### TECHNICAL SUPPORT DOCUMENT

FOR THE COMMONWEALTH OF VIRGINIA

SECTION 111(d)/129 PLAN

FOR T H E CONTROL OF EMISSIONS FROM EXISTING

SEWAGE SLUDGE INCINERATOR UNITS

Submitted By the Virginia Depar tment of Environmental

Quality on December 1 2 , 20 1 2

TSD Prepared by Mike Gordon

Office of Permits and Air Toxics , 3AP 10 U.S. Environmental Protection Agency, Region 3

1650 Arch Street Philadelphia, Pennsylvania 19103

(215)814

- 2 039

Reviewed By:

/s/

Kathleen Cox
Associate Director

Offic e of Permits and A ir Toxics

10/24/2013 Date Signed2 TABLE OF CONTENTS

Page

I. General provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

A. What action is EPA approving? . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

B . What pollutant(s) will this action control?

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

C . What are the expected environmental and public health benefits from controlling Sewage Sludge Incinerator (SSI) emissions?

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

II. Federal requirements the Virginia ( VA ) p lan must meet for approval

. . . . . . . . . . . . . . . . . 3

A. What general requirements must the VADEQ m eet i n order to receive approval of its plan?

........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 3

B. What does the VA p lan contain?

. ........................ . . . . . . . . . . . . . . . . . . . . ..... ... 3

C. Does the VA plan meet all EPA requirements for approval?

................................... .... 4

III. Requireme nts for affected SSI unit owners/operators

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6

A . What general requirements must I meet under the approved plan?

. . . . . . . . ........... 1 6

B. Is there a requirement for obtai ning a Title V permit? . . . . . . . . . . . . . . . . . . . . . . . . 1 6

IV . Conclusion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 63 VIRGINIA Section 111 (d)/129 PLAN FOR EXISTING SEWAGE SLUDGE

INCINERATION UNITS

I

. General Provisions

Q. What action is EPA approving?

A

. On December 1 2

, 2012 t he Virginia Department of Environmental Quality (VADEQ)

submitted a formal Clean Air Act (CAA) Section 111(d)/129 plan (the “plan” ) to EPA

. This rulemaking action is for the approval of Virginia’s plan which addresses EPA’s March 21, 2011

final rule for Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources : Sewage Sludge In cineration Units, 40 CFR 60, Subparts LLLL and MMMM ( 76 FR 15372 ). Included with the plan is Virginia’s state rule for “Emissions Standards for Sewage Sludge Incineration Units.” T he scope of Virginia’s plan and EPA ’s approval is limited

to Part 60 and 6 2 provisions relevant to existing SSI units

.

Q. What pollutant(s) will this action control?

A. The pollutants are dioxins/furans, carbon monoxide, metals (cadmium, lead, mercury, particulate matter), opacity, hydrogen chloride, sul f ur dioxide, and ni trogen oxides

.

Q. What are the expected environmental and public health benefits from controlling SSI

emissions?

A. The benefits are explained in Section VI of the preamble to the f inal NSPS and e missions

g uidelines . (76 FR 15397)

.

II. Federal Requir ements the Virginia SSI plan must meet for approval

Q. What general requirements must the VADEQ meet to receive approval of its plan submittal ?

A. The Virginia plan must meet the requirements of 1) 40 CFR Part 60, Subpar t B, Sections 60.23 through .26

, except the provisions relating to electric generating units ; 2) 40 CFR Part 60, Subpart MMMM ; and 3) 40 CFR Part 62, Subpart A

.

Q. What does the Virginia plan contain?

T he plan contains regulations under the Virginia Administrative Code (VAC), specifical ly Article 55 of 9VAC5 Chapter 40 , entitled “ Emissions Standards for Sewage Sludge

Incinerators. ” This rule was promulgated by Virginia as a result of the March 21, 2011 final

e missions g uidelines and NSPS for SSI units

. The submitted plan contains :

1 ) The Virginia plan, including 9VAC5

- 40, Article 55.

2) Certification of public participation activities.4

3) Record of hearing and summary of public comment.

Q. Does the Virginia plan meet all EPA requirements for approval?

A. Yes. The completenes s and approvability of the Virginia plan in the context of 40 CFR Part 60, Subparts B, and MMMM are summarized below.5 9VAC5

- 40 Article 55 Review

Subpart MMMM ( ' ' 60. 5085 through 60. 5250 ) Model Rule Requirements

Subpart MMMM

– Federal Requirements, Rule Se ction(s). 9VAC5

- 40 Article 55 Does State

Rule Meet Subpart

MMMM Requirements? Comment(s)

Increments of Progress, §§60.5085 to 5125 9VAC5

- 40

- 8280 Yes Contains final control plan submittal date of March 21,

2013 and a final compliance date of March 21, 2016.

The plan incorporates by reference the language in 40 CFR § 60.5085 to 5125 into the state rule for existing SSI

units. Operator Training and Qualification, §§60.5130 to 5160 9VAC5

- 40

- 8280 Yes The plan incorporat es by reference the language in 40 CFR § 60.5 130 to 51 60 into the state rule for existing SSI

units.

Emission L imits, Emission Standards, and Operating Limits and Requirements

, §§60.51 65 to 5181 9VAC5

- 40

- 8220,

9VAC5

- 40

- 82 9 0

, 9VAC5

- 40

- 8 340.B.2. Yes The pl an incorporates by reference the language in 40 CFR § 60.51 65 to 51 81 into the state rule for existing SSI

units.

Initial Compliance Requirements, §§60.5185 to 5200 9VAC5

- 40

- 8300.B.3 Yes The plan incorporates by reference the language in 40 CFR § 60.51 85 to 5 200 into the state rule for existing SSI

units. Continuous Compliance Requirements, §§60.5205 to 5215 9VAC5

- 40

- 8300.B.3 Yes The plan incorporates by reference the language in 40 CFR § 60.5 205 to 52 15 into the state rule for existing SSI

units.

Perfor mance Testing, Monitoring, and

Calibration Requirements

, §§60.5220 to 5225 9VAC5

- 40

- 8310.B.5 Yes The plan incorporates by reference the language in 40 CFR § 60.52 20 to 5225 into the state rule for existing SSI

units.

Recordkeeping and Reporting, §60.5230 to 5235 9VAC

- 5

- 40

- 8320.B.3. Yes The plan incorporates by reference the language in 40 CFR § 60.52 30 to 52 3 5 into the state rule for existing SSI

units.6

Title V Operating Permits, §§60.5240 to 5245 9VAC5

- 40

- 8350 Yes The plan incorporates by reference the language in 40 CFR § 60.52 40 to 52 45 into the state rule for existing SSI

units.
Definitions, §60.5250 9VAC5

- 40

- 8210.C Yes The plan incorporates by reference the language in 40 CFR § 60.52 50 into the st ate rule for existing SSI units with limited exceptio ns noted in subsection C

. While the definition of “Administrator” has been changed to mean “the board” for purposed of the state rule for existing SSI units, we note that the EPA Administrator retains authority for several tasks, as stipulated in 40 CFR

6 0.5050 and in the plan, Section J

– Discretionary Authority.

Tables 1 through 6 9VAC5

- 40

- 8280

A and B.

, 9VAC5

- 40

- 8370.B Yes The requirements of Table 1 of the emissions guidelines

are addressed in 9VAC5

- 40

- 8280 A and B.

The requirements of Tables 2 thr ough 6 are incorporated by reference into the state rule.7

Evaluation of the Virginia plan submittal against the requirements of 40 CFR Parts 60, Subpart B, Sections 60.23 through 60.26

.

40 CFR 60.23

- Adoption and submittal of State plan s ; publ ic hearings

.

Federal Requirements VA D E Q Submittal

' 60.23(a) (1) Within nine months after notice

of the availability of a final guideline

document is published under ' 60.22(a), each

State shall adopt and submit to the

Administrator, in accordance with ' 60.4, a

plan for the control of the designated pollutant to which the guideline document applies. CAA section 129(b)(2) supersedes this provision. States are allowed up to one year after rule promulgation to submit a plan.

(2) Within nine months after notice of the availability of a final revised guideline document is published as provided in

' 60.22(d)(2), each State shall adopt and

submit to the Administrator any plan revision necessary to meet the requirements of this subpart. Subpart MMMM

, ' 60. 5005(b) supersedes

' 60.23

. State plans were due March 21,

2012

.

' 60.23(b) If no designated facility is located

within a State, the State shall submit a letter of

certification to that effect to the Administrator within the time specified in p aragraph (a) of this section. Such certification shall exempt the State from the requirements of this subpart for that designated pollutant. Not applicable.

' 60.23(c) (1) Except as provided in

paragraphs (c)(2) and (c)(3) of this section, the State shall, prior to the adoption of any plan or revision thereof, conduct one or more public hearings within the State on such plan or plan

revision. A public h earing on the plan was held in Richmond, VA on December 5, 2012

.8

' 60.23(d) Any hearing required by paragraph

(c) of this section shall be held only after reasonable notice. Notice shall be given at least 30 days prior to the date of such hearing. A certified copy of the required public notice was provided. The notice was published in the November 5, 2012 version of the Virginia Register of Regulations

.

' 60.23(e) The State shall prepare and retain,

for a minimum of 2 years, a record of each

hear ing for inspection by any interested party. The record shall contain, as a minimum, a list of witnesses together with the text of each presentation. The pla n states that in accordance with §60.23(e), the complete record of the hearing, along with the lis t of commenters and the text of the written presentations or summary of the oral presentations, is located at the Air Division of the VADEQ.

' 60.23(f) The State shall submit with the

plan or revision :

(1) Certification that each paragraph ( c)

of this section was held in accordance with the notice required by paragraph (d) of this section; and

(2) A list of witnesses and their organizational affiliations, if any, appearing at the hearing and a brief written summary of each present ation or written submission. The VA D E Q submitted the required

certification. No comment was received on the proposed plan.

' 60.23(g) provides for alternate procedures

to insure public participation

. Not applicable.

40 CFR 60.24

-- Emission standards and compliance schedules

' 60.24(a) Each plan shall include emission

standards and compliance schedules. The plan contains emissions limits consistent with the provisions of Subpart MMMM.

' 60.24(b) (1) Emission standards shall Not applicable.9

prescribe allowable rates of emissions except when it is clearly impracticable. Such cases will be identified in the guideline documents

issued under ' 60.22. Where emission

standards prescribing equipment specification are established, the plan shall, to the deg ree possible, set forth the emission reductions achievable by implementation of such specifications, and may permit compliance by the use of equipment determined by the State to be equivalent to that prescribed.

(2) Test methods and procedures for determining compliance with the emission standards shall be specified in the plan. Methods other than those specified in Appendix A to this part may be specified in the plan if shown to be equivalent or

alternative methods are defined in ' 60.2(t)

and (u). The plan submittal contains the required regulatory provisions

. Test methods and procedures for determining compliance are contained in 9VAC5, Chapter 40, Article 55.

(3) Emission standards shall apply to all designated facilities within the State. A plan may contain emission standards adopted by local jurisdictions provided that the standards are enforceable by the State. T he plan applies to all designated facilities within the Commonwealth of Virginia.

' 60.24(c) Except as provided in paragraph

(f) of this section where the Administrator has determined that a designated pollutant may cause or contribute to endangerment o r public health, emission standards, shall be no less stringent than the corresponding emission guideline(s) specified in Subpart C of this part, and final compliance shall be required as expeditiously as practicable but no later than the compliance times specified in Subpart C of this part. 9VAC5

- 40

- 8280 requires expeditious compliance no later than March 21, 2016.

' 60.24(d) Where the Administrator has Not applicable under sect ion 129 rules.10

determined that a designated pollutant may cause or contribute to endangerment of public welfare but that adverse effects on public health have not been demonstrated, States may balance the emission guidelines, compliance times, and other information provided in the applicable guideline document against other factors of public concern in

esta blishing emission standards, compliance schedules, and variances. Appropriate consideration shall be given to the factors

specified in ' 60.22(b) and to information

presented at the public hearing(s) conducted

under ' 60.23(c).

' 60.24(e)(1) Any compliance schedule

extending more than 12 months from the date required for submittal of the plan shall include legally enforceable increments of progress to achieve compliance for each designated facility or category of facilities. Increments of progress shall include, where practicable, each

increment of progress specified in ' 60.21(h)

and such additional increments of progress as may be necessary to permit close and effective supervision of progress toward final

c ompliance. 9VAC5

- 40

- 8280 requires final control plan submittal by March 21, 2013 and final compliance by March 21, 2016.

(2) A plan may provide that compliance schedules for individual sources or categories of sources will be formulated

aft er plan submittal. Any such schedule shall be the subject of a public hearing held

accordingly to ' 60.23 and shall be submitted

to the Administrator within 60 days after the date of adoption of the schedule but in no case later than the date prescribed f or submittal of the first semiannual report required by

' 60.25(e). Not applicable for section 129 sources.11

' 60.24(f) On a case

- by

- case basis for

particular designated facilities, or classes of facilities, States may provide for the applicati on of less stringent emission standards or longer compliance schedule than those otherwise required by paragraph (c) of this section, provided that the State demonstrated with respect to each facility (or class of facilities):

(1) Unreasonable cost of control resulting from plant age, location or basic process design:

(2) Physical impossibility of installing This provision is superseded by 129 (b)(2) that requires plan emission standards to be at “least as protective” as the emiss ion guidelines. 9VAC5, Chapter 40, Article 55 contains emissions limitations that are equal to those contained in 40 CFR part 60, subpart

MMMM.

necessary control equipment; or

(3) Other factors specific to the facility (or class of fa cilities) that make application of a less stringent standard or final compliance time significantly more reasonable.

' 60.24(g) Nothing in this subpart shall be

construed to preclude any State or political subdivision thereof from adopting or

enforci ng :

(1) emission standards more stringent than emission guidelines specified in Subpart C of this part or in applicable guideline

documents

, or

(2) compliance schedules requiring final compliance at earlier times than those specif ied in Subpart C or in applicable guideline documents. The Commonwealth of Virginia is not imposing more stringent emission standards

than those under 40 CFR part 60, subpart

MMMM

.

40 CFR 60.25

-- Emission inventories, source surveillance, report s

.

The plan contains the required source12

' 60.25(a) Each plan shall include an

inventory of all designated facilities, including emission data for the designated pollutants

and information related to emissions as specified in Appendix D to this part. Such

data shall be summarized in the p lan, and emission rates of designated facilities shall be correlated with applicable emission standa rds. As used in this subpart, “ correlated ” means presented in such a manner as to show the relationship between measured or estimated

amounts of emissions and the amounts of such emissions allowable under applicable

emission standards. emission inventories

– Attachment B . Any

affected source not listed in the inventory must comply with all applicable requirements.

' 60.25(b) Each plan shall provide for

monitoring the status of compliance with applicable emission standards. Each plan shall, as a minimum, provide for:

(1) Legally enforceable procedures for requiring owners and operators of designated facilities to maintain records and periodically report to the State information on the nature and amount of emissions from such facilities, and/or such information as may be necessary

to enable the State to determine whether such facilities are in complia nce with applicable portions of the plan.

(2) Periodic inspection and, when applicable, testing of designated facilities. Monitoring, recordkeeping, reporting and testing requirements are contained in 9VAC5

- 40

- 8310 and 8320.

The EPA Admini strator retains authority for several tasks, as stipulated in 40 CF R 60.5050

and in the plan , Section J

– Discretionary Authority

.

' 60.25(c) Each plan shall provide that

information obtained by the State under paragraph (b) of this section shall be

c orrelated with applicable emission standards

(see ' 60.25(a)) and made available to the

general public. VADEQ has the authority to make emissions data available to the public.

See comments for § 60.25(b) and (c).13

' 60.25(d) The provisions referred to in

paragraphs (b) and (c) o f this section shall be specifically identified. Copies of such provisions shall be submitted with the plan

unless:

(1) They have been approved as portions of a preceding plan submitted under this subpart o r as portions of an implementation plan submitted under Section 110 of the Act, and

(2) The State demonstrates:

( i) That the provisions are applicable to the designated pollutant(s) for which the plan is submitted, and

( ii) That the requirem ents of

' 60.26 are met. Provisions to require emissions data on a periodic basis are found in 9VAC5

- 20

- 160. Provisions concerning the availabi lity of

information are found in 9VAC5

- 170

- 60.

These provisions were provided to EPA in a separate submittal dated August 11, 2003 and

which is cross

- referenced as appropriate in the corresponding portions of the state SSI regulation.

' 60.25(e) The St ate shall submit reports on

progress in plan enforcement to the Administrator on an annual (calendar year) basis, commencing with the first full report period after approval of a plan or after promulgation of a plan by the Administrator. Information requi red under this paragraph must be included in the annual report required

by ' 51.321 of this chapter. The VADEQ commits to submitting annual progress reports to EPA

. Ea ch progress report

will include: enforcement actions, achievement of increments of pro gress, identification of sources that have ceased operation, emission inventory information for sources that were not in operation at the time of plan development, updated emission inventory and compliance information, and copies of technical reports on al l emission testing, including concurrent process data.

' 60.25(f) Each progress report shall include:

(1) Enforcement actions initiated against designated facilities during the reporting period, under any emission standard or compliance schedule of the plan.

(2) Identification of the achievement of any increment of progress required by the See above.14

applicable plan during the reporting period.

(3) Identification of designated facilities that have ceased operation during the report period.

(4) Submission of emission inventory data as described in paragraph (a) of this section for designated facilities that were not in operation at the time of plan development but began operation during the reporting period.

(5) Submission of additional data a s necessary to update the information submitted under paragraph (a) of this section or in previous progress reports.

(6) Submission of copies of technical reports on all performance testing on designated facilities conducted under paragraph (b)(2) of thi s section, complete with concurrently recorded process data.

40 CFR 60.26

-- Legal authority

' 60.26(a) Each plan shall show that the

State has legal authority to carry out the plan, including authority to:

(1) Adopt emission standa rds and compliance schedules applicable to designated

facilities.

(2) Enforce applicable laws, regulations, standards, and compliance schedules, and seek injunction relief.

(3) Obtain information necessary to determine whether desig nated facilities are in compliance with applicable laws, regulations, standards, and compliance schedules, including authority to require recordkeeping and to make inspections and conduct tests of designated facilities. A demonstration of Virginia’s legal authority to carry out the plan is outlined in Plan

Provisions

– Section I.15

(4) Require owners or op erators 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; also authority for the State to make such data

available to th e public as reported and as correlated with applicable emission standards.

' 60.26(b) The provisions of law or

regulations which the State determines provide the authorities required by this section shall be specifically identified. Copies of such laws or regulations shall be submitted with the plan unless:

(1) They have been approved as portions of a preceding plan submitted under

this s ubpart or as portions of an implementation plan submitted under section 110 of the Act, and

(2) The State demonstrates that the laws or regulations are applicable to the designated pollutant(s) for which the plan is

submitted. See above.

' 60.26(c) The plan shall show that the

legal authorities specified in this section are

available to the State at the time of submission of the plan. Legal authority adequate to meet the requirements of paragraphs (a)(3) and (4) of this section may be delegated to the State

under section 114 of the Act. See above.

' 60.26(d) A State governmental agency

other than the State air pollution control agency may be assigned responsibility for carrying out a portion of a plan if the plan

demonstrates to the Administ rator's satisfaction that the State governmental agency has the legal authority necessary to carry out that portion of the plan. Not applicable.16

' 60.26(e) The State may authorize a local

agency to carry out a plan or portion thereof,

within the loca l agency's jurisdiction if the plan

demonstrates to the Administrator's satisfaction that the local agency has the legal authority necessary to implement the plan or portion thereof, and that the authorization does not relieve the State of responsibility u nder the Act for carrying out the plan or portion thereof. Not applicable.

III. Requirements affected SS I owners/operators must meet

Q. What general requirements must an owner/operator meet under the approved plan?

A. An owner

/operator must meet the applicability, emission limits, operating, testing, monitoring, recordkeeping, reporting, compliance schedules, and other applicable requirements

contained in the plan.

Q. Is there a requirement for obtaining a Title V permit?

A . Yes, CAA Section 129 and Virginia’s plan for existing SSI units requires an affected facility17

to operate under a Title V permit

. Federal operating permit requirements for existing SSI units

are listed in 9VAC5

- 40

- 8350 and VADEQ’s title V regulations.

IV. C onclusion

EPA’s review of VADEQ’s plan for existing SSI units finds the submittal consistent with 40 CFR part 60, subpart B, 40 CFR part 60, subpart MMMM, and 40 CFR part 62. EPA is therefore proposing to approve the plan and amend 40 CFR part 62, s ubpart VV to reflect this approval. The EPA Administrator continues to retain authority for several tasks, as stipulated in 40 CFR §60.5050 and in Plan Provisions, S ection J

- Discretionary Authority, of the plan

submittal.