Document vy6Erg3jOmx94VYw7GgEq8xRY

External M eeting Request Form for Administrator E. Scott Pruitt U.S. Environmental Protection Agency To request the Administrator to attend and/or speak atyour event, phase complete and, submit the followingform. T oday's Date: 7 /3 1 /2 0 1 7 M eeting Date: W hen the A dm inistrator is in Charlotte, NC M eeting Time: Foundry facility is operating any Tuesday, W ednesday or Thursday Requested Location (if offsite, please list address, parking instructions, etc.): C harlotte Pipe & Foundry, 1335 S. Clarkson Charlotte, NC, 28208 Requestor: A.J. Ferate Purpose o f the Meeting: Mr. Roddey Dowd, CEO of Charlotte Pipe and Foundry, heads one of the largest pipe manufacturers in the world as well as the American Foundry Society (AF'S) consisting of 8,000 members and 2,000 metalcasting firms/suppliers. Mr. Dowd would like to provide the Adm inistrator with a tour of his foundry facility and share some of the challenges he faces due to regulations imposed by previous EPA leadership. (FYI, A dm inistrator P ruitt indicated to Mr. Ferate that this is a visit he would like to make.) Background on the Meeting: M r. Dowd would like, through the tour of his facility, show examples of the challenges he faces as a result of regulatory overreach. Eight (8) examples include: --EPA G reenhouse G as (G IIG ) Em issions from E lectric G enerating U tilities T he rule for existing plants m andates a 32% reduction in C 02 emissions by 2030. T here is no commercially viable way to acquire such technologies... and m etalcasting is an energy intensive industry. T hey're asking the EPA to develop a m ore cost effective, reliable, & feasible approach to reduce C02 emissions. --N ational Am bient Air Q uality Standards (NAAQS) for Fine Particulate M atter (PM 2.5) Air E m issions In December 2012, EPA finalized its update to the PM2.5 rule, which set standards so low that many areas in the country, including some rural areas with no industrial operations, have background-PM 2.5 levels that are at, or near the NAAQS for PM2.5. As a result, some foundries are unable to obtain air Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00143248-00001 permits to build new, state-of-the-art metalcasting operations or to expand or update their existing facilities because such activities may contribute even low levels of PM2.5 emissions to an area that would then exceed the NAAQS. PM2.5 air emissions are reduced at metalcasting facilities with the use of baghouses and other pollution control devices. I11 m ost cases, m ore than 99 percent of the fine particulates are captured and not emitted into the environment. M ajor flexibility is needed for metalcasters in im plementing the PM2.5 NAAQS, especially as it relates to completing any air dispersion modeling. PM 2.5 NAAQS should be reviewed and realistic levels set, taking into account regional differences. --O zone NAAQS R evision from O ctober 2015 This rule set a very stringent emission standard for ozone emissions from all stationary sources in the U.S. T his standard is ju st now starting to be implemented, and is expected to result in significant costs for communities. AFS is concerned that m etalcasters will not be able to expand w ithout a reduction of emission or shut down of operations from other businesses in the area. W ith the revised ozone NAAQS, plans for expansion may be delayed or shelved. On M arch 28, 2017 President Trum p issued an Executive Order directing EPA to review for possible reconsideration any rule th at could "potentially burden the developm ent or use of dom estically produced energy sources, w ith particular attention to oil, natural gas, coal, and nuclear energy sources." EPA is currently evaluating whether the 2015 ozone standard is potentially subject to the review process set forth in this Executive Order. On April 11, 2017 the D.C. Circuit indefinitely delayed the legal challenge while EPA reconsiders the 2015 ozone standard. EPA should consider rolling back to the pre-existing Ozone NAAQS standard to allow states and impacted sources to achieve attainm ent and provide time to prepare to meet a new, more realistic standard in the future. --W a te rs o f the U nited States This rule redefines the scope of the Clean W ater Act (CWA) to state which waters (such as cooling ponds, catch basins) need to meet CW A standards to protect aquatic life. It is currently stayed while going through litigation, so it is not being implemented. If implemented, it would force foundries to meet CWA standards for waters on their facilities that are currently unregulated because they are not connected to navigable waters. President Trump signed, Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic G row th by Reviewing the "W aters of the U nited States" Rule on February 28, 2017. T he order directed EPA and the Corps to review the rule and issue a notice and comment for a proposed rule rescinding or revising the rule. W ith this new rulemaking EPA should revise this rule to ensure that waters of the U.S. are defined appropriately to not broaden CW A jurisdiction and unnecessarily burden the m etalcasting industry. --S tartup , Shutdown and M alfunction (SSM) P rovisions The CAA provides for some affirmative defenses for facilities that may exceed air emission limits during tem porary periods of startup, shutdown and malfunction (SSM). The U.S. Court of Appeals for the D.C. Circuit vacated the rule that allows facilities to exceed applicable hazardous air pollutant emissions Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00143248-00002 standards during these periods. EPA is also in the process of rem oving these SSM provisions as part of its residual risk and technology reviews for the national emissions standards for hazardous air pollutants. In June 2015, EPA issued a final rule requiring states to revise their state implementation plans (SIPs) to control excess air emissions during periods of SSM and submit revised plans that address new SSM provisions to EPA for approval by Novem ber 22, 2016 (SIP Call Rule). T his rule has been challenged in federal court. EPA does not have the authority to ban affirmative defenses for SSM, nor is it practical for facilities to comply with emissions standards during periods of SSM. W ithout action from EPA, the rule will lead to unnecessary violations for emissions over which facilities have no control. EPA should withdraw the SIP Call Rule and reinstate affirmative defenses. --R esidual Risk and T echnology R eview for Iron and Steel Foundries Air emissions from iron and steel foundry major sources are subject to the national emissions standards for hazardous air pollutants (NESHAP). EPA must conduct a residual risk and technology review (RTR) for all NESHAPs eight years after promulgation. The RTR of the iron and steel foundry NESHAP is now due. Recently, EPA has issued more stringent and revised NESHAPs for several industry source categories, even though the RTR process determined that the risks associated with the controlled emissions from these sources were acceptable and that no new control technologies were identified. T his regulatory overreach is not consistent w ith the letter and intent of the Clean A ir A ct (CAA), but nonetheless has been upheld by federal appeals courts. AFS urges the EPA to implement the R TR process for iron and steel foundries that is consistent with the letter and intent of the CAA. --Storm water M anagem ent M etalcasters operate under a m ulti-sector general perm it (MSGP), as is the case for most industrial stormwater dischargers, and must implement best management practices (BMPs) to meet stormwater benchm ark concentration levels. If a benchm ark level is exceeded, facilities m ust review their BM Ps and determine if additional BMPs must be implemented, or if other corrective measures are needed. Many of the benchmark concentration levels for metals have been set so unrealistically low that it may not be possible for metalcasting operations to meet the benchmarks. In fact, many are so low that nearly all residential and commercial storm water discharges would exceed them. As a result, many metalcasting operations could face unnecessary enforcement issues, even though their storm water discharges are effectively controlled with BMPs. EPA should provide flexibility in enforcing benchm arks as perm it levels. If left unchecked this perm it process will be never-ending, extremely burdensome, and very expensive for our industry, and in some instances not even technically feasible. --P erm itting T he perm itting process for new or existing facilities in the m etalcasting industry is unnecessarily costly and time consuming. Often the multiple stringent requirements and processes make it impossible to build a project that will create jobs. T he current rules for New Source Review and Significant Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00143248-00003 Deterioration are outdated and are the single greatest impediment to industrial job grow th in the country. The process can be streamlined by addressing the regulatory morass listed above. Also, leaving perm itting of facilities to the states would eliminate EPA review and attendant delays. Cumbersome and unpredictable air emissions modeling should be revised to allow projects to proceed without environmental harm. Role of the A dm inistrator: Attend as part of a fact-finding mission to see the impact of EPA regulations on industry. Charlotte Pipe has no known violations or enforcement actions before EPA. Attendees: Roddey Dowd (Owner), Brad M uller (Charlotte Pipe & Foundry Gov't Relations), M ax Justice (Legal Consultant/Partner at Parker Poe), and Stuart Jolly (consultant) Points of Contact: Brad M uller j Ex. 6 Y Stuart Jollyf Ex. 6 !^ Derate \ Ex. 6 ! Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00143248-00004