The Wonderful The Wonderful World of HAP World of HAP RegulationsRegulations

Genevieve DamicoGenevieve Damico

U.S. EPA, Region 5U.S. EPA, Region 5

AgendaAgendaAlphabet soupAlphabet soupWhat are the regulated What are the regulated

HAPsHAPsWhat are MACT standardsWhat are MACT standardsStatus of MACTStatus of MACT

Agenda Cont’d.Agenda Cont’d.What is case-by-case MACTWhat is case-by-case MACTWhat is the MACT HammerWhat is the MACT HammerMay 8, 2003 ruleMay 8, 2003 ruleReviewReview

Alphabet SoupAlphabet Soup112(a) - Definitions 112(a) - Definitions 112(b) - List of Pollutants112(b) - List of Pollutants 112(c) - List of Source 112(c) - List of Source

Categories Categories 112(d) - Emission Standards112(d) - Emission Standards

Alphabet SoupAlphabet Soup112(e) - Schedule for 112(e) - Schedule for

Standards and ReviewStandards and Review 112(f) - Standards to Protect 112(f) - Standards to Protect

Health and the Environment Health and the Environment (Residual Risk Program) (Residual Risk Program)

Alphabet SoupAlphabet Soup

112(g) - Modifications, 112(g) - Modifications, Construction, and Construction, and ReconstructionReconstruction

112(h) - Work Practice 112(h) - Work Practice StandardsStandards

Alphabet SoupAlphabet Soup

112(i) - Schedule for Compliance 112(i) - Schedule for Compliance for New Sources, Early Reduction for New Sources, Early Reduction Program Program

112(j) - Equivalent Emission 112(j) - Equivalent Emission Limitation by Permit "MACT Limitation by Permit "MACT HammerHammer""

Alphabet SoupAlphabet Soup

112(k) - Urban Air Toxics 112(k) - Urban Air Toxics Strategy Strategy

112(l) - State Programs: 112(l) - State Programs: Delegation of Implementation & Delegation of Implementation & Enforcement Authority Enforcement Authority

Alphabet SoupAlphabet Soup 112(m) - Atmospheric Deposition to 112(m) - Atmospheric Deposition to

Great Lakes/Coastal Waters-Great Lakes/Coastal Waters-Reports to Congress Reports to Congress

112(n) - Studies: Utilities, Coke 112(n) - Studies: Utilities, Coke Ovens, POTWs, Mercury, Hydrogen Ovens, POTWs, Mercury, Hydrogen Sulfide Sulfide

Alphabet SoupAlphabet Soup112(o) - National Academy of 112(o) - National Academy of

Sciences Study on Risk Sciences Study on Risk Assessment Assessment

112(p) - Mickey Leland 112(p) - Mickey Leland National Urban Air Toxics National Urban Air Toxics Research CenterResearch Center

Alphabet SoupAlphabet Soup

112(q)-Savings Provision 112(q)-Savings Provision 112(r)-Prevention of Accidental 112(r)-Prevention of Accidental

Releases Releases 112(s)-Periodic Reports on 112(s)-Periodic Reports on

Measures Taken to Implement Measures Taken to Implement Section 112 Section 112

What are the What are the regulated HAPs?regulated HAPs?Listed in 112(b)Listed in 112(b)188 HAPs188 HAPs

What are the regulated What are the regulated HAPs? (Cont’d.)HAPs? (Cont’d.)Air toxics are those pollutants that Air toxics are those pollutants that

are known or suspected of are known or suspected of causing cancer or other serious causing cancer or other serious health effects, such as health effects, such as developmental effects or birth developmental effects or birth defectsdefects

What is a MACT What is a MACT standard?standard?

Technology based standardTechnology based standardSource Category specificSource Category specific

What is a MACT What is a MACT standard? Cont’d.standard? Cont’d.No less stringent than the No less stringent than the

top 12% controlled sources top 12% controlled sources in a particular source in a particular source category (the MACT floor)category (the MACT floor)

What is a MACT What is a MACT standard? Cont’d.standard? Cont’d.

Most apply to major sources Most apply to major sources of HAPs (10 tpy of a of HAPs (10 tpy of a particular HAP/25 tpy of an particular HAP/25 tpy of an aggregate of HAPs)aggregate of HAPs)

http://www.epa.gov/ttn/atw/http://www.epa.gov/ttn/atw/eparules.htmleparules.html

(See next page in your handouts for (See next page in your handouts for table.)table.)

MACTMACT CFR Sub CFR Sub PartsParts

Final Federal Final Federal RegisterRegister

Compliance Compliance DateDate

Project LeadProject Lead Compliance Compliance LeadLead

AerospaceAerospace

IndustryIndustry

GGGG 9/01/959/01/95

(60FR45948)(60FR45948)

9/01/989/01/98 Barbara DiscollBarbara Discoll

919-541-1051919-541-1051

Driscoll.barbara@Driscoll.barbara@epa.govepa.gov

Len Lazarus Len Lazarus 202-564-6369202-564-6369

Lazarus.leonardLazarus.leonard@epa.gov@epa.gov

Status of MACTStatus of MACT89 promulgated89 promulgated 5 proposed5 proposed(This total includes the MON (This total includes the MON

MACT as a single category.)MACT as a single category.)

Future of MACTFuture of MACTU.S. EPA is going back to the U.S. EPA is going back to the

promulgated MACT and promulgated MACT and evaluating whether or not evaluating whether or not further reductions are further reductions are necessary based on a risk necessary based on a risk assessmentassessment

What is case-by-case What is case-by-case MACT?MACT? 112(g) of the CAA112(g) of the CAA Construction or reconstruction Construction or reconstruction

of a major (10/25) process or of a major (10/25) process or production unitproduction unit

What is case-by-case What is case-by-case MACT? Cont’d.MACT? Cont’d.

Implemented through Implemented through preconstruction permit preconstruction permit programs in generalprograms in general

What is the MACT What is the MACT Hammer?Hammer?

112(j) of the CAA requires major 112(j) of the CAA requires major sources to submit a permit sources to submit a permit application proposing source-application proposing source-specific MACT if the EPA misses specific MACT if the EPA misses a scheduled promulgation date a scheduled promulgation date by 18 mos.by 18 mos.

May 8, 2003 ruleMay 8, 2003 rule Requires the application to be Requires the application to be

submitted 60 days after EPA submitted 60 days after EPA misses a recently negotiated misses a recently negotiated scheduleschedule

http://www.epa.gov/ttn/atw/http://www.epa.gov/ttn/atw/112j/112j/

112(j)112(j)

Conditions of the MACT Conditions of the MACT determination must be determination must be incorporated into the Title V incorporated into the Title V operating permit by the operating permit by the permitting authoritiespermitting authorities

Just a little reviewJust a little review How many listed HAPs are How many listed HAPs are

there?there? What is the MACT floor?What is the MACT floor? What is a major source of HAPs?What is a major source of HAPs? What types are subject to What types are subject to

112(g)?112(g)?