NC Air Toxics Rules Changes Overview
State of North Carolina's changes to air toxics rules presented by Mike Abraczinskas, Deputy Director of the Division of Air Quality. Background, session law overview, emission trends, and implementation details included. Overview of federal regulations exemptions and requirements for rule amendments and reviews. Key focus on reducing regulatory burden while protecting public health.
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Presentation Transcript
Changes to the NC Air Toxics Rules Mike Abraczinskas, Deputy Director North Carolina Division of Air Quality Environmental Management Commission March 13, 2014 1
Overview Background Session Law Overview of rule changes Emission trends Implementation of Session Law How s it going? Presentation of Hearing Officer s Report 2
Background State Air Toxics rules established in early 1990s Absence of effective federal program at the time 20+ years since USEPA issued >100 rules Existing sources controls reflect the 12 percent best performing New sources controls reflect the best performing NC toxics emissions down 67% between 1998-2012 Facilities required to comply with federal standards have rarely had to take additional measures to meet the State Air Toxics rules. 3
Air Toxics Summary of Session Law 2012-91 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 4
Air Toxics Section 1 Exempts 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 5
Air Toxics Section 3 Requires DAQ to review the State air toxics rules and their implementation to determine whether changes could: Reduce unnecessary regulatory burden Increase the efficient use of DAQ resources while maintaining protection of public health Conduct the review in consultation with interested parties Report the results of the review and include recommendations to the ERC by 12/1/12 6
Summary of Recommendations from Section 3 Report 1. Develop an additional set of emissions thresholds for pollutants coming from unobstructed vertical stacks 2. Exempt natural gas and propane combustion sources 3. Exempt emergency engines 4. Eliminate Standard Industrial Classification call 5. Clarify use of actual rate of emissions 6. Remove the term unadulterated wood from rules 7
Air Toxics Section 4 Requires DAQ report to the ERC on the implementation of this Act December 1, 2012, 2013 and 2014 The report shall include an analysis of air toxic emission changes and a summary of results of the Division s analysis of air quality impacts. 8
Air Toxics Section 4 June 28, 2012 September 30, 2013 960 permits issued, revised or renewed 10
960 36 applications with net increase in toxic emissions 11
960 36 16 facilities DAQ reviewed existing info 4 facilities Agency performed modeling Zero 7 facilities voluntarily provided modeling Director s Calls 9 facilities below TPER Note: Prior to session law, all 27 of these facilities would have performed modeling to submit to DAQ. 12
Contact Information Mike Abraczinskas, CPM, EIT Deputy Director NC Division of Air Quality (919) 707-8447 Visit our web site: http://www.ncair.org/ Michael.Abraczinskas@ncdenr.gov 13
Hearing Officers Report on NC Air Toxics Rules Brad Newland, Regional Supervisor North Carolina Division of Air Quality Environmental Management Commission March 13, 2014 14
