1.
Our Vision – Healthy Kansans living in safe and sustainable environments.

2. Kansas Air Quality Conference March 2008
MACTs
Kansas Air Quality Conference
March 2008

3. Topics What is MACT Basic Elements of the Standards
Compliance Strategies
Kansas MACT Sources
(Numbers and Lists)
Emerging Issues

4. What is MACT
National Emission Standards for Hazardous Air Pollutants for …industry specific category…
Maximum Achievable Control Technology (MACT)
40 CFR Part 63 Subparts A through TTTTTT
Listed Source Category

5. What is MACT? Hazardous Air Pollutant (HAP) Major Sources
Individual HAP PTE = 10 tpy or more
Combined HAP PTE = 25 tpy or more
Required to obtain Title V (Class I operating Permit)
Or obtain a federally enforceable permit limit
PTE – potential to emit
tpy – tons per year

6. What is MACT? Area Source
Any stationary source of HAPs that is not a major source
Urban Air Toxics Program (70 source categories)
MACT or GACT (generally available control technology)
Class I permit not required
(some exceptions)

7. Basic Elements of the Standards
Applicability
Listed source category
Emission and operational criteria
(Applicable with no requirements)
Affected Sources
Specific equipment and operations that are subject
Definitions

8. Basic Elements of the Standards
Dates
Proposed Rule
Final Rule
Compliance Date
Existing
New
Area to Major

9. Basic Elements of the Standards
Emission Limits
Operating Limits
Work Practice Standards

10. Basic Elements of the Standards
Compliance Methods
Pollution Prevention
Compliant material use
Emission Rate (Averaging)
Operation of Air Pollution Control Devices
Operating Limitations
Compliance with other Standards
Combination of methods

11. Basic Elements of the Standards
Initial Compliance Demonstration
Calculations
Testing
Certification
Initial Report

12. Basic Elements of the Standards
Continuous Compliance Demonstration (or What will my air inspector be looking for?)
Monitoring
Recordkeeping
Periodic Testing
Reporting

13. Basic Elements of the Standards
Notifications
Reports
Rule requirements
Backup documentation
Timely

14. Compliance Strategies
Read the regulation
Watch for amendments and revisions (read rule preambles, comment on proposed rules)
Use available Tools

15. Compliance Strategies
Document a compliance plan
Identify applicable processes
Maintain records
Conduct monitoring
Maintain SSM and other plans
Schedule for action items and reports
Align reporting dates

16. Compliance Strategies
Use Available Resources
EPA Websites
SBEAP
Permit Engineer
BAR Compliance and Enforcement
Consultants

17. Kansas MACT Sources (Numbers and Lists)
120 Standards total
50 stds applicable to Kansas sources
20-30 more to be issued
Over 125 Kansas sources subject
As many as 8 different standards for one source

18. Recent and Upcoming Compliance Dates for Kansas Major Sources
Misc. Metal Part and Products Surface Coating (1/2/07)
Organic Liquids Distribution (2/3/07)
Plastic Parts and Products Surface Coating (4/19/07)
Auto and Light Duty Trucks (4/26/07)
Reciprocating Internal Combustion Engines (6/15/07)
Misc. Organic Chemical Production and Processes (5/10/08)

19. Emerging Issues Risk and Technology Review
EPA reviews 8 yrs after MACT is promulgated
Determine whether std protects health with an ample margin of safety
Make necessary revisions to take into account developments in practices, processes and control technologies

20. Risk and Technology Review
Residual Risk Standards must be promulgated:
If cancer risk is greater than 1 in 1 million
To protect public health with an ample margin of safety
To prevent an “adverse environmental effect” – considering costs, energy, safety, and other relevant factors

21. Risk and Technology Review
First Categories Evaluated (Phase I)
Additional Requirements (Rule revised)
Dry Cleaning (Subpart M)
Halogenated Solvents (Subpart T)
Coke Ovens (Subpart L)
No Additional Requirements
Industrial Cooling Towers (Q), Hazardous Organic NESHAP (F, G, H, I), Gasoline Distribution (R), Ethylene Oxide Sterilizers (O), Magnetic Tape (EE)

22. Risk and Technology Review
Current EPA Process for Risk Review
Use post MACT emission data (recent evaluations – 2002 inventory)
Preliminary Risk Assessment
Provide for public review of data ANPRM (Advanced notice of public rulemaking)
Remodel based on revised data
Determine acceptability and ample margin of safety determinations
Evaluate effectiveness and cost of risk reduction
Propose, address comments, and take final action

23. Risk and Technology Review
Phase II – Group 1 – recently proposed no action
6 polymer/resin categories (Subpart W and part of U)
Hydrogen Fluoride and Acetal Resins (YY)
Phase II – Group 2 – under evaluation
Categories of interest in Kansas
Aerospace (GG)
Natural Gas Transmission (HHH)
Oil and Natural Gas Production (HH)
Petroleum Refineries (CC)
Printing and Publishing (KK)
(About 17 other categories with no sources in Kansas)

24. Risk and Technology Review
Phase II Group 3 Standards of Concern in Kansas
Chrome Electroplating
Secondary Aluminum
Wood Furniture
Wool Fiberglass
Portland Cement

25. Risk and Technology Review
Get involved in the process for your source category
Review and comment on ANPR
Facility details, emission levels, stack location, applicable source,
Review and comment on proposed revisions

26. Emerging Issues Area Source MACT/GACT Urban Air Toxics
70 Source categories
Some area source requirements included in major source rule
Others stand are stand alone rules
Court ordered deadline for issuance
Fairly quick turn around from proposed to final
Some GACTs compliance date are same as rule final date

27. Recent and Upcoming Compliance Dates for Kansas Area Sources
Oil and Natural Gas Production (1/3/07) [staggered compliance deadlines]
Lead Acid Battery Manufacturing (7/16/08)
Hospital Sterilizers (12/29/08)
Iron and Steel Foundries Area Sources (1/2/09)
Gasoline Distribution (1/10/11)
Gasoline Dispensing Facilities (1/10/11)
Paint Stripping and Miscellaneous Surface Coating Operations (1/10/11)

28. Area Source Categories with Promulgation Deadlines Proposed rules between now and 6/15/09
Fabricated Metal Products (10 categories)
Agricultural Chemicals and Pesticides Manufacturing
Asphalt Processing and Asphalt Roofing Manufacturing
Cyclic crude and intermediate Production
Ferroalloys Production
Chemical Manufacturing (4 categories)
Prepared Feeds Materials
Boilers
Plastic Materials and Resins Manufacturing
Synthetic Rubber
Brick and Structural Clay Products
Chemical Preparation
Copper Foundries
Nonferrous Foundries
Paint and allied products
Sewage Sludge Incineration
Pharmaceutical Production

29. Area Source MACT/GACT
Sources that do not trigger permitting threshholds
Sources that took limits for non major status now subject to area source standard
Additional recordkeeping and reporting

30. Emerging Issues Recent Court Vacatur of Standards
Subpart DDDDD Industrial, Commercial, and Institutional Boilers and Process Heaters
Subpart JJJJJ Brick and Structural Clay Products Manufacturing
Case by case determination required for each source

31. Contact Information
Kansas Air Quality Seminar
Mary Mahaffey
Air Compliance and Enforcement Section
Bureau of Air and Radiation
The Kansas Department of Health and Environment
Curtis State Office Building
1000 SW Jackson St., Suite 310
Topeka, Kansas
Voice
Fax

32.
Our Vision – Healthy Kansans living in safe and sustainable environments.