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Air Toxics Update

Air Toxics Update. Lee Page U.S. EPA Region 4 Atlanta, Georgia. 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.

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Air Toxics Update

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  1. Air Toxics Update Lee Page U.S. EPA Region 4 Atlanta, Georgia

  2. 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

  3. The 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

  4. THE AIR TOXICS PROGRAM (Stationary, Mobile, and Indoor Air Sources) Regulatory Approaches Risk Assessment Methods for Facility Specific & Community-Scale Risk Decision Criteria for Facilities and Communities Voluntary Reduction Options Education and Outreach S/L/T Program Structure Design Achieve Meaningful Reductions At The Local Level

  5. The Air Toxics Assessment & Implementation Section (ATAIS)

  6. NESHAPs Program (Technology & Risk-based) Air Toxics Emissions Inventories And TRI Deposition (e.g.,TMDLs), PBT Chemicals, International Transport Risk Management Air Toxics Risk Assessment Coordinate and Consult on Air Toxics Monitoring/Modeling Community-Level Air Toxics Evaluations; Program Development, Training, & Implementation

  7. 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

  8. Area sources tend to be smaller facilities • Gasoline stations • Dry cleaners • Car painting shops • Small electroplaters Area Sources Stationary sources that emit<10tons per year of a single air toxic, or<25tons per year of a combination of air toxics • EPA has listed 70 area source categories to be regulated

  9. 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

  10. Final 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

  11. Final 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)

  12. 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)

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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 ??

  18. 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

  19. Court 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

  20. 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

  21. Court 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

  22. Thank you for your attention! Contact: Lee Page USEPA Region 4 61 Forsyth Street, SW Atlanta, Georgia 30303 (404) 562-9131 page.lee@epa.gov

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