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Case by Case MACT under 112(g) Title V Permitting Meeting March 9-10, 2009 PowerPoint Presentation
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Case by Case MACT under 112(g) Title V Permitting Meeting March 9-10, 2009. Lee Page Air Toxics Assessment and Implementation Section EPA, Region 4, Atlanta, Georgia. “Protecting Human Health and the Environment”. 112(g) Applicability: 63.40. Constructed or reconstructed sources

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Case by Case MACT under 112(g)Title V Permitting MeetingMarch 9-10, 2009

Lee Page

Air Toxics Assessment and Implementation Section

EPA, Region 4, Atlanta, Georgia

“Protecting Human Health and the Environment”

112 g applicability 63 40
112(g) Applicability: 63.40
  • Constructed or reconstructed sources
  • New source must be major HAP source
  • Not specifically regulated or exempted from regulation
prohibition 63 42 c
Prohibition: 63.42(c)
  • After effective date of 112(g) and Title V program, no person may begin actual construction of a major HAP source unless:
    • Specifically regulated or exempted
    • Final case by case MACT issued
112 g roles and responsibilities
112(g) Roles and Responsibilities
  • Owner or Operator
    • Submit application with MACT proposal
    • Follow principles of MACT determination
  • State or Local Agency
    • Approve application/alternative limits
    • Issue MACT determination in writing
    • Provide public opportunity to comment
    • Issue permit
  • EPA
    • None
general principals of case by case 63 43 d
General Principals of Case by Case 63.43(d)
  • No less stringent than best controlled similar source as determined by Permitting Authority (PA)
  • Based on available information, shall achieve maximum degree of reductions, considering cost
  • PA can approve requirements other than emission limits
  • PA shall consider a proposed rule or presumptive MACT
past determinations in region 4
Past Determinations in Region 4
  • 112(g) Clearinghouse maintained by EPA Alabama - 4 Florida - 13 North Carolina - 6 South Carolina - 6
  • Source Categories: Boat Mfg. Fiberglass Composites Metal Can Coating Plastic Composites Plywood & Wood Products Degreasers Paper & Other Web Coating Combustion Turbines
two current examples
Two Current Examples
  • Birmingham – Southern Precision Sands
    • Sand coated with phenolic resins – molds for foundries
    • Similar sources in Chattanooga & Wisconsin
    • Adding new line (major HAP source) – no relevant MACT
    • Controls evaluated; cost prohibitive
    • Proposed MACT is limit on phenol in resins
  • Kentucky – LG&E
    • Adding new electric utility steam generating unit
    • Application submitted in 2004 (before MACT promulgation)
    • HAP limits in application based on MACT proposal
    • 112(g) applicable due to CAMR vacatur – 1/7/09 memo
    • Significant interest – major comments on MACT
electric utility timeline and 112 g
Electric Utility Timeline and 112(g)
  • Dec. 20, 2000: Source category (SC) added to 112(c) list for regulation
    • Before 12/20/00, new sources exempted from 112(g)
    • After 12/20/00, new sources subject to 112(g)
  • Jan. 30, 2004: MACT & NSPS rules proposed
    • New sources continue to be subject to 112(g)
  • March 29, 2005: NSPS promulgated & MACT SC delisted
    • New sources comply with NSPS; no longer subject to 112(g)
  • March 14, 2008: NSPS vacated & MACT SC re-listed
    • New sources once again subject to 112(g)
    • New sources between 3/29/05 & 3/14/08 legally obligated to 112(g) requirements, per EPA memo dated 1/7/09
112 g j for utilities
112(g) & (j) for Utilities
  • Why 112(g) applies
    • 112(g): Where EPA has not established national emission standards, a major source is prohibited from construction or reconstruction unless State establishes case-by-case MACT
    • Awaiting 112(g) implementation guidance
  • Why 112(j) does not apply
    • 112(j): Applicable if EPA misses deadline for promulgation, pursuant to 112(e)(1) & (3)
    • 112(e)(1)&(3): EPA to regulate listed categories, pursuant to 112(c)(1)&(3), within 10 years of 1990 CAAA
    • 112(c)(1)&(3): EPA to list major and area source categories for regulation
    • 112(j) not applicable because category listed under 112(c)(5)
additional information
Additional Information
  • For air toxics information on:
    • Major Source Program
    • Residual Risk Program
    • Area Source Program
    • Many other areas
  • Go to: www.epa.gov/ttn/atw
  • Or call me: 404-562-9131 e-mail: page.lee@epa.gov