Update on the Air Toxics Program. Sally L. Shaver, Director Emission Standards Division May 6, 2003

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1 Update on the Air Toxics Program Sally L. Shaver, Director Emission Standards Division May 6,

2 The Clean Air Act Directs EPA to -- Reduce emissions from 4 groups of sources Major stationary industrial complexes like chemical plants Area and other stationary dry cleaners, gas stations, electroplaters On-road mobile highway vehicles Non-road mobile aircraft, farm & construction machinery, marine 2

3 The Clean Air Act Directs EPA to -- For major stationary sources: Technology-based first then risk-based Create a strategy to substantially reduce health risks in urban areas Characterize sources and their contribution Identify highest risk of hazardous air pollutants (HAP) Identify and list highest-risk area source categories Encourage and support areawide strategies developed by State or local agencies 3

4 What Have We Learned? MACT program significantly reduces risk Not all major sources need further reduction Some groups of people are more at risk than others Must look at impacts from multiple sources State/Local/Tribal agencies want something done NOW 4

5 Therefore Federal rules as we have known them cannot solve all remaining or future problems The one-size-fits-all regulation does not work for the future Need to focus on local hot spots and cumulative impacts Need to create a unique risk reduction program adaptable for varied area needs 5

6 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

7 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 Regulatory Approaches Development of regulatory approaches MACT Standards Residual Risk Standards Area Source Standards Mobile Source Standards

8 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) BIN SOURCE CATEGORIES TO BE PROMULGATED PROMULGATED TO DATE 2 YEAR BIN 6 SOURCE CAT STANDARDS 6 SOURCE CAT. 4 YEAR BIN 40 SOURCE CAT STANDARDS 40 SOURCE CAT. 7 YEAR BIN 40 SOURCE CAT STANDARDS 35 SOURCE CAT. 5 DELISTED 10 YEAR BIN 56 STDS. 16 STANDARDS 34 STANDARDS 88 SOURCE CAT. 40 SOURCE CAT. 42 SOURCE CAT. 6 DELISTED 8

9 MACT STANDARDS Promulgated in February 2003 Coke Ovens: Pushing, Quenching & Battery Stacks Brick, Structural Clay Products, & Clay Ceramics Manufacturing Integrated Iron & Steel Reinforced Plastic Composites Production Flexible Polyurethane Foam Fabrication Operations Hydrochloric Acid Production Industry/Fumed Silica Production Asphalt Roofing & Processing Metal Furniture (Surface Coating) Engine Test Cells/Stands Semiconductor Production Refractory Products Manufacturing Wood Building Products (Surface Coating) Fabric Printing, Coating & Dyeing 9

10 REMAINING MACT STANDARDS - Signature by August 2003 Lime Manufacturing Miscellaneous Organic Chemical Manufacturing (MON) Miscellaneous Coating Manufacturing Organic Liquids Distribution Iron & Steel Foundries Combustion Turbines* Plastic Parts (Surface Coating) Miscellaneous Metal Parts & Products (Surface Coating) Site Remediation Taconite Primary Magnesium Metal Can Chlorine Production *Includes risk provisions 10

11 REMAINING MACT STANDARDS - Signature by February 2004 Industrial, Commercial & Institutional Boilers & Process Heaters* Reciprocating Internal Combustion Engines (RICE)* Plywood & Composite Wood Products* Automobile & Light Duty Truck Mfg. (Surface Coating)* *Includes risk provisions 11

12 RESIDUAL RISK PROGRAM - 2 & 4 Year MACT BINS 2-Year BIN Dry Cleaning Promulgation May 2006 HON Promulgation May Year BIN 18 Projects under way at various stages Coke Ovens Promulgation August 2004 Intent to sue on additional 6 for failure to meet section 112(f) and/or 112(d)(6) 12

13 RESIDUAL RISK PROGRAM 4 Year BIN 18 projects underway Magnetic Tape Halogenated Solvents Wood Furniture Shipbuilding Printing/Publishing Coke Ovens Secondary Lead Industrial Process Cooling Towers Chrome Electroplating Polymers & Resins I Polymers & Resins II Polymers & Resins IV EO Sterilizers Aerospace Marine Vessel Loading Petroleum Refineries Gasoline Distribution Off-Site Waste 13

14 RESIDUAL RISK PROGRAM 6 Rules With Intent to Sue (DUE 2002) Hazardous Organic NESHAP (HON) Commercial Sterilizers Degreasing Organic Cleaners (halogenated solvent cleaning) Gasoline Distribution (Stage I) Industrial Process Cooling Towers Magnetic Tape 14

15 RESIDUAL RISK PROGRAM 7 & 10 Year MACT BINS 7-Year BIN 2 projects beginning Ferroalloys Polyurethane Foam Production 10-Year BIN None started to date 15

16 AREA SOURCE PROGRAM 70 categories listed 14 standards completed As part of a consent decree, we committed to propose/promulgate 6 more by December 2007; 50 area source standards are the subject of mediation Standard Proposal Promulgate Mercury Cell Chlor-Alkali Plants Other Solid Waste Incineration Oil and Natural Gas Production Hospital Sterilizers Gasoline Distribution Stage 1 Stationary Internal Combustion Engines Done 11/ / / / / / / / / / /

17 MOBILE SOURCE PROGRAM Existing programs will reduce gaseous air toxics from motor vehicles 65% to 75% between 1990 and 2020 In 2001, published mobile source rule under section 202(l) which established a toxics performance standard for gasoline Proposed new standards for non-road diesel engines and fuels Administrator signed April 15, 2003 Currently, conducting research in the technical analysis plan and reevaluating the need for additional controls under section 202(l) 17

18 Regulatory Approaches Risk Decision Criteria for Facilities and Communities Voluntary Reduction Options Education and Outreach S/L/T Program Structure Design Risk Assessment Methods for Facility Specific & Community-Scale Development of methods and guidance for conducting facility and communityscale assessments

19 3-Volume Air Toxics Risk Assessment Library Volume 1: Overview of air toxics risk assessment Draft due mid-april 2003, final late Summer 2003 Volume 2: Site-specific risk assessment guidance Draft health chapters now under internal (OAQPS) review Ecological draft due mid-april 2003 Peer review June 2003 Final July/August 2003 Volume 3: Community-scale risk assessment guidance Draft Summer 2003, final Winter

20 Air Toxics Risk Assessment Training Developing a 4-day train the trainers course on fundamentals of air toxics risk assessment Limited number (~30) of Regional and State trainers First session tentatively scheduled for late June in Chicago Trainers will then provide training to their constituents 20

21 Regulatory Approaches Risk Assessment Methods for Facility Specific & Community-Scale Voluntary Reduction Options Education and Outreach S/L/T Program Structure Design Risk Decision Criteria for Facilities and Communities General risk decision approach for facilities and communities

22 Risk Decision Criteria Cancer risk Aggregate risk from all carcinogens < 1 in a million: No further action >100 in a million: Reduce the risk >1 but <100 in a million: Look for feasible cost-effective risk reductions Noncancer effects Hazard index (HI) = aggregate of all noncarcinogens by target organ HI<X 1 : No further action HI>Y 2 : Reduce the risk HI>X but <Y: Look for feasible cost-effective risk reductions 1: De minimis HI currently under discussion, likely default in range. 2: Upper end of HI range to be source-specific, typically between 1 and

23 Residual Risk Standards Development Process Residual Risk Test Data Gathering & Analysis Low Risk Decision on Level of Standard Rulemaking 23

24 Total Facility Low Risk Determination Facilities can show low risk and avoid future RR standards Evaluation based on facilitywide HAP emissions Determine cancer & noncancer risk to most exposed individual, and significant ecological impacts 24

25 Total Facility Low Risk Determination (con t) Analysis based on Site-Specific Risk Assessment Technical Guidance Document (Volume 2) Will implement through rulemaking 25

26 Shipbuilding and Ship Repair (26.3%) Residual Risk Test: Facilities Subject to MACT With Maximum Individual Cancer Risk in Specific Ranges 26 Secondary Lead (100.0%) 100 in a million 10 and < 100 in a million 1 and < 10 in a million <1 in a million Chromium Electroplating (0.3%) Coke Ovens1 (100.0%) EO Commercial Sterilizers (62.0%) Gas Distribution (68.9%) Halogenated Solvents (0.6%) HON (42.9%) Magnetic Tape (16.7%) Marine Vessel Loading (19.7%) PCE Dry Cleaning (4.0%) Petroleum Refineries I (100.0%) Polymers and Resins I (85.7%) Polymers and Resins II (100.0%) Polymers and Resins IV (8.9%) Aerospace (0.1%) Number of Facilities (Percentage of Facilities Assessed in Parentheses)

27 Residual Risk Test: Facilities Subject to MACT With Maximum Individual Noncancer Hazard Index (HI) in Specific Ranges HI 10 HI 1.0 and < 10 HI 0.2 and < 1.0 HI < Coke Ovens1 (100.0%) EO Commercial Sterilizers (62.0%) Gas Distribution (68.9%) Halogenated Solvents (0.6%) HON (42.9%) Magnetic Tape (16.7%) Marine Vessel Loading (19.7%) PCE Dry Cleaning (4.0%) Petroleum Refineries I (100.0%) Polymers and Resins I (85.7%) Polymers and Resins II (100.0%) Polymers and Resins IV (8.9%) Secondary Lead (100.0%) Shipbuilding and Ship Repair (26.3%) Aerospace (0.1%) Chromium Electroplating (0.3%) Number of Facilities (Percentage of Facilities Assessed in Parentheses)

28 Regulatory Approaches Risk Assessment Methods for Facility Specific & Community-Scale Risk Decision Criteria for Facilities and Communities Education and Outreach S/L/T Program Structure Design Voluntary Reduction Options Flexible, less expensive, innovative, early reductions, pollution prevention, and voluntary strategies

29 Community-Based Air Toxics Projects Seattle Portland Boise W Oakland Fresno Henderson Los Angeles Phoenix Barrio Logan (Ongoing only) Merrimack Valley Milwaukee Detroit WTC New Have Cleveland Chicago Philadelphia Indianapolis Dayton Camden Denver St. Louis Delaware Baltimore Louisville Charlotte Ponca City Chattanooga Port Neches Mobile Mobile Source Assessments Recent/ongoing Assessments 29

30 Community-Based Risk Assessment/Reduction Program Integrated effort to support community level assessments and reduction strategies Over $1.7 million given out in last 2 years Variety of projects ongoing nationally Program Goals Address section 112(k) mandate Better characterization of air toxics risk at local level Support risk reductions that make sense locally 30

31 Community-Based Risk Assessment/Reduction Projects 5 cities working together to look at high priority risks affecting all of the cities Three tribes initiated a study to evaluate the risk of air toxics on the reservations in large metropolitan area Looking at the effects from emissions of a large stationary source on a public school Enviro. justice community looking at effects of multiple sources particularly large trucks traveling through neighborhood 31

32 Benefits of Community-Based Risk Assessment/Reduction Program Achieves local toxics reductions not otherwise possible or practical through national regulations Obtains co-benefits of reduction in criteria and/or greenhouse gas emissions Provides public involvement Provides info to help assess the air toxics problem and set priorities for reduction 32

33 Cleveland Pilot Project An integrated (indoor, outdoor, and mobile air) pilot study using voluntary approaches built on a regulatory foundation Three Project Goals: Reduce air toxics Sustain over time Replicate in other communities 33

34 Charlotte, NC/Rock Hill, SC Integrated Environmental Initiative Partnership with EPA to help address environmental problems on a regional basis Integrated air quality initiative which looks at criteria pollutants and air toxics Will develop an integrated, long-range plan for the future use of the region Products include implementation measures and tools that other communities could use to address similar issues 34

35 Regulatory Approaches Risk Assessment Methods for Facility Specific & Community-Scale Risk Decision Criteria for Facilities and Communities Voluntary Reduction Options S/L/T Program Structure Design Education and Outreach Provide support and expertise to improve public understanding of the air toxics program and effectively communicate this information

36 Education and Outreach Development of MACT Implementation Tools & Training Developed tools for ~25 of the first 50 MACT rules Developing tools for ~10 of next 30 MACT rules Conducted specific trainings for over 20 MACT rules For more information contact: Larry Brockman Control Technology - CD ROM For more information contact: Holly Wilson (wilson.holly@epa.gov) Introduction to Air Toxics - Computer-based course - APTI Air Toxics Now - quarterly broadcast APDLN Understanding Air Toxics Video/Overview Air Toxics Web Site Rule and Implementation Pages ( 36

37 Development of Tools, Guidance, & Training Methods and guidance for conducting assessments and making risk decisions Training on risk assessment, management, and communication The Air Toxics Community Assessment & Risk Reduction Projects Database Workshops to share tools and experiences 37

38 Development of 1999 NATA Completed Draft 1999 National Emission Inventory (NEI) - October 2002 Completed Draft ASPEN Modeling (Ambient) January 2003 State Review of Ambient Air Results - Feb 2003 Update 1999 NEI per State comments - July 2003 Update ASPEN Modeling - Summer 2003 Conduct Exposure and Risk Assessment Fall 2003 Preview & Release of 1999 NATA Winter

39 The National Air Toxics Monitoring - The Initial Network National Air Toxics Trend Sites (NATTS) 22 National Air Toxics Trend Sites 16 urban 6 rural Monitor for 4+ NATA risk drivers Benzene, acrolein, formaldehyde, chromium Arsenic and 1-3 butadiene added in FY2003 funding 1/6 day schedule 6 year program Urban/Community-Scale Monitoring Multiple monitors in a small area Shorter time periods Utilize mobile platforms and other monitoring techniques 39

40 Air Toxics Monitoring Locations Pilot Sites 38 sites in 10 cities Barcelenta/San Juan, PR Providence, RI Keeney Knob, WV *no data Tampa, FL Detroit, MI Rio Rancho, NM Cedar Rapids, IA San Jacinto, CA Grand Junction, CO Seattle, WA Jan/03 Startup (13) Providence RI Roxbury MA NY, NY Washington DC Decatur (Atlanta), GA Hazard, KY (Rural) Detroit, MI Deer Park (Houston), TX St. Louis MO Bountiful UT Grand Junction, CO (Rural) San Jose CA Seattle WA NATTS Sites 22 areas : Jan/04 Startup (9) Chittenden County, VT (Rural) Rochester, NY Tampa, FL Chesterfield, SC (Rural) Chicago, IL Mayville WI Harrison County TX (Rural) Phoenix AZ La Grande, OR (Rural) Urban Rural

41 The National Air Toxics Monitoring Network - Data Analysis Workshop Chicago Workshop - On May data analysis workshop to discuss all data results Results key to helping form vision for toxics monitoring program in the years ahead 41

42 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 Development of a flexible framework encompassing Federal and S/L/T authorities to collectively address air toxics risk

43 S/L/T Program Structure Development of a program which will encourage S/L/T to substitute their program for the Federal area source and/or residual risk program Incentive would be a program designed around local needs as opposed to implementing Federal standards which may not address local priorities 43

44 Criteria to Determine if S/L/T Program is Acceptable Program must achieve similar results Risk management decisions are within Federal criteria Tools for measuring results should be comparable to EPA s program 44

45 S/L/T Program Structure Status Evaluating how to best design a program that is flexible and meets various needs Developing State Air Toxics Profiles Initiating a pilot with California Researching how to best utilize section 112(l) as an implementation vehicle 45

46 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 46