBs) polycyclic organic mater (POM) propylene dichloride, quinoline 1,1,2, 2-tetrachlorethane tetrachloroethylene (perchloroethylene) trichloroethylene vinyl chloride,

Air Quality 101 WorkshopSBEAP: Jan Area Source’s Currently Regulated? Chromic Acid Anodizing Commercial Sterilization Facilities* Decorative Chromium Electroplating* Dry Cleaning Facilities* Halogenated Solvent Cleaners* Hard Chrome Electroplating* Publicly Owned Treatment Works Municipal Waste Combustors

Air Quality 101 WorkshopSBEAP: Jan Area Source’s Currently Regulated? Hazardous Waste Incineration Medical Waste Incineration Portland Cement Manufacturing Secondary Aluminum Production* Secondary Lead Smelting Municipal Landfills Mercury Cell Chlor-Alkali Plants * exempt from Title V permit, but must meet MACT requirements

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs These industry have court-ordered proposal and promulgation deadlines: Other Solid Waste Incineration - Promulgated 11/30/05 (COMPLETED) Oil and Natural Gas Production - Proposal signed 6/30/05; promulgation due 12/21/06 Stationary Internal Combustion Engines - Proposal 10/31/06; promulgation 12/20/07 Hospital Sterilizers - Proposal 10/31/06; promulgation 12/20/07 Gasoline Distribution Stage I - Proposal 10/31/06; promulgation 12/20/07

Air Quality 101 WorkshopSBEAP: Jan Area Source MACTs If your business is covered by one of the above area source MACTs you can download the rule and find specific implementation information at:

Air Quality 101 WorkshopSBEAP: Jan Future Area Source MACTs 55 Area source categories which will be subject to standards; all standards will be initiated by Oct Acrylic Fibers/Modacrylic Fibers Production Lead Acid Battery Manufacturing Ag Chemicals & Pesticides Manuf. (started 2004) Asphalt Processing & Asphalt Roofing Manufacturing Misc. Organic Chemical Manuf. (MON) Autobody Refinishing Paint Shops (started 2004) Nonferrous Foundries, nec. (started 2004) Brick & Structural Clay

Air Quality 101 WorkshopSBEAP: Jan Future Area Source MACTs Oil & Natural Gas Production (12/06 promulgation) Carbon Black Production Clay Ceramics (started 2004) Chemical Manufacturing: Chromium Compounds Other Solid Waste Incinerators (Human/Animal Cremation) (11/05 promulgation) Chemical Preparations (started 2004) Paint Stripping Operations (started 2004) Copper Foundries Paints & Allied Products Manufacturing (started 2004) Cyclic Crude & Intermediate Production (started 2004)

Air Quality 101 WorkshopSBEAP: Jan Future Area Source MACTs Pharmaceutical Production Electrical & Electronic Equipment: Finishing Operations Plastic Parts & Products (surface coatings) (started 2004) Fabricated Metal Products, nec. Plastic Materials and Resins Manufacturing Fabricated Structural Metal Manuf Plating & Polishing (started 2004) Ferroalloys Production: Ferromanganese & Silicomanganese Polyvinyl Chloride & Copolymers Production Flexible Polyurethane Foam Production (started 2004)

Air Quality 101 WorkshopSBEAP: Jan Future Area Source MACTs Prepared Feeds Manufacturing Flexible Polyurethane Foam Production Primary Copper (not subject to Primary Copper Smelting MACT) Fabricated Plate Work (started 2004) Primary Metals Products Manufacturing Gasoline Distribution (Stage I) (2007 promulgation date) Primary Nonferrous Metals- Zinc, Cadmium and Beryllium Heating Equipment, except electric Pressed & Blown Glass & Glassware Manufacturing (started 2004)

Air Quality 101 WorkshopSBEAP: Jan Future Area Source MACTs Hospital Sterilizers (12/07 promulgation date) Secondary Copper Smelting Industrial Boilers (started 2004) Secondary Nonferrous Metals (started 2004) Industrial Inorganic Chemical Manufacturing (started 2004) Sewage Sludge Incineration Industrial Organic Chemical Manufacturing Stationary Internal Combustion Engines (12/07 promulgation) Industrial Machinery & Equipment: Finishing Operations

Air Quality 101 WorkshopSBEAP: Jan Future Area Source MACTs Synthetic Rubber Manufacturing Inorganic Pigments Manufacturing Stainless & Non-stainless Steel Manufacturing: Electric Arc Furnaces (EAF) (started 2004) Institutional/Commercial Boilers (started 2004) Steel Foundries (started 2004) Iron Foundries (started 2004) Valves & Pipe Fittings Iron & Steel Forging Wood Preserving

Air Quality 101 WorkshopSBEAP: Jan Area Source MACT Resources Want details on proposed area source MACTs? Proposed area source MACTs can be found at: Sources that are subject to an area source MACT must file a notification form with KDHE (if state has not adopted send to EPA; if unsure send to both.) Forms can be downloaded from EPA’s Website: (hardcopies are also available at each workshop on resource table)

Air Quality 101 WorkshopSBEAP: Jan Comment on Proposed Rules! Want to comment on an area source MACT that affects your industry? Rules currently open for comment can be found at: rel11/component/main rel11/component/main Agency: choose “Environmental Protection Agency” Document type: “Proposed rule” Keyword: type in the words “area source MACT (or NESHAP) for (name of your industry) Choose “any word” if not sure of MACT name or “exact phrase” if you do know the name of the rule

Air Quality 101 WorkshopSBEAP: Jan MACTs KDHE staff to call about MACTs: Mindy Bowman: Mary Mahaffey: Jim Stewart: Rasha Allen: David Peter: Or, you can call the Kansas SBEAP at: Questions?

Air Quality 101 WorkshopSBEAP: Jan MACTs Any questions or comments?