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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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)

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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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

Refinery NSPS

Here are a couple articles about Petroleum Refinery NSPS Subparts J and Ja:

Summary 1 of NSPS Subparts J and Ja

Shorter Summary of NSPS Subparts J and Ja

This article focuses specifically on enforcement and regulation of flare emissions at refineries:

Flare Enforcement Trends

Proposed Solid Waste Definition and Incineration Rules

Proposed changes to CISWI NSPS and emission guidelines. Note that cement kilns were exempt but would not be under the proposed rule.

Proposed Changes to CISWI NSPS

Proposed definition of solid waste would generally exclude clean biofuel and TDF (after removal of steel belts and wires).

New Solid Waste Definition Proposed

Portable & Temporary Source Applicability Notes

This issue has come up many times. One example was Title V major source applicability and inclusion, or not, of generators for lights at a mine. Another example was the need to permit a power generator for construction at a power plant. There are a variety of considerations and applications. Thompson River Power was forced to add to their permit combustion emissions related to curing their refractory brick. During the power shortages of the early 2000's, MDEQ forced the permitting of diesel locomotives that were going to be used as temporary generators, even though it could be argued that they were temporary and mobile sources (and MAR 17.8.744 specifically excludes from permitting requirements "mobile emitting units, including motor vehicles, trains, aircraft, and other such self-propelled vehicles.")

Federal rules key on the definition of "stationary source." (Surprisingly, the Montana minor source rules don't use that term.) Mobile sources are obviously not stationary. Non-road engines too are seemingly not meant to be included in the CAA rules that govern stationary sources. First, they have their own (extensive) set of rules. Second, the three alternative defining characteristics speak to mobility: "self propelled", "propelled", and "portable or transportable."

It's the last nonroad engine characteristic, though, that muddies the waters a bit. First, there is a caveat that the otherwise-nonroad engine must not stay in one location for more than 12 months - or less for a seasonal source. Note, too, that a "location" is any "single site at a building, structure, facility or installation." (See links below to my notes and Iowa guidance.) The implication is that a nonroad engine that stays in one place for too long becomes a stationary source.

Then there's potentially some confusion about permitting requirements for a "portable" source. On one hand, nonroad engines that are classified as such due to their portability, would seem to be exempt from stationary source permitting. On the other hand, federal and state regs require permitting of portable sources. The federal rules refer to a "portable stationary source" and provide for moving it without going through the permitting process; but the provision assumes the source was permitted in the first place. Montana regs don't use the "portable stationary source" terminology, but provide for transferring a permit from one location to another (ARM 17.8.765). By that, they clearly mean moving an already-permitted piece of equipment.

So here's one interpretive summary:
-- Emissions from self-propelled sources do not need to be permitted and should not be included in a facility's PTE. (An exception to this, at least in practice, is fugitive road dust that results from the operation of self-propelled sources. These emissions typically are included in a source's PTE. I suppose the distinction is that road dust is an indirect, not a direct, mobile source emission.)
-- Nonroad engines that are portable but not self- or otherwise propelled do not need to be permitted and should not be included in a facility's PTE, EXCEPT...
-- Nonroad engines that will stay in one location for more than a year (or more than 3 months each year for a seasonal source) should be considered a stationary source. But, the engine can move even within the facility to be considered as having not stayed at one location.
-- Other, non-engine portable sources should be considered to be stationary sources and require permitting.
-- It appears that, from the regulatory definitions, construction-related emissions should be considered to be secondary and to not contribute to the potential emissions of the source being constructed.
-- I suppose, though, that the construction emissions could constitute a permittable source in and of themselves. This gets into the concept of "temporary" sources which is even less clear than mobile and portable. At least one bit of EPA policy indicates that temporary sources should not be permitted under federal rules. But I've seen no definition of "temporary", and EPA may no longer fully agree with that policy. Further, I'm not aware of any guidance at all on the state level regarding temporary sources. One thing to consider would be whether a source is temporary only in the sense that it will operate at a single location for a limited time, in which case it may be more appropriately deemed a portable source.

Advanced NSR Guidance notes and Regulatory definition

EPA letter addressing "portable stationary" sources

ICE NSPS and NESHAP Applicability FAQs, Iowa DNR, 11/2209


More stuff specific to off-road engines (8/6/2010):

Cloud Peak Energy prepared the following letter to MDEQ analyzing NSPS, PSD and Title V exclusions for off-road engines.

Off-road Engine Emissions for Major Source Determinations

Here's a more complete citation of the NSPS exclusion:

40 CFR Part 60‚ Section 4219‚ Paragraph (Stationary_internal_co) [NSPS Subpart IIII]

Stationary internal combustion engine means any internal combustion engine, except combustion turbines, that converts heat energy into mechanical work and is not mobile. Stationary ICE differ from mobile ICE in that a stationary internal combustion engine is not a nonroad engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that definition), and is not used to propel a motor vehicle or a vehicle used solely for competition. Stationary ICE include reciprocating ICE, rotary ICE, and other ICE, except combustion turbines.

40 CFR Part 1068‚ Section 30‚ Paragraph (Nonroad_engine)

Nonroad engine means:

(1) Except as discussed in paragraph (2) of this definition, a nonroad engine is an internal combustion engine that meets any of the following criteria:
(i) It is (or will be) used in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers).
(ii) It is (or will be) used in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers).
(iii) By itself or in or on a piece of equipment, it is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

(2) An internal combustion engine is not a nonroad engine if it meets any of the following criteria:

(i) The engine is used to propel a motor vehicle, an aircraft, or equipment used solely for competition.

(ii) The engine is regulated under 40 CFR part 60, (or otherwise regulated by a federal New Source Performance Standard promulgated under section 111 of the Clean Air Act (42 U.S.C. 7411)).

(iii) The engine otherwise included in paragraph (1)(iii) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. See §1068.31 for provisions that apply if the engine is removed from the location.

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."