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Understanding Court Vacaturs and MACT Regulations for Brick and Clay Industries

This document outlines the regulatory framework surrounding the recent court vacaturs influencing the Brick and Clay industries. It reviews compliance timelines, state rule deletions, and multiple strategic plans (A, B, and C) for maintaining necessary permits and addressing MACT regulations. Significant details include the role of Information Collection Requests (ICR), guidance development for region-specific regulations, and collaboration efforts with the DOJ and Sierra Club. The aim is to identify effective implementation strategies while managing urban air toxic risks and fostering flexibility in regulatory actions.

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Understanding Court Vacaturs and MACT Regulations for Brick and Clay Industries

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Presentation Transcript

  1. Court Vacaturs

  2. Court Actions to Vacate

  3. Regulating Brick & Clay • Vacatur occurred 1 year after compliance • Most sources were in compliance and permitted • Plan A – Maintain Permit in place • Maintain state rule (i.e. vacated MACT): SC • Deleted State rule: AL, FL, GA, KY, MS, NC • Plan B – Remove MACT from permit • Issue hollow permit ? • 112(j) placeholder language ? • Regulate through 112(j) • Plan C ?

  4. Regulating Boilers in Region 4

  5. 112(j) Guidance & ICR • Guidance issued when ICR is approved • ICR – Provides authority to collect info. • Expired May 31, 2005 & not renewed • ICR status: • Published in FR on November 2, 2007 • Received 6 comment letters • Revised and sent to OMB for approval • Published in FR April 17, 2008 • 30 day comment period ( May 19 ) • Response to comments not required • 60 days from April 17 to approve ( June 16 ) • Distribute guidance

  6. CAMR History • In 2000, source category listed for regulation pursuant to 112(c)(5) • In 2005, regulated under 111(d) & delisted category from 112(c) list • March 14, 2008, court vacated 111(d) rule and the previous delisting action • March 08, EPA petitioned court for rehearing • Court denied petition

  7. 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)

  8. MACT Rule Development • Brick/Clay MACT: Starting from scratch on rulemaking • Section 114 letters – new testing • DOJ negotiating with Sierra Club on schedule • Boiler MACT: Major & area source rules + Sec. 129 definition • DOJ negotiating schedule; July 2010 is “unofficial” date • Section 114 letters for new information • NACAA model rule due in June 2008 • Utilities MACT: • DOJ will negotiate schedule • Section 114 letters for new information • PVC MACT (Vacated April 2005) • Workgroup recently formed – information being collected • Defense Land Systems & Misc. Equipment (coatings) • Applicable to military facilities • No workgroup formed to date

  9. Area Source Implementation Issues • Expectations for Area Source Implementation • State Area Source Activities • What can EPA do to Help?

  10. Expectations for Area Source Implementation • Goal – To work collaboratively utilizing a flexible implementation approach to reduce urban air toxic risks • Flexible Implementation Steps for Discussion (level of effort will vary between source categories) • Accept delegation • Identify sources In category • Provide rule information to identified sources • Receive initial notifications • Follow-up on notifications with identified sources • Permit sources if required • Provide compliance assistance • Receive/review compliance test plans • Observe compliance tests when possible • Receive/review compliance notifications/reports • Inspections as needed

  11. State Area Source Activities • South Carolina’s Approach on Area Sources • Alabama’s outreach efforts

  12. What can EPA do to help? • Provide support to locate potentially regulated sources through database searches (Reference USA) • Development of outreach materials/flyers • Conduct limited outreach/training • Facilitate development of SEE agreements to support agency implementation efforts • Facilitate development of MOUs to define implementation principles & flexibility • Seed money to support activities outlined above

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