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) 562-9131page.lee@epa.g

ov