Review of NC Toxic Air Pollutant Rules ( pursuant to Session Law - - PowerPoint PPT Presentation

Review of NC Toxic Air Pollutant Rules

( pursuant to Session Law 2 0 1 2 -9 1 )

North Carolina Division of Air Quality Stakeholder Meeting September 25, 2012

History:

 Environm ental Review Com m ission ( ERC)

m eetings ( Sept/ Oct 2 0 1 1 )

 W orking group form ed ( Oct 2 0 1 1 )  Bill introduced, HB 9 5 2 ( May 2 0 1 2 )  Becam e law , SL 2 0 1 2 -9 1 ( June 2 8 , 2 0 1 2 )

Air Toxics – Sum m ary

Section 1

• Exempts sources subject to certain federal regulations
• Codifies “Director’s Call” provision

Section 2

• Requires rule amendments

Section 3

• Requires review of rules and their implementation

Section 4

• Requires reports on implementation of this act

Air Toxics – Section 1

 Exem pts from the State air toxics rules

sources of toxic air pollutants subject to certain federal regulations, including:

 National Emission Standards for Hazardous Air Pollutants (NESHAPs), 40 CFR Part 61  Maximum Achievable Control Technology (MACT) standards, 40 CFR Part 63  Generally Available Control Technology (GACT) standards, 40 CFR Part 63  Subject to case-by-case MACT, 112(j) of the Clean Air Act

Air Toxics – Section 1

W hen DAQ receives a perm it application for a new or m odified source or facility that w ould result in a net increase in toxic air pollutants:

• Requires DAQ to determine if the toxic air emissions

would pose an unacceptable risk to human health… and if it does, the Division Director would make a written finding and require a permit application that eliminates the unacceptable risk… (for all practical purposes this is the existing Director’s Call provision)

Source 1 NOT Regulated by Federal Air Toxics Rules

Exam ple I llustrating State and Federal Air Toxics Program s

ABC Com pany

1

Source: DENR-DAQ

Property Line

2

Source 2 Regulated by Federal Air Toxics Rules Source 3 NOT Regulated by Federal Air Toxics Rules

3

Air Toxics – Section 2

 Requires the Environm ental

Managem ent Com m ission ( EMC) to am end the State air toxics rules to be consistent w ith Section 1 above.

Air Toxics – Section 3

 Requires DAQ to review the State air

toxics rules and their im plem entation to determ ine w hether changes could:

• Reduce unnecessary regulatory burden
• I ncrease the efficient use of DAQ

resources w hile m aintain protection of public health

 DAQ shall report the results of the review

and include recom m endations to the ERC by Decem ber 1 , 2 0 1 2

Air Toxics – Section 4

 Requires DAQ report to the ERC on

the im plem entation of this Act

• Decem ber 1 , 2 0 1 2 , 2 0 1 3 and 2 0 1 4
• The report shall include an analysis of air

toxic em ission changes and a sum m ary of results of the Division’s analysis of air quality im pacts.

Link to SL 2 0 1 2 -9 1



http:/ / w w w .ncleg.net/ Sessions/ 2 0 1 1 / Bills/ House/ PDF/ H9 5 2 v4 .pdf

Section 3 review

 The Division of Air Quality of the Departm ent of

Environm ent and Natural Resources shall review toxic air pollutant rules adopted pursuant to G.S. 1 4 3 -2 1 5 .1 0 7 ( a) and the im plem entation of those rules to determ ine w hether changes could be m ade to the rules or their im plem entation to reduce unnecessary regulatory burden and increase the efficient use of Division resources w hile m aintaining protection of public health. The Division shall conduct this review in consultation w ith interested parties.

 The Division shall report the results of its review ,

including recom m endations, if any, to the Environm ental Review Com m ission no later than Decem ber 1 , 2 0 1 2 .

Section 3 review

 For each of the options w e discuss, consider

w hether it:

• reduces unnecessary regulatory burden
• increases the efficient use of Division resources
• m aintains protection of public health

Options to Discuss



The follow ing options m ay fit the criteria laid out in SL 2 0 1 2 -9 1 .



Options have evolved from com m ents from the regulated com m unity and DAQ’s experience im plem enting the air toxics rules.



This is not an exhaustive list of options… it’s intended to stim ulate discussion.



Feel free to com m ent on these options or subm it additional ideas that are consistent w ith SL 2 0 1 2 -9 1 .

Options to Discuss

1 .

Re-evaluate toxic perm itting em ission rates ( TPERs)

2 .

Exem pt natural gas and propane com bustion units

3 .

Exem pt em ergency engines

4 .

Register rather than perm it sources less than certain em issions thresholds

5 .

Do not retain SI C call

6 .

Maxim um Feasible Control = Maxim um Achievable Control

7 .

Evaluate projected actual em issions

1 . Re-evaluate toxic perm itting em ission rates ( TPERs) W hat are TPERs?



TPERs are established in rule 1 5 A NCAC 0 2 Q .0 7 1 1 and are back- calculated from the Acceptable Am bient Level ( AAL) guidelines.



Conservative assum ptions are used regarding stack and dispersion characteristics.

1 . Re-evaluate toxic perm itting em ission rates ( TPERs)

How are TPERs used in the perm itting process?



Tw o step evaluation process:

• Sum all non-exem pt toxics em issions and com pare

to TPER.

 I f below TPER, done.  I f above TPER, m odeling is necessary to com pare to the Acceptable Am bient Level ( AAL) .

1 . Re-evaluate toxic perm itting em ission rates ( TPERs)

W hat could change?



An analysis could be done w ith the m ost recent air dispersion m odel and revised, but yet conservative assum ptions about stack param eters, to see if any TPERs can be increased w hile still providing an am ple m argin of safety.

• e.g. - decrease stack diam eter from 1 .0 m eter, or

increase stack exist velocity of 0 .0 1 m / s.

2 . Exem pt natural gas and propane com bustion units



US EPA has exem pted certain gas-fired com bustion units from federal air toxics

• rules. Another federal rule only prescribes

w ork practice standards on affected units.



Toxic air em issions from these sources are w ell below the TPERs.

3 . Exem pt em ergency engines



US EPA federal air toxics rules apply to all em ergency engines and only prescribe w ork practice standards.



Used tem porarily in em ergency situations.



Sm all.



Few hours of operation.



Peak shaving engines are not considered em ergency engines.

4 . Register rather than perm it sources less than certain em issions thresholds



Considerable tim e and resources spent on determ ining if sm all em issions sources qualify as exem pt or insignificant.



Effort is disproportionate w ith the environm ental im pact.



Sim plify perm it exem ptions rule.

5 . Do not retain SI C call



1 5 A NCAC 0 2 Q .0 7 0 5 provides a m echanism for the Director to require all facilities under the sam e four-digit Standard I ndustrial Classification ( SI C) to subm it an application to com ply w ith the NC air toxics rules.



The existing Director’s Call rule and SL 2 0 1 2 -9 1 provide adequate authority to address any unacceptable risks to hum an health from any facility.

6 . Maxim um Feasible Control = Maxim um Achievable Control



Maxim um feasible control as a com pliance

• ption.



The director can allow m axim um feasible control in certain situations.



This option w ould allow com pliance w ith a federal Maxim um Achievable Control Technology rule to satisfy m axim um feasible control requirem ents in the state rules.

7 . Evaluate projected actual em issions



The option can be clarified in the rule to ensure that DAQ is im plem enting it consistently.



Evaluating projected actual em issions provides a m ore realistic evaluation of the im pacts of air toxics in am bient air, particularly w hen considering how the TPERs and AALs guidelines are developed.

I deas?



Please subm it w ritten com m ents by October 9 , 2 0 1 2 to: daq.publiccom m ents@ncdenr.gov



Rules: http://www.ncair.org/rules/rules/Sec1100.shtml and http://www.ncair.org/rules/rules/SecQ0700.shtml

North Carolina Division of Air Quality Sheila Holman Director Sheila.Holm an@ncdenr.gov 9 1 9 -7 0 7 -8 4 3 0 North Carolina Division of Air Quality Mike Abraczinskas Deputy Director Michael.Abraczinskas@ncdenr.gov 9 1 9 -7 0 7 -8 4 4 7