Air Quality Technical Advisory Committee August 4, 2016 Harrisburg, PA Final Federal Plan Requirements For Sewage Sludge Incineration Units Constructed On Or Before October 14, 2010 Air Quality Technical Advisory Committee August 4, 2016 Harrisburg, PA Tom Wolf, Governor Patrick McDonnell, Acting Secretary

Introduction On February 22, 2016, the Environmental Protection Agency (EPA) finalized the federal plan for existing sewage sludge incinerators (SSI) that began construction on or before October 14, 2010. The federal plan will implement the 2011 Emission Guidelines (EG) for SSI located in states that do not have an approved state plan in place.

Introduction Emissions limits for all regulated pollutants The SSI federal plan includes: Emissions limits for all regulated pollutants Visible emissions limit for ash handling operations Requirements for annual inspections of emission control devices Annual testing, monitoring, recordkeeping, and reporting requirements

Introduction Procedures for test data submittal to EPA; The SSI federal plan also includes: Procedures for test data submittal to EPA; Schedule for compliance with the federal plan; Title V permit provisions; and Delegation of authority provisions

Background EPA promulgated EG to reduce emissions from existing SSI on March 21, 2011. Within 1 year of promulgation of the EG, the Clean Air Act (CAA) requires states with existing SSI to submit implementation plans to EPA. These plans must specify how the state will implement and enforce the SSI EG. Most state plans have been submitted and either have been approved or are currently undergoing EPA review.

Background Within 2 years of promulgation of the EG, the CAA requires the EPA to develop, implement, and enforce a federal plan for existing SSI in any state that has not submitted an approvable plan to the EPA. This federal plan implements and enforces the emissions limits and other requirements for SSI in states that did not develop an approvable state plan.

Background In response to public comment, this final rule clarifies the compliance date, operator training requirements, and federal plan delegation. Also, the final rule clarifies certain performance testing and monitoring provisions. The federal plan contains the same elements that state plans are required to contain, including source and emissions inventories, emission limits, testing, monitoring, and reporting requirements, as well as compliance schedules that include milestones for progress.

Background After state plans and the federal plan for existing SSI become effective, emissions from these incinerators will decrease. Toxic air pollutants, also known as hazardous air pollutants, are those pollutants known or suspected of causing cancer and other serious health effects. Key emissions reductions will include 450 tons per year (tpy) of acid gases (i.e., hydrogen chloride and sulfur dioxide), 58 tpy of particulate matter, 1.7 tpy of metals (i.e., cadmium and lead), and 4 pounds of mercury.

Background On August 20, 2013, the U.S. Court of Appeals for the District of Columbia Circuit (the Court) remanded portions of the 2011 SSI rules (new source performance standards and EG) for further explanation. The Court did not vacate the rules, leaving their requirements in place. EPA is evaluating the Court’s decision and intends to address the Court’s remand in the future.

Delegation of SSI Federal Plan The Pennsylvania Department of Environmental Protection (DEP or Department) has adequate resources and legal authority to implement the Federal SSI Plan. 40 CFR Part 60, Subparts LLLL and MMMM requirements are adopted in their entirety and incorporated in the Pennsylvania Code at Section 122.3 (relating to adoption of standards).

Delegation of SSI Federal Plan To this end, the DEP will request that EPA delegate authority to the Department to implement and enforce the Federal SSI Plan codified at 40 CFR Part 62, Subpart LLL.

Inventory of Sources List of Existing Sewage Sludge Incineration Units in Pennsylvania subject to Emission Guidelines, 40 CFR Part 60, Subpart MMMM Permit No. Facility Name Region Existing Control Devices Compliance 23-00038 DELCORA Delaware County Reg WA Treatment Plant Southeast Venturi and Impingement Scrubber No 25-00179 Erie City Sewer Authority Northwest   Unknown 40-00067 Wyoming Valley Sani Authority Northeast 46-00175 Hatfield Twp Muni Authority 46-00221 Upper Moreland Hat Boro Joint Sewer Authority 46-00230 East Norriton, Plymouth Whitpain Joint Sewer Authority Venturi Scrubber

Regulated Pollutants The final rule sets limits for nine pollutants under section 129 of the CAA: cadmium (Cd), carbon monoxide (CO), hydrogen chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides (NOX), particulate matter (PM), polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans (PCDDs/PCDFs), and sulfur dioxide (SO2).

Legal Authority to Implement the Federal Plan Pursuant to 40 CFR §60.26(a), DEP must demonstrate that it has the legal authority to implement and enforce the plan. The demonstration of legal authority must demonstrate that the Commonwealth is authorized to: (a) adopt emission standards and compliance schedules applicable to designated facilities;

Legal Authority to Implement the Federal Plan (b) enforce applicable laws, regulations, standards, compliance schedules and seek injunctive relief; (c) obtain information necessary to determine whether designated facilities are in compliance with applicable laws and regulations, standards and compliance schedules including authority to require recordkeeping and to make inspections and conduct tests of designated facilities; (d) require owners or operators of designated facilities to install, maintain, and use emission monitoring devices and to make periodic reports to the State on the nature and amounts of emissions from such facilities; and (e) make such data available to the public as reported and as correlated with applicable emission standard.

Legal Authority to Implement the Federal Plan On December 27, 1997, DEP amended 25 Pa. Code §122.3 (relating to adoption of standards) to adopt in their entirety and incorporate by reference, the federal Emission Guidelines promulgated in 40 CFR Part 60 by the EPA Administrator (27 Pa.B. 6809). Therefore, the EGs which are codified at 25 Pa. Code §122.3 will serve as the legal mechanism to implement the Emission Guidelines.

Legal Authority to Implement the Federal Plan The amendments to §122.3 were duly promulgated under applicable state law including the Air Pollution Control Act (35 P. S. §4001 et seq.), Commonwealth Documents Law (45 P.S. §1102 et seq.), Commonwealth Attorneys Act (71 P.S. §§745.1-745.15), and the Regulatory Review Act (71 P.S. §745.1 et seq.).

Legal Authority to Implement the Federal Plan Additionally, the Air Pollution Control Act provides DEP with adequate legal authority to: (a) adopt emission standards and compliance schedules applicable to designated facilities; (b) enforce applicable laws, regulations, standards, compliance schedules and seek injunctive relief;

Legal Authority to Implement the Federal Plan (c) obtain information necessary to determine whether designated facilities are in compliance with applicable laws and regulations, standards and compliance schedules including authority to require recordkeeping and to make inspections and conduct tests of designated facilities;

Legal Authority to Implement the Federal Plan (d) require owners or operators of designated facilities to install, maintain, and use emission monitoring devices and to make periodic reports to the State on the nature and amounts of emissions from such facilities; and (e) make such data available to the public as reported and as correlated with applicable emission standards. See generally 35 P.S. § 4004.

Questions? Contact information: Craig Evans, P.E. Department of Environmental Protection, Bureau of Air Quality Rachel Carson State Office Building 400 Market Street, Harrisburg, PA 17105 Phone: 717.772.3995 | Fax: 717.772.2303 craevans@pa.gov