Air Toxics UpdateAir Toxics Update
Lee PageLee PageU.S. EPA Region 4U.S. EPA Region 4Atlanta, GeorgiaAtlanta, Georgia
Topics Topics
* Air Toxics Program in General
* Regional Personnel
• Area Source Rules
• Area-Wide Program
• Residual Risk Rules
• MACT Technology Reviews
• Once-In-Always-In
• Vacated MACTs
The Air Toxics ProblemThe Air Toxics Problem The Air Toxics ProblemThe Air Toxics Problem
• Approximately half of the air toxics problem comes from stationary sources and natural events
• The other half comes from on- and off-road mobile sources
National Air Toxics Emissions, 1999 5.1M Tons
NonRoad,15% Major,
25%
Area/Other,32%
OnRoad,28%
THE AIR TOXICS PROGRAM(Stationary, Mobile, and Indoor Air Sources)
Risk Assessment Methods for
Facility Specific &Community-Scale
Risk Decision Criteria for
Facilities and Communities
Education and
Outreach
VoluntaryReduction
Options
S/L/T Program
Structure Design
RegulatoryApproaches
Achieve Meaningful ReductionsAt The Local Level
The Air Toxics Assessment & Implementation Section
(ATAIS)
The Air Toxics Assessment & Implementation Section
(ATAIS)
NESHAPsProgram
(Technology& Risk-based)
Coordinate and Consult on Air Toxics Monitoring/Modeling
Air ToxicsEmissions
InventoriesAnd TRI
Community-LevelAir Toxics Evaluations;Program Development,
Training, & Implementation
Deposition (e.g.,TMDLs), PBT Chemicals,
International Transport
Risk Assessment
Air Toxics
Risk Manageme
nt
ATAIS – Who are we?• Ken Mitchell, Ph.D. (Chief) –
Toxicology, HH risk assessment, ecosystem effects
• John Ackermann, Ph.D. - PBTs, TMDLs, deposition, ecosystem effects
• Solomon Pollard, Ph.D. – Toxicology, HH risk assessment
• Egide Louis, Ph.D. – Community Programs
• Joydeb Majumder, P.E. - Combustion MACTs
• Capt. Paul Wagner – Community Programs, public health program development
• Ray Gregory – MACTs, emergency planning
• Latoya Miller – PBTs, deposition, ecosystem effects
• Ezequiel Velez - TRI
• Douglas Chatham – TRI SEE
• Lee Page – MACTs, RATC
Area SourcesArea SourcesStationary sources that emit <10 tons per year of a single air toxic, or <25 tons per year of a combination of air toxics
• Area sources tend to be smaller facilities
• Gasoline stations
• Dry cleaners
• Car painting shops
• Small electroplaters
• EPA has listed 70 area source categories to be regulated
Update on Area Source Rules Update on Area Source Rules Update on Area Source Rules Update on Area Source Rules
• 70 Source categories to be regulated• 21 Rules completed to date • 49 Rules remain
• All individual rules– June 07 (7 rules)– Dec. 07 (13 rules)– June 08 (10 rules)– Dec. 08 (11 rules)– June 09 (8 rules)
• Permitting requirements addressed in each rule
• Rules codified in Part 63
Final Rules Scheduled for June, 2007Final Rules Scheduled for June, 2007
• Polyurethane Foam Fabrication
• Polyurethane Foam Production
• Acrylic/Modacrylic Fibers Production
• Lead Acid Battery Mfg.
• Wood Preserving
• Carbon Black Production
• Chemical Mfg. – Chromium Compounds
Final Rules Scheduled for DecemberFinal Rules Scheduled for December• Gasoline Distribution Stage 1• Paint Stripping Operations• Industrial Boilers• Institutional/Commercial Heaters• Stationary Internal Combustion Engines• Auto-Body Refinishing Paint Shops• Hospital Sterilizers• Iron Foundries• Pressed and Blown Glassware• Stainless and Non-stainless Steel Mfg.• Steel Foundries• Clay Ceramics Mfg.• Plastic Parts & Production (coating)
Part 63 Rules Part 63 Rules
• Subpart O EtO Sterilization ( M & A )
• Subpart OO Level 1 tanks ( M )
• Subpart OOO Polymer & Resins ( M )
• Subpart OOOO Print/Coat Fabrics ( M )
• Subpart OOOOO Skipped ?
• Subpart OOOOOO Flex Poly Foam Fab. (A)
• Subpart MMMMM Flex Poly Foam Fab. (M)
• Subpart OOOOOO Flex Poly Foam Prod (A)
• Subpart I I I Flex Poly Foam Prod (M)
Area-Wide Program Concept
• Developmental stage
• Optional risk based program to allow cumulative assessment on area of concern
• Based on EPA Workplan (Sept. 01)
• State program would determine:– Area of assessment (near source,
neighborhood, county)
– Program Goals (risk, HAP reduction, etc)Based on EPA Workplan (Sept. 01)
• Minimum program elements
Area-Wide Program Schedule Area-Wide Program Schedule
• ANPRM in August
• Rule proposal by end of 07
• Rule promulgation by end of 08
• Will it ever become a reality ?
–Issues, issues, issues
Residual Risk Rules Update Residual Risk Rules Update
• Required for all major sources – 8 years
• 8 rules completed– 5 of the 8 show low risk (no further controls)
• New streamlined approach– Multiple reviews in single regulatory action
– 2002 NEI emissions/stack data used
– 51 source categories assessed to date
• Group 1: Low risk assessments– 8 categories (4 MACTs)
– NPRM in Summer of 07, then rule proposal
• Group 2: Further assessment needed– 22 categories (12 MACTs)
– NPRM March 29, 2007, then proposal in Fall
MACT Technology Reviews MACT Technology Reviews
• Required by CAA for each MACT
• Due 8 years after MACT
• Action combined with Residual Risk Reviews
• “Risk and Technology Reviews” or RTR
Once-In-Always-In Update Once-In-Always-In Update
• Policy dated May 16, 1995– Major sources at first compliance date are
required to comply permanently with MACT
• Industry and States support change– Prohibits pollution prevention
• Rule proposed in January 2007– Removes Once-In-Always-In policy
• 2nd public comment period ended May 4– Approximately 100 letters received
• Congressional interest
• Main issue: possibility of increase in actual emissions up to regulatory threshold
• Rule promulgation by end of 2007 ??
Court Action to Vacate MACTs Court Action to Vacate MACTs
• Brick MACT, Clay Ceramics MACT
• Boiler MACT, Plywood MACT
• 3 step process:
–oral arguments
–court decision
–court mandate
• PVC MACT vacated in April 2005
Court Action: Brick & Clay Ceramics MACTCourt Action: Brick & Clay Ceramics MACT
• Sierra Club vs EPA argued January 18, 07
• Issue: determination of MACT floor stringency
• Court decision on March 13, 2007– Vacate MACTs in their entirety
• Court mandate expected in June– anticipate rules to be vacated in their entirety
• Rule remains in place until mandate
• Case-by-case MACT (112 g and 112 J ) would apply if rules are vacated
• Will affect 100’s of kilns
Court Action: Boiler MACT Court Action: Boiler MACT
• EPA petitioned court for partial vacatur– Leave health based compliance option in place
• Issue: Determination of MACT floor stringency
• Case argued on February 23• Court decision issued June 8
- Vacate rule in its entirety
• Court mandate at least 45 days out• Rule remains in place until mandate• Could affect 1,000’s of sources
Court Action: Plywood MACTCourt Action: Plywood MACT
• EPA petitioned court for partial vacatur– Leave health based compliance option in place
• Issue: Determination of MACT floor stringency
• Case argued in February
• Court decision expected soon
• Court mandate to follow decision
• Rule remains in place until mandate
• Could affect 100’s of sources
Thank you for your attention!Thank you for your attention!
Contact:Lee PageUSEPA Region 461 Forsyth
Street, SWAtlanta, Georgia
30303
(404) [email protected]
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