May 2008 - ALL4

Boiler MACT Information Collection Request

U.S. EPA has submitted a request to the Office of Management and Budget (OMB) to approve the Information Collection Request (ICR) related to the vacated Boiler MACT (40 CFR Part 63, Subpart DDDDD – Industrial, Commercial, and Institutional Boilers and Process Heaters). Specifically, the ICR will allow U.S. EPA to solicit information from all affected sources under the authority of Section 114 of the Clean Air Act. U.S. EPA plans to require facilities to complete an electronic survey to provide information about combustion units at their facility. After reviewing the results of the electronic survey, and if deemed necessary, U.S. EPA will then initiate a second Section 114 request that would require owners or operators of combustion units to conduct hazardous air pollutant (HAP) emission testing. Up to 350 combustion units could be required to be tested in various industrial sectors. The sources that will be selected for testing will be chosen at random by U.S. EPA. OMB must approve the ICR before it can be acted upon by U.S. EPA.

Pennsylvania Proposes Glass Furnace Nitrogen Oxide (NOx) Rule

The Pennsylvania Department of Environmental Protection (PADEP) published the proposed rule “Control of NOx Emissions from Glass Melting Furnaces” in the April 19, 2008 Pennsylvania Bulletin. The proposed rule includes additions to Title 25, §121.1 – Definitions, and adds the proposed rule to Title 25, Chapter 29 of the Pennsylvania Code at §129.301 through §129.310. The proposed rule will apply to owners or operators of glass melting furnaces with the potential to emit NOx at greater than 50 tons per year or 20 lbs per hour and will limit NOx emissions during the ozone season (May 1 through September 30) beginning on May 1, 2009. The public comment period closes on June 23, 2008.

Under the proposed rule, NOx emissions from affected glass furnaces will be limited to 4.0 lb NOx/ton glass pulled for container glass furnaces, 7.0 lb NOx/ton glass pulled for pressed or blown glass furnaces, 4.0 lb NOx/ton glass pulled for fiberglass furnaces, and 7.0 lb NOx/ton glass pulled for flat glass furnaces during the ozone season. The proposed rule will not apply to glass furnaces in which heat is supplied solely by the use of electric current from electrodes submerged in molten glass. The emission requirements also do not apply during periods of startup and shutdown. The rule includes a requirement and specifications for a startup plan for each new glass melting furnace or glass melting furnace rebuild. The rule also requires the installation, operation, and maintenance of continuous emissions monitoring systems (CEMS) for NOx and other monitoring systems to convert the monitoring data to required reporting units in accordance with Chapter 139, Subchapter C. Finally, the rule includes requirements for applicable furnaces to minimize emissions of NOx during periods of startup, shutdown, and during furnace idling by operating emission control systems when it is technically feasible to do so during such periods.

Allowable ozone season NOx emissions (in tons) will be determined each year by multiplying the tons of glass pulled from each affected furnace by the appropriate allowable emission rate, expressed a lb NOx/ton of glass pulled basis. Compliance will be determined by calculating actual NOx emissions during the ozone season, determined by CEMS, and comparing actual ozone season NOx emissions (tons) to the calculated allowable ozone season NOx emissions (tons). Compliance with the proposed rule may be based on an individual furnace basis, facility-wide emissions averaging, or system-wide averaging for glass melting furnaces under common control in Pennsylvania.

For each ton of NOx by which the actual combined NOx emissions exceeds the allowable NOx emissions, the owner or operator will be required to surrender current year vintage Clean Air Interstate Rule (CAIR) NOx Ozone Season allowances in accordance with the following schedule:

2009 Ozone Season – 0.25 CAIR NOx Ozone Season Allowance
2010 Ozone Season – 0.50 CAIR NOx Ozone Season Allowance
2011 Ozone Season – 0.75 CAIR NOx Ozone Season Allowance
2011 Ozone Season (and thereafter) – 1.00 CAIR NOx Ozone Season Allowance

The proposed rule allows sources to purchase current year CAIR NOx allowances in accordance with the above schedule for emissions greater than the allowable emissions over the entire ozone season in lieu of meeting the allowable NOx ozone season emission rate. Surrendered CAIR NOx allowances are due by November 1. If the November 1 deadline is missed, allowances must be surrendered at a 3 to 1 basis.

U.S. EPA Proposes to Strengthen Lead NAAQS

On May 2, 2008 and in a subsequent May 20, 2008 Federal Register notice, U.S. EPA proposed revisions to the Lead (Pb) National Ambient Air Quality Standards (NAAQS). Highlights of the proposal include:

The Pb NAAQS primary standard is being proposed in the 0.1 – 0.3 micrograms/cubic meter range (from the existing 1.5 micrograms/cubic meter standard). The standard is proposed on a total suspended particulate (TSP) basis. The secondary standard will be same as primary standard. Comments are being accepted on the range.
U.S. EPA will consider comments on alternative levels up to 0.5 micrograms/cubic meter and below 0.1 micrograms/cubic meter, as Pb in TSP or as Pb in PM10.
U.S. EPA is proposing two (2) averaging time options.
U.S. EPA is looking to improve the existing Pb monitoring network.
U.S. EPA will consider comments on monitoring Pb on a PM10 basis.
U.S. EPA will accept public comment until July 21, 2008, however comments related to the information collection request (ICR) are due by June 19, 2008.
Two (2) public hearings will be held on June 12, 2008: in St. Louis and in Baltimore.

U.S. EPA must issue a final decision on the Pb standard by September 15, 2008.

Pennsylvania Proposes Cement Kiln Nitrogen Oxide (NOx) Rule

The Pennsylvania Department of Environmental Protection (PADEP) published the proposed rule “Emissions of NOx from Cement Manufacturing” in the April 19, 2008 Pennsylvania Bulletin. The proposed rule includes additions to Title 25, §121.1 – Definitions and adds the proposed rule to Title 25, Chapter 29 of the Pennsylvania Code at §129.401 through §129.405. The proposed rule will apply to owners or operators of portland cement kilns and will limit NOx emissions during the ozone season (May 1 through September 30) beginning on May 1, 2009. The proposed new rule is similar to the rule that it will replace (Chapter 145, Subchapter C – Emissions of NOx from Cement Manufacturing). The public comment period closes on June 23, 2008.

Under the proposed rule, NOx emissions from affected cement kilns will be limited to 3.88 lb NOx/ton clinker for long wet kilns, 3.44 lb NOx/ton clinker for long dry kilns, and 2.36 lb NOx/ton clinker for preheater or precalciner kilns. Allowable ozone season NOx emissions (in tons) will be determined each year by multiplying the tons of clinker produced by each affected kiln during the ozone season by the allowable NOx emission rate. Compliance will be determined on an annual basis by calculating actual NOx emissions during the ozone season, determined by continuous emission monitoring systems (CEMS), and comparing actual ozone season NOx emissions (tons) to the calculated allowable ozone season NOx emissions (tons).

Compliance with the proposed rule may be based on an individual kiln basis, facility-wide emissions averaging, or system-wide averaging for portland cement kilns under common control in Pennsylvania. The owner or operator of a kiln that commences operation after the effective date of adoption of the regulation may average only those emissions that are below the permitted NOx limit for the kiln or below 1.52 lb NOx/ton of clinker, whichever is lower. For each ton of NOx by which the actual combined ozone season NOx emissions exceeds the allowable ozone season NOx emissions, the owner or operator will be required to surrender one (1) current year vintage Clean Air Interstate Rule (CAIR) NOx Ozone Season allowance (as defined in §145.202). Compliance reports must be submitted to PADEP by October 31 of each year, beginning in 2009. If the October 31 deadline is missed, allowances must be surrendered at a 3 to 1 basis and the facility may be subject to additional enforcement action.

U.S. EPA Issues Final New Source Review Rule for Fine Particulate Matter

U.S. EPA has issued final rules regarding how emissions of particulate matter less than 2.5 micrometers in diameter (PM2.5) will be regulated under the New Source Review (NSR) permitting programs. The new rule will impact most, if not all, major stationary sources that emit PM2.5. The rule identifies requirements for direct emissions of PM2.5 and includes requirements for PM2.5 precursors. The precursors identified for PM2.5 formation in the atmosphere include sulfur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOC), and ammonia (NH3). SO2 emissions will be regulated as a PM2.5 precursor. NOx emissions will be regulated as a PM2.5 precursor unless states can demonstrate that NOx emissions are not a significant contributor to PM2.5 formation. VOC and NH3 will not be regulated as PM2.5 precursors unless states can demonstrate that VOC and NH3 are significant contributors to PM2.5 formation for specific areas in their state.

States are initially not required to account for gaseous emissions that could form condensable particulate matter in establishing PM2.5 emission limits. The significant emission rate for PM2.5 emissions is 10 tpy. The significant emission rate for the precursors NOx and SO2 is 40 tpy each. The final rule also allows interpollutant offset trading and establishes offset trading ratios for major projects located in PM2.5 nonattainment areas. U.S. EPA published the final rule in the Federal Register on May 16, 2008. The final rule has a July 15, 2008 effective date. ALL4 will include a full analysis of the PM2.5 NSR rule in the June 2008 edition of 4 The Record.