CAA Air Toxics and
§129 Combustion Program
Update
Fall Air Directors’ Meeting
St. Petersburg, FL
11/9/16
Ken Mitchell
U.S. Environmental Protection Agency
Atlanta, GA
Air, Pesticides and Toxics Management Division
Air, Pesticides & Toxics Management Division
Beverly H. Banister, Director
Carol L. Kemker, Deputy Director
Jeaneanne M. Gettle, Deputy Director
Immediate Office Staff
Grants and Strategic Planning Team (Stuart Perry, Team Leader)
Air Enforcement
and Toxics Branch
Air Planning and
Implementation Branch
Air Analysis
and Support Branch
Chemicals Safety and
Enforcement Branch
North Air Enforcement
and Toxics Section
Air Permitting Section
Air Data
and Analysis Section
Chemical Management
and Emergency Planning
Section
South Air Enforcement
and Toxics Section
Air Regulatory
Management Section
Communities Support Section
Lead and Asbestos Section
Pesticides Section
APTMD Stationary Source Team
Team Focus
• Program Implementation of CAA §§111, 112,
and 129
Team Organization
• Located in the Air Enforcement and
Toxics Branch (AETB)
• Team Management
• Beverly Spagg, Branch Chief
• Todd Russo and Dick DuBose, Section Chiefs
• Team Staff
•
•
•
•
•
Ken Mitchell, Stationary Source Team Lead
David McNeal – Landfills (new and existing), Acid Rain, Monitoring and Testing
Keith Goff - §111 (NSPS, New and Existing Sources)
Lee Page - §112 (NESHAPs/MACT)
Mark Bloeth - §129 (Combustion Standards; new and exist
Stationary Sources - Focus on Waste Management
Waste Management Industry Stationary Sources Regulations
Rules
Standards of Performance for Municipal Solid Waste
Landfills
Standards of Performance for Sewage Treatment Plants
Hazardous Waste Combustors
Municipal Solid Waste Landfills
Off-Site Waste and Recovery Operations (OSWRO)
Oil-Water Separators and Organic Water Separators
Publicly Owned Treatment Works (POTW)
Site Remediation
CAA Section
111
111
112
112
112
112
112
112
Commercial and Industrial Solid Waste Incineration (CISWI)
129
Hospital/Medical/Infectious Waste Incinerators (HMIWI)
Large Municipal Waste Combustors (LMWC)
Small Municipal Waste Combustors (SMWC)
Other Solid Waste Incinerators (OSWI)
Sewage Sludge Incinerators (SSI)
129
129
129
129
129
https://www.epa.gov/stationary-sources-air-pollution/clean-air-act-guidelines-and-standards-waste-management
Drilling further down -- CAA Section 129 Rules
CAA Section 129 Rules
Commercial and Industrial Solid Waste Incineration (CISWI)
Hospital/Medical/Infectious Waste Incinerators (HMIWI)
Large Municipal Waste Combustors (LMWC)
Small Municipal Waste Combustors (SMWC)
Other Solid Waste Incinerators (OSWI)
Sewage Sludge Incinerators (SSI)
For Each Type of Source, EPA Develops*
•
An NSPS for new sources
•
An Emission Guideline (EG) for existing sources - states respond with a state plan
for EPA review
•
A Federal Plan for states that do not have an approved state plan in place; the
Federal Plan applies to affected sources until the state has an approved state plan
in effect (states can also take delegation of the Federal Plan)
*And revises as necessary
Status of Section 129 State Plans in Region 4
• We have made a review of
the status of state/local
submittals
• We plan to begin reaching out
to states/locals to confirm the
status of your various submittals
• Who would you like us to contact (who is your current
POC for section 129)?
***From the Air Planning Agreement***
Prepare and submit CAA sections 111(d) and 129 state plans and letters of certification in accordance with
regulatory timeframes. In addition, collect and submit reports on progress of sections 111(d) and 129 plans
annually, pursuant to 40 CFR 60.25(e) and (f).
Where do I send §129/111 Information?
• Please do not bundle §129/111 submittals with criteria pollutant SIP
submittals
• Please do send §129/111 information separately to the attention of:
Beverly Spagg, Chief
Air Enforcement and Toxics Branch
U.S. EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303
Industrial/Commercial/Institutional Boilers & Process Heaters
• Final rule promulgated on January 31, 2013
• Rule amendments promulgated on November 5, 2015
• Compliance date - January 31, 2016
• US Sugar Corp. petitions court to vacate rule – December 3, 2015
• DC Court vacates portion of rule - July 29, 2016
•
•
•
•
•
Mandate has not been issued
Court did not specify which subcategories to vacate
EPA petitions to remand without vacatur – Sept. 12, 2016
Mandate to be issued after petitions resolved
Rule remains in effect
https://www3.epa.gov/airtoxics/boiler/boilerpg.html
Municipal Solid Waste Landfills (111(b) and 111(d))
• Revised NSPS and Revised Emission Guideline Promulgated July
14, 2016
• Original versions back in 1996
• Several updates proposed over the years, but not finalized
• Revised NSPS (sources new and modified after 7/17/14)
expected to cover approximately 128 sources nationwide
• Emission Guideline (existing on or before 7/17/14) expected to
cover 1014 sources nationwide
• Revised State Plan is due to EPA by May 30, 2017
• Dave McNeal at R4 is primary contact
Questions?