Details regarding the 2012 U.S. EPA Air Regulatory Agenda: regulatory proposals regarding greenhouse gases, startup / shutdown / and malfunctions, hazardous air pollutants, new source performance standards, and ozone.

1. Applying our technical expertise
to a more sustainable world…
EPA Regulatory Agenda 2013:
A Regulatory Roadmap
While every effort has been made to ensure the accuracy of this information, SC&A is not
responsible for any errors or omissions. This information is not a substitute for professional
environmental consulting services. If legal services are required, consult with legal counsel.
Andrew D. Shroads, QEP
Regional Director
P.O. Box 1276 • Westerville, OH 43086
) (614) 887-7227 • 8 ashroads @ scainc.com
sc&a, inc.

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What is the Regulatory Agenda?
Environmental Protection Agency (EPA) Regulatory Agenda
Twice a year, federal agencies publish on the internet a list of
important regulatory actions currently being considered
Required by Executive Order and several public laws
(e.g. Regulatory Flexibility Act, Unfunded Mandates Act)
Includes new regulations and de-regulation
Four categories of actions:
1. Long-term action: EPA is thinking about regulating
2. Pre-rule stage: EPA is assessing need for a regulation
3. Proposed rule stage: Expected proposed rules
4. Final rule stage: Expected final rules
Retrospective review: periodic review of existing regulations
Regulatory review: review required by statute

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Where is EPA going?
2 4
4
5
7
8
1112
24
4
Number of Regulations
GHG
Test Method
VOC
ODS
NAAQS
Permitting
NSPS
Mobile
NESHAP
Other

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Mandatory Reviews
5-year Review (Clean Air Act)
National Ambient Air Quality Standards
8-year Review (Clean Air Act)
New Source Performance Standards
National Emissions Standards for Hazardous
Air Pollutants (Part 63 only)
Retrospective Review
Mandated by Executive Order 13563
Independent of CAA Revisions
Focuses on the program (e.g. NSPS), rather than the subpart
• NAAQS
• NSPS
• NESHAP
(MACT)

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Upcoming Proposed Rules - I
NSPS Review (Retrospective Review)
Establishing criteria for when an NSPS should be reviewed
Compliance and Emissions Data Reporting Rule
Revised emissions factor development program
Electronic submission of facility compliance data
Volatile Organic Compound (VOC) Definition
Remove the special reporting requirement for t-Butyl Acetate
t-Butyl Acetate was removed from the VOC list in 2004, but
facilities were still required to report and record use
Remove 1-chloro-3,3,3-trifluoroprop-1-ene [1233zd(E)] from
VOC list

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Upcoming Proposed Rules - II
Startup, Shutdown, and Malfunction
EPA had exempted sources from complying with emissions
limits during startup, shutdown, and malfunction (SSM)
In 2008, the DC Circuit Court vacated the General
Provisions for the SSM emissions limit exemption [40 CFR
63.6(f)(1) and (h)(1)]
EPA is proposing new NESHAP and a revision to state-
implementation plans (SIPs) to establish new criteria
Startup / shutdown would either require special emissions
limits in the SIP or specialized control equipment
Malfunctions would be exempt, if they were
sudden, unavoidable, and unpredictable and the source
took all possible steps to minimize the impact on air
quality

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Upcoming Proposed Rules - III
Technical Corrections for the GHG Reporting Rule
Incorporate revisions in the Intergovernmental Panel on
Climate Change (IPCC), Fourth Assessment Report (2007)
• Revise global warming potentials (GWP) for many GHGs
• Add 26 new GHGs (F-gases)
New technical corrections, including:
• Expand use of emissions factors (Tier 1) and revisions to
some CO2 emissions factors in Subpart C (fuel combustion)
• Other corrections and modifications to subparts:
H, K, L, N, O, P, Q, X, Y, Z, AA, BB, DD, FF, HH, LL, MM, NN, PP
, QQ, RR, SS, TT, & UU

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Upcoming Proposed Rules - IV
Ozone NAAQS (5-year Review)
Updates to the ozone NAAQS
Likely lower primary and secondary standard
Current (2008 Standard): 75 ppb
2008 Range:
60-70 ppb

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Upcoming Final Rules - I
Continuous Opacity Monitors (COM) Quality Assurance
EPA does not currently have a quality assurance / quality
control (QA/Qc) procedure for COMs
Procedure 3 QA/QC for COMs will be in 40 CFR 60 Appendix F
VOC Definition
Four hydrofluoropolyethers (alternatives for
halon, HCFCs, and PFCs) will be excluded from the definition
of VOCs
• HFE134
• HFE-236cal2
• HFE-338pcc13
• H-Galden 1040X and H-Galden ZT 130, 150, or 180
Exclusion of 2,3,3,3 tetrafluoropropene

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Upcoming Final Rules - II
Revisions to Test Methods
Technical corrections and modifications to the testing
methods
Reciprocating Internal Combustion Engine NESHAP
Reconsideration to address peak shaving, technical
corrections, and emergency demand response
New Alternatives to Ozone Depleting Substances
Add three new substances to replace halons as part of the
Significant New Alternatives Policy (SNAP)
- Powdered Aerosol F, Powdered Aerosol G
and C7 Fluoroketone

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Upcoming Final Rules - III
National Uniform Standards (40 CFR, Part 65)
Applicable to chemical manufacturing and petroleum refining
EPA will harmonize 40 CFR, Part 65, the National Uniform
Standards for storage vessels and transfer operations
(I), equipment leaks (J), and control devices (M)
2010 SO2 NAAQS
Non-attainment
designations for
2010 SO2 Primary and Sec-
and Secondary
NAAQS

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Upcoming Final Rules - IV
GHG NSPS for New Electric Generating Units
EPA received 2,679,220 comments on proposal
When a final rule is issued, GHGs will be
considered a “regulated air pollutant”
For Title V facilities, GHGs go from a facility-level concern to
an emissions unit-level concern at all facilities
GHG will have to be calculated for each emissions unit
Unclear how insignificant emissions units will be treated
July has been cited by news
outlets for an announcement
by Obama Administration on
climate change proposals

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Long Term Actions
Title V Permit Program Modifications
EPA will implement several modifications suggested by the
Clean Air Act Advisory Committee in 2004, the EPA
inspector general, and state permitting authorities
Alternative public notice, additional minor permit
revisions, and excluding insignificant emissions units
Reconsideration of Fugitive Emissions in NSR
Final action on whether fugitive emissions should be included
for major modifications at all sources (historical) or only in
certain industries designated in Clean Air Act (2008 decision)

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NESHAP Residual Risk Reviews
Proposed Rule Stage:
Flexible Polyurethane Foam Production
Long Term Actions:
Phosphoric Acid / Phosphate Fertilizer Production
Mercury Cell Chloro-Alkali Plants
Primary Aluminum Reduction
Secondary Aluminum Production

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Further Action on Regulatory Agenda
The EPA Regulatory Agenda is available at:
http://www.reginfo.gov/
All EPA rules are included, not just air
Although supposed to be printed every 2 years, EPA has not
always followed that schedule. Two bills are being considered
in the U.S. Senate:
• Inspector General for EPA must determine if EPA complied
with regulatory agenda requirements
• Funding is withheld from EPA if it fails to
issue a timely regulatory agenda

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Thank you
Any Questions?
The End