Caterpillar Presentation - NESHAP Z4 & NSPS J4

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This is a presentation that Jeff picked up attending an Air Quality Technology Transfer meeting in Wyoming recently. It's from Caterpillar and describes requirements of the various tiers in the NESHAP ZZZZ and NSPS JJJJ subparts.
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Proposed Utility MACT

The proposal was published yesterday in the federal register. This EPA site contains a link to the FR proposal.

Here's an article critical of the proposal. It points out that EPA formerly found that only mercury emissions posed a risk that warranted review under Section 112, but the proposal addresses several other toxics. It also talks about the cumulative effect of several proposed rules set to hit coal-fired utilities around 2015.

This article includes a good concise history and explanation of Section 112 of the CAA in general and of the Utility MACT in specific.

This site contains two presumably less biased evaluations of the proposal from the bipartisan policy center.

While this article is not directly related to the proposed MACT, it does provide some very interesting perspective about the prospects of renewable energy sources filling the void as we drive conventional sources out of business. The main thesis is that we don't just need to replace coal/nuclear/natural gas, we need to replace them with sources that are able "to provide just the right amount of controllable power at any specified time to match demand at all times." It also talks about the falicy of being able to regulate ourselves into prosperity ( Henry Hazlitt’s Broken Window fallacy) and about the problem of just using more energy as we improve efficiency (Jevon’s Paradox).

NESHAP Subpart ZZZZ (RICE) Applicability Tool

Click on this blog title to open EPA's tool for determining applicability and applicable requirements for a specific engine. The Regulation Navigation (Reg Nav) tool is a TurboTax-like software program that guides the user through a set of questions and provides a web link to regulatory text that applies to a particular engine. The information entered into the tool is not saved and cannot be accessed by EPA.
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Proposed Utility MACT

Link to EPA site with proposed rule, fact sheets, and presentation (click on title).

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Boilers NESHAPs, Final 2/21/2011

UPDATE: On May 18, EPA suspended for reconsideration the major source boiler MACT (Subpart D5) and the CISWI Rule. No date was given for completion of the review.) (KMM 6/27/11) 

Go to this EPA web site for a compilation of actions related to the boiler MACTs and the CISWI rule.


Finalized NESHAP for:

• Area Source Industrial, Commercial, and Institutional Boilers (JJJJJJ)
• Major  Source Industrial, Commercial, and Institutional Boilers and Process Heaters (DDDDD)

Also finalized NSPS for Commercial/Industrial Solid Waste Incinerator Units (Subpart CCCC; Subpart DDDD provides emissions guidelines and compliance times for CISWI units).

Here's an article analyzing the rules and related issues.

Here are some applicability and requirements flow charts that Joe and Rebecca (and ??) prepared (click on links to pull up each chart):

• Biomass
• Coal
• Oil

See 5/5/2010 post for background on proposed rule.

(title is link to EPA site with rules and fact sheets)

ICE Notification Requirements - NESHAP ZZZZ Modifications 10/2010

Here's a quick analysis of notification, reporting,and recordkeeping requirements in the 8/2010 revision to NESHAP Subpart ZZZZ for RICE (FR 51570 ff.). Rebecca passed along an e-mail reminder from WDEQ that some existing engines require initial notifications to the state and EPA by February 16, 2011. The message also noted that the effective date for applicable requirements is October 19, 2013.

63.6645(a)(2) requires notifications for all existing stationary RICE located at an area source of HAP emissions and existing major source RICE less than 500 HP (site rating), but (a)(5) exempts the following:
-- <100 hp
-- emergency RICE,
-- RICE not subject to any numerical emission standards.

According to Table 2d, these are the only area source SI engines that are subject to numerical emission standards (and so would require notifications):
-- non-emergency; non-black start; 4SRB/LB; >500 HP

According to Table 2c, these are the only major source SI engines that are subject to numerical emission standards (and so would require notifications):
-- non-emergency; non-black start; 4SRB/LB or 2SLB or any engine firing landfill or digester gas; >500 HP

Note that required notifications for CI engines should already have been submitted.

Here are some pertinent sections of the rule revision FR notice (with my highlights and notes).


SUMMARY: EPA is promulgating national emission standards for hazardous air pollutants for existing stationary spark ignition reciprocating internal combustion engines that either are located at area sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake horsepower and are located at major sources of hazardous air pollutant emissions.

DATES: This final rule is effective on October 19, 2010.

F. What are the reporting and recordkeeping requirements?

The following sections describe the reporting and recordkeeping requirements that are required under this final rule.

Owners and operators of existing stationary emergency SI RICE that do not meet the requirements for nonemergency engines (meaning emergency engines?) are required to keep records of their hours of operation. Owners and operators of existing stationary emergency SI RICE must install a non-resettable hour meter on their engines to record the hours of operation of the engine.

Owners and operators of existing stationary SI RICE located at major sources that are subject to work practices and existing stationary SI RICE located at area sources that are subject to management practices are required to keep records that show that the work or management practices that are required are being met. These records must include, at a minimum: Oil and filter change dates and corresponding engine hours of operation (determined using hour meter, fuel consumption data, or other appropriate methods); inspection and replacement dates for spark plugs, hoses, and belts; and records of other emission-related repairs and maintenance performed.

In terms of reporting requirements, owners and operators of existing nonemergency stationary SI RICE greater than or equal to 100 HP and less than or equal to 500 HP located at major sources of HAP and existing nonemergency 4SLB and 4SRB stationary RICE greater than 500 HP located at area sources of HAP that operate more than 24 hours per calendar year must submit the notifications required in Table 8 of 40 CFR part 63, subpart ZZZZ, which lists the NESHAP General Provisions applicable to this rule. (40 CFR part 63, subpart A) These notifications include an initial notification, notification of performance test, and a notification of compliance for each stationary RICE which must comply with the specified emission limitations. Owners and operators of existing stationary nonemergency SI RICE greater than or equal to 100 HP and less than or equal to 500 HP located at major sources of HAP and existing stationary 4SLB and 4SRB nonemergency SI RICE greater than 500 HP located at area sources of HAP that operate more than 24 hours per calendar year must submit semiannual compliance reports.

Must submit all general rqmnts notifications--including initial notification--and semiannual compliance reports:
** SI, 100 ≤ hp ≤ 500, nonemergency, major source
** 4SLB/RB, ≤500 Hp, nonemergency, area source, operates >24 hr/yr

REVISED NOTIFICATION REGULATORY TEXT

63.6590(b)(3)

(3) The following stationary RICE do not have to meet the requirements of this subpart and of subpart A of this part, including initial notification requirements:

(i) Existing spark ignition 2 stroke lean burn (2SLB) stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions;

(ii) Existing spark ignition 4 stroke lean burn (4SLB) stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions;

(iii) Existing emergency stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions;

(iv) Existing limited use stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions;

(v) Existing stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions that combusts landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis;

(vi) Existing residential emergency stationary RICE located at an area source of HAP emissions;

(vii) Existing commercial emergency stationary RICE located at an area source of HAP emissions; or

(viii) Existing institutional emergency stationary RICE located at an area source of HAP emissions.

NSPS & NESHAP References

Texas Commission on Environmental Quality (CEQ) collection of NSPS and NESHAP. Many include flow charts and requirement reference tables:

NSPS

NESHAP

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Nebraska DEQ website with lots of helpful information regarding specific NESHAPs (true at least for Subpart ZZZZ):

Nebraska DEQ Air Toxics Notebook -- Guide to NESHAPs

Nebraska DEQ NSPS notebook
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Legal Challenge to MACT Methodology

Challenge is based on two points:

• EPA looks at separate facilities acheiving low emission rates for distinct pollutants, then combines all those into one standard.
• EPA bases their achievability determinations on performance for a single year, ignoring multi-year variability.

Because of these two factors, EPA's MACT floors are not "achieved in practice."

InsideEPA.com Article

Amendments to Cement MACT & NSPS

"On August 6, 2010, EPA issued amendments to two rules that will significantly reduce emissions of mercury and other air toxics and particle-forming pollutants from new and existing Portland cement kilns across the United States. The rules also will limit emissions of ozone- and particle-forming pollutants from new kilns."

Cement MACT-NSPS Fact Sheet

Final Rule 9/9/2010

Proposed CBC MACT Guidance

Article about state comments to proposed rule/guidance. They'd rather EPA focused on fixing whatever situation is requiring case-by-case analysis.

Article

Non-Road and Stationary Engines Regulations

Non-road engines (excluding locomotives, marine vessels, underground mining equipment, and hobby engines) are regulated under 40 CFR 89. Here are a couple of useful summaries:

Emission Standards: USA: Nonroad Diesel Engines

John Deere Brochure


This web site summarizes stationary diesel engine regulation under NSPS Subpart IIII and NESHAP ZZZZ:

Emission Standards: USA: Stationary Diesel Engines

These are good overviews of stationary engine regs (CI & SI):

Final Rules Promulgated for Stationary RICE

Iowa DNR Fact Sheet

8/20/2010 UDATE:
New amendment of NESHAP Subpart ZZZZ to cover SI RICE at area sources and at major sources for small engines (LTE 500 bHp).

Final regulation:

Final Amendment, NESHAP ZZZZ, Small and Area Srcs

Helpful resources:
Iowa DNR ZZZZ page

Nebraska DEQ collection of ZZZZ references
Note especially the "4Z Important Dates" document.

Texas CEQ ZZZZ references
Here's an article from Air Pollution Consultant, March 2011: "Comment Sought on Operating Emergency Engines in Demand Response Programs."

Boilers NESHAP Proposal - April 2010

"Boiler operators would be required to reduce mercury emissions by 50 percent as part of two new proposed rules to control air toxics from large and small boilers released by the Environmental Protection Agency April 30."

Would require annual testing for major and area sources. Existing small boilers and process heaters (L.T.E 10 MMBtu/hr) would need biannual tuning. Existing large boilers (area sources > 10 MMBtu/hr) would have to perform an energy assessment. Will cover boilers that burn coal, oil, biomass, and other non-hazardous materials. AWMA article includes link to EPA web site.

AWMA article

Trinity article

Of Boiler Rules and Biofuels
Martin Law article added 8/20/2010. Includes concise background and good short discussion of hazardous waste issue. Here's an excerpt:

"The key is whether the unit burns any “solid waste.” This leads to the question: when is biomass also solid waste? EPA’s original approach to this question was to exempt most materials that would be considered biomass (e.g., wood, food, agricultural byproducts – even manure, if burned) because they had not been “discarded.” However, EPA has now changed its rule to include an additional criterion: these materials are only exempted from treatment as solid waste if they remain in control of the generator. If these materials leave the point of generation, operators are now required to petition EPA for a “non-waste determination.”

EPA has indicated it will grant a non-waste determination if the boiler operator can establish that market participants treat the biomass stock as a fuel rather than a solid waste, and that the fuel stock has a chemical and physical identity comparable to commercial fuels, will be used in a reasonable timeframe, and has air emissions when burned comparable to traditional fuels. EPA’s determination is subject to notice, comment and hearing requirements, and, presumably, judicial review. Depending on how EPA handles this process, it could pose a significant administrative burden and uncertain time delays for fuel supply contracts between biomass energy project developers and timberland managers, farmers, and other suppliers of biomass."


Proposed Area Source Boiler MACT:
Here are some graphical outlines of the area source boiler MACT proposal. There are three graphics files: one overview and two subcategory expansions. The original file was created in a free mind mapping application called XMind which can be downloaded from this address: http://www.xmind.net/

XMind mind map

Overview jpg

Emission Standards jpg

Continuous Compliance jpg

Here are the proposed rules as published in the Federal Register. To access them, you'll have to log into Cyber Regs. You can use username 'kevinmathews' and password 'bisoneng'.

Major Source Boilers

Area Source Boilers

RCRA Waste Definition

CISWI NSPS Modification

Here's an MDEQ summary presented to CAAAC in July 2010:

MDEQ Summary Presentation

Proposed Gold Ore Processing NESHAP

“EPA is proposing to add the gold mine ore processing and production area source category to the list of source categories subject to regulation under the hazardous air pollutant section of the Clean Air Act (CAA) due to their mercury emissions. EPA is also proposing national mercury emission standards for this category based on the emissions level of the best performing facilities which are well controlled for mercury.”


“The gold mine ore processing and production area source category consists of facilities engaged in processing gold ore to recover gold using one or more of the following process units: roasters, autoclaves, carbon kilns, melt furnaces, mercury retorts, electrowinning, and/or pregnant solution tanks. There were approximately 21 gold mine ore processing and production facilities operating these processes in the United States (U.S.) in 2008. The majority and the largest of these facilities are located in Nevada. The other facilities currently operating are in Alaska, California, Colorado, Montana, and Washington.”

Notice:
http://companyweb/General%20Documents/Docs%20for%20posting/Gold%20Ore%20Processing%20NESHAP/NESHAP%20proposal%20-%20Au%20ore%20processing.pdf

MACT development:
http://companyweb/General%20Documents/Docs%20for%20posting/Gold%20Ore%20Processing%20NESHAP/MACT%20development%20-%20Au%20ore%20processing%20NESHAP.pdf

Mercury emissions evaluation report:
http://companyweb/General%20Documents/Docs%20for%20posting/Gold%20Ore%20Processing%20NESHAP/Hg%20emissions%20eval%20-%20Au%20ore%20processing%20NESHAP.pdf

Mercury emissions factors:
http://companyweb/General%20Documents/Docs%20for%20posting/Gold%20Ore%20Processing%20NESHAP/Hg%20Em%20Fctrs%20-%20Au%20ore%20processing.pdf

RICE NESHAP Final Rule

RICE NESHAP Final Rule (from Trinity Consultans March 2010 newsletter)

On February 17, 2010 EPA finalized portions of the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE NESHAP). The rule will be incorporated into the already existing RICE standards located in 40 CFR Part 63, Subpart ZZZZ. The standards apply to only stationary RICE and were originally proposed on February 25, 2009. The proposed standards included provisions for RICE located at area sources of hazardous air pollutants (HAP) and RICE with a site rating of less than or equal to 500 brake horsepower (bhp) located at major sources of HAP. In addition, the proposal included standards for existing non-emergency compression ignition (CI) engines with a site rating of greater than 500 bhp at major sources and revised provisions related to Startup, Shutdown, and Malfunction (SSM) events for engines previously regulated under the rule.

The promulgation of these regulations means that many previously unregulated engines, including those designated for emergency use, will be subject to federal regulation, including emission standards, control requirements, or management practices.
Following public comment on the proposed rule, the EPA made a number of significant changes to the promulgated rule. Following is a summary of those changes:

- The EPA did not finalize the proposed provisions for spark ignition (SI) engines. Although the original proposal included SI engines at area sources as well as those less than or equal to 500 bhp located at major sources, the EPA has determined that additional data is needed prior to finalizing rules for these sources. The EPA expects to finalize the rules associated with SI engines by August 10, 2010. (final rule to include SI RICE published 8/20/2010, KMM)

- Existing emergency engines at area sources that are located at residential, commercial, or institutional facilities are not subject to the final rule. A definition for residential/commercial/institutional facility has been included in the final rule.

- Several numerical standards originally proposed for some categories of engines have been replaced with management practices.

- The EPA revised the numerical emission limit for several engine categories based on a re-evaluation of the MACT floor.

- The EPA added an option to the management practices to use an oil change analysis program to extend the oil change frequencies listed in the final rule. Details of the analysis program are included in the final rule.

- The EPA eliminated the numerical standards originally proposed during periods of SSM, instead promulgating operational standards that apply during startup. Additionally, the standards that apply during normal operation now also apply during periods of shutdown and malfunction.

- The EPA included an additional requirement to reduce metallic HAP emissions for certain engine categories, including existing non-emergency CI greater than 300 bhp. A closed crankcase ventilation system or open crankcase filtration system must be installed on these engines, if the engine is not already equipped with a closed crankcase ventilation system.

- An exclusion from the numerical emission limits has been included for existing non-emergency CI RICE greater than 300 bhp located at area sources in Alaska that are not accessible by the Federal Aid Highway System. These engines are required to meet the management practices listed for non-emergency CI RICE less than or equal to 300 bhp.

- A definition for emergency stationary RICE has been added to the final rule. The majority of the requirements that apply to emergency stationary RICE listed in §63.6640(f) are identical to the proposed rule; however, the final rule allows an emergency unit to participate in an emergency demand response program as a part of a financial arrangement with another entity for up to 15 hours per year. Additional requirements also apply to units participating in emergency demand response programs. The detailed requirements are listed in §63.6640(f) of the final rule.

The compliance date for all applicable emission limitations and operating limitations for the affected units is three years from the effective date of the rule. The compliance date for the sources affected by the current revision to the rule is May 3, 2013. Sources with affected RICE should review the final rule carefully to determine compliance requirements based on the promulgated standard.

For more information or to view a copy of the final rule, go to the following EPA web site:

http://www.epa.gov/ttn/oarpg/new.html