1. CAA Air Toxics and §129 Combustion Program Update
Fall Air Directors’ Meeting St. Petersburg, FL
11/9/16
Ken Mitchell
U.S. Environmental Protection Agency
Atlanta, GA

2. Air, Pesticides and Toxics Management Division
Air, Pesticides & Toxics Management Division
Beverly H. Banister, Director
Carol L. Kemker, Deputy Director
Jeaneanne M. Gettle, Deputy Director
Immediate Office Staff
Grants and Strategic Planning Team (Stuart Perry, Team Leader)
Air Enforcement and Toxics Branch
North Air Enforcement and Toxics Section
South Air Enforcement and Toxics Section
Air Planning and Implementation Branch
Air Permitting Section
Air Regulatory Management Section
Air Analysis and Support Branch
Air Data and Analysis Section
Communities Support Section
Chemicals Safety and Enforcement Branch
Chemical Management and Emergency Planning Section
Lead and Asbestos Section
Pesticides Section
Our “Stationary Source Team” Lives here!

3. APTMD Stationary Source Team
Team Focus
Program Implementation of CAA §§111, 112, and 129
Team Organization
Located in the Air Enforcement and Toxics Branch (AETB)
Team Management
Beverly Spagg, Branch Chief
Todd Russo and Dick DuBose, Section Chiefs
Team Staff
Ken Mitchell, Stationary Source Team Lead
David McNeal – Landfills (new and existing), Acid Rain, Monitoring and Testing
Keith Goff - §111 (NSPS, New and Existing Sources)
Lee Page - §112 (NESHAPs/MACT)
Mark Bloeth - §129 (Combustion Standards; new and exist

4. Stationary Sources - Focus on Waste Management

5. Drilling further down -- CAA Section 129 Rules
For Each Type of Source, EPA Develops*
An NSPS for new sources
An Emission Guideline (EG) for existing sources - states respond with a state plan for EPA review
A Federal Plan for states that do not have an approved state plan in place; the Federal Plan applies to affected sources until the state has an approved state plan in effect (states can also take delegation of the Federal Plan)
*And revises as necessary

6. Status of Section 129 State Plans in Region 4
We have made a review of the status of state/local submittals
We plan to begin reaching out to states/locals to confirm the status of your various submittals
Who would you like us to contact (who is your current POC for section 129)?
***From the Air Planning Agreement*** Prepare and submit CAA sections 111(d) and 129 state plans and letters of certification in accordance with regulatory timeframes. In addition, collect and submit reports on progress of sections 111(d) and 129 plans annually, pursuant to 40 CFR 60.25(e) and (f).

7. Where do I send §129/111 Information?
Please do not bundle §129/111 submittals with criteria pollutant SIP submittals
Please do send §129/111 information separately to the attention of:
Beverly Spagg, Chief Air Enforcement and Toxics Branch U.S. EPA Region Forsyth Street, SW Atlanta, GA

8. Industrial/Commercial/Institutional Boilers & Process Heaters
Final rule promulgated on January 31, 2013
Rule amendments promulgated on November 5, 2015
Compliance date - January 31, 2016
US Sugar Corp. petitions court to vacate rule – December 3, 2015
DC Court vacates portion of rule - July 29, 2016  
Mandate has not been issued
Court did not specify which subcategories to vacate
EPA petitions to remand without vacatur – Sept. 12, 2016
Mandate to be issued after petitions resolved
Rule remains in effect

9. Municipal Solid Waste Landfills (111(b) and 111(d))
Revised NSPS and Revised Emission Guideline Promulgated July 14, 2016
Original versions back in 1996
Several updates proposed over the years, but not finalized
Revised NSPS (sources new and modified after 7/17/14) expected to cover approximately 128 sources nationwide
Emission Guideline (existing on or before 7/17/14) expected to cover 1014 sources nationwide
Revised State Plan is due to EPA by May 30, 2017
Dave McNeal at R4 is primary contact

10. Questions?