1. Enforcing the NAAQS Case Study Sean Taylor
Stationary Source Compliance Program Manager
Metro 4 - SESARM Enforcement Workshop
October 4-6, 2016

2. Overview Applicable Regulations National Ambient Air Quality Standards
Georgia Rules for Air Quality Control
Data Requirements Rule
Data Collection and Interpretation
Meteorology
Company Production Data
Enforcement
Notice of Violation
Consent Order
Resolution
Permit Modification

3. Regulations National Ambient Air Quality Standards – 40 CFR Part 50
§50.17 National primary ambient air quality standards for sulfur oxides (sulfur dioxide).
(a) The level of the national primary 1-hour annual ambient air quality standard for oxides of sulfur is 75 parts per billion, measured in the ambient air as sulfur dioxide (SO2).
Georgia Rules for Air Quality Control –
§(4) Ambient Air Standards.
(a) No person shall cause, suffer, permit, or allow the emission from any source the quantities of compounds listed below (reference to SO2 standard listed above) which would cause the ambient air concentrations listed to be exceeded.
Data Requirements Rule for the Hour Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard (NAAQS)
Air agencies must characterize air quality around sources that emit 2,000 tons per year or more of SO2. An air agency may avoid the requirement for air quality characterization near a source by adopting enforceable emission limits that ensure that the source will not emit more than 2,000 tpy of SO2.

4. Data Collection and Interpretation
On August 9, 2015, one of the ambient monitors for SO2 measured a one-hour exceedance of 104 ppb. Wind rose indicate that at the time of the exceedance, winds were primarily coming from the ENE.

5. Data Collection and interpretation
The Planning & Support Program generated a map of local sources of SO2 emissions, based on the 2014 Emissions Inventory.

6. Production Data
The Company in question was contacted on August 10, 2015, and asked to provide any information that may be relevant to identifying the exceedance
The Company responded with the following information on August 13, 2015:
Raw material usage of sulfur-containing material was slightly elevated around the time of the exceedance – 92.4 pounds compared to an average of 86 pounds
Control device parameters were consistent throughout the day
Subsequent requests for information yielded the following:
Calculated SO2 emissions at the facility were slightly elevated on the day of the exceedance – 536 lb/hr compared to 518 and 529 lb/hr on adjacent days
A routine air quality inspection of the facility on November 9, 2015, revealed no permit violations

7. Enforcement
A Notice of Violation was issued December 12, 2015, citing violations of Georgia Rule (4), and explaining that
NAAQS consist of 4 basic elements: indicator (e.g., SO2), averaging time (e.g., 1-hour daily maximum), form (e.g., 99th percentile averaged over 3 years), and level (e.g., 75 ppb)
An “exceedance” of the NAAQS only involves the indicator, averaging time, and the level but does not consider the form, which is supported by 40 CFR 50.1(l)
The NOV requested the following information:
SO2 emissions during each hour of production for the dates of August 8-10, 2015
A copy of the daily production log for the dates of August 8-10, 2015
Any operational problems including startups, shutdowns, or malfunctions related to the operation of the plant or the air pollution control equipment for the dates of August 8-10, 2015
Any changes in operational practices or process equipment that may have contributed to increased emissions of SO2 during August 8-10, 2015
Any actions taken by the facility to minimize SO2 emissions since August 9, 2015
A plan to minimize emissions of SO2, including during periods of startup and shutdown, to assure continued compliance with the NAAQS

8. Enforcement The Company responded to the NOV on January 12, 2016:
SO2 emissions and production were fairly steady all three days
No operational problems or malfunctions occurred during the time period and control devices were operating normally
Sulfur-containing raw material usage has been decreased and will be evaluated for additional reduction, or even elimination, of usage
Several stack and engineering tests were conducted and indicated that opportunities exist in the control mechanism to reduce SO2 emissions
In an on December 21, 2015, the Company indicated that stack tests resulted in a re-calculation of SO2 emissions to less than 2,000 tons in 2014, and they would accept a 2,000 tpy limit in their permit
A Consent Order was proposed February 15, 2016, and executed March 15, 2016
With no admission or assignment of liability by or to the Company, the Division and Company resolve the issues by agreement and upon the order of the Director and the consent of the Company…
Monetary settlement
Submit permit application to add facility-wide 2,000 tpy SO2 limit

9. Resolution
The permit modification application was submitted April 14, 2016, and is currently out for public notice
The highest one-hour SO2 value at the monitor in 2016, through September 6, was 55 ppb
The penalty calculation procedures were revised in December to incorporate NAAQS exceedances and violations and uses a tiered approach considering the number of exceedances in the current and preceding year

10. Questions
Sean Taylor Program Manager Stationary Source Compliance Program Air Protection Branch Georgia Environmental Protection Division (404)