112(G) FUMIGATION IN VIRGINIA. Stanley Faggert Virginia Department of Environmental Quality (DEQ) Minor NSR Coordinator December 9-11, 2014

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1 1 112(G) FUMIGATION IN VIRGINIA Stanley Faggert Virginia Department of Environmental Quality (DEQ) Minor NSR Coordinator December 9-11, 2014

2 Fumigation Pollutant 2 Methyl Bromide (CAS No ) is an odorless, colorless gas Regulated as an ozone depleting substance: Listed in 1992 as a controlled ozone-depleting substance under Copenhagen Amendment to Montreal Protocol Required 100% phase-out by 2005 Exemptions allowed for Quarantine and Pre-shipment applications (QPS) and for certain critical uses (CU) EPA Office of Air and Radiation manages the QPS and CU exemption programs relative to the Montreal Protocol under the Clean Air Act

3 Fumigation Pollutant 3 Methyl Bromide, regulated as a pesticide: Regulated under the Federal Insecticide, Fungicide and Rodenticide ACT (FIFRA) Through FIFRA, EPA oversees the sale and use of all pesticides in the US Registration, labeling and certification requirements managed by EPA Office of Pesticide Programs (OPP)

4 Fumigation Pollutant 4 Methyl Bromide, by the USDA: The Plant Protection and Quarantine (PPQ) division of the US Department of Agriculture (USDA) Animal Plant Health Inspection Service (APHIS) is responsible for ensuring that invasive species do not enter the US QPS fumigation requirements established in the PPQ Treatment Manual. The manual outlines: Types and quantities of fumigants used The required equipment and treatment protocols On a commodity basis; known as treatment schedules

5 Fumigation Pollutant 5 Methyl Bromide, by the USDA (continued): All QPS fumigation operations must be approved by USDA APHIS QPS applications must be conducted under the supervision of an APHIS inspector All fumigations must be documented by the fumigator and APHIS inspector.

6 Fumigation Pollutant 6 Methyl Bromide is also a listed HAP under Section 112 of the CAA Methyl Bromide also meets the definition of a VOC Nothing in the other sections of the CAA, FIFRA or the USDA regulation replaces or overrides the regulation of Methyl Bromide as a VOC or HAP

7 Fumigation Facilities 7 Two Facilities: (1) Facility #1 (2) Facility #2 Both conduct QPS fumigations using methyl bromide Primarily on logs for export Process not complicated, basically big warehouse Storage containers driven into warehouse and left mounted on their chassis Plastic tarpaulins are placed over containers in groups up to eight Gas introduction lines and circulation fans inserted under tarpaulins Methyl Bromide in specified concentration for specified periods of time Aeration: warehouse doors opened and exhaust fans used pull gas through ventilation stacks Both Fumigation and Aeration practices specified in PPQ treatment manual

8 Fumigation Timeline 8 Timeline 2006 Two Facilities begin operations (relocated from port property) Both facilities operate as major sources (actual emissions >10 tons/yr of Methyl Bromide) 2009 DEQ informed of facilities existence by citizen (APC equipment vendor) DEQ issues NOVs to both facilities 2010 Consent Orders signed; require submission of 112(g) application 2011 Virginia General Assembly passes law addressing fumigations by minor sources initial applications, revised applications, supplemental information submitted to DEQ

9 Fumigation Applications 9 Facility #1 Facility #2 1 Warehouse: 28 Containers Warehouse 1: 30 Containers Warehouse 2: 14 Containers 2,392 cubic feet per container 2,392 cubic feet per container 1 cycle week: Fumigation - 72 hours Aeration 48 hours 1 cycle week: Fumigation - 72 hours Aeration 48 hours 15 pounds per 1000 cubic feet 15 pounds per 1000 cubic feet 27.4 tons/yr Methyl Bromide Emissions (includes 5% makeup) 43.1 tons/yr Methyl Bromide Emissions (includes 5% makeup) Major Source of HAP subject to 112(g) Major Source of HAP subject to 112(g)

10 Fumigation Applications 10 Facility #1 Facility #2 Proposed that its current operational and work practices constitute the best emission controls achieved in practice at the best controlled large-scale QPS fumigation facility in the country Current operational and work practices include the adherence to USDA APHIS PPQ requirements, US EPA QPS and pesticide application requirements, and VA Department of Agriculture and Consumer Services requirements. Implement operational improvements (fence lines, stack heights, etc.) No better controlled similar source Proposed that its current operational and work practices constitute the best emission controls achieved in practice at the best controlled large-scale QPS fumigation facility in the country Current operational and work practices include the adherence to USDA APHIS PPQ requirements, US EPA QPS and pesticide application requirements, and VA Department of Agriculture and Consumer Services requirements. Implement operational improvements (fence lines, stack heights, etc.) No better controlled similar source

11 Fumigation 112(g) Determinations 11 The MACT emission limitation or MACT requirements recommended by the applicant and approved by the board shall not be less stringent than the emission control which is achieved in practice by the best controlled similar source, as determined by the board (permitting authority). Based upon available information, the MACT emission limitation and control technology (including any requirements under subdivision 3 of this subsection) recommended by the applicant and approved by the board shall achieve the maximum degree of reduction in emissions of hazardous air pollutants which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction. Best controlled similar source is defined as a stationary source that (i) has comparable emissions and is structurally similar in design and capacity to other stationary sources such that the stationary sources could be controlled using the same control technology, and (ii) uses a control technology that achieves the lowest emission rate among all other similar sources in the United States.

12 Fumigation 112(g) Determinations 12 Facility Type NAICS Code SIC Code Primary Fumigation Commodity Fumigation Method USDA APHIS Treatment Schedule Fumigation Period Aeration Period Guadalupe Cooling Company Facility #1 Product Pre-Cooling, Cold Storage, Fumigation, & Distribution Fumigation Postharvest Crop Activities (except cotton Exterminating and Pest Control Services ginning) 0723 Crop Preparation Services for Market (except cotton ginning) Broccoli Pallets of broccoli are fumigated with MB inside sealed chambers. T101-n-2 (Section Chamber Fumigation) 7342 Disinfecting and Pest Control Services Logs Groups of closed shipping containers storing logs are fumigated with MB under tarps within a warehouse. T312-a (hardwoods) (Section Tarpaulin Fumigation) 2 hours 72 hours 4 hours 48 hours Emission Type (per 112g) Stack Discharge Stack Discharge

13 Fumigation 112(g) Determinations 13 Max. Fumigation Capacity (ft 3 ) (per container) Max. No. of Containers Fumigated (per event) Max. No. o f Fumigations Per Day (1) Max. Fumigation Capacity (ft 3 ) (per event) (2) Max. USDA-Prescribed MB Dose (lb/1,000 ft 3 ) Max. MB Dose (lbs) Max. Hourly MB Emissions (3) (lbs/hr) Max. Daily MB Emissions (lbs/day) Max. Weekly MB Emissions (4) (lbs/week) Max. Short-Term MB Emissions (lbs/min) Max. Air Flow Rate (ft 3 /min) Max. MB Concentration in Stack (precontrol) (lb/ft 3 ) (per event) 1 chamber - 10,097 2 chambers - 19,189 2, , , , , ,579 1,357 1, ,850 30,

14 Fumigation Path Forward 14 DEQ is evaluating whether Guadalupe Cooling is a similar source to one or both facilities, because GC uses a two step process to control 90% of MeBr emissions; (1) carbon bed (2) scrubber Permitted, Constructed, Operating and Tested Facilities argue no based on differences in size, commodity and cost of control Similar source = permitting authority determination Even is not similar source = can still determine equivalent control as MACT (beyond floor)

15 Fumigation Path Forward 15 Cost considered in beyond the floor analysis, but not if GC is considered similar source Uncertainty/disagreement over carbon regeneration and replacement costs (proprietary technology), but currently estimates are about $25,000/ton. Sources claim this will triple the unit cost of their product. Also, a comparable source is Florida fumigating fruit using a comparable control system (same vendor) to GC. Permitted, Constructed, Operating but not yet tested EPA has indicated no intent to regulate source category with a NESHAP, however, if they reconsider then

16 16 Facility #1

17 17 Facility #2

18 18 Questions?

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