Clean Air Act 101 Air Toxics

Transcription

1 Clean Air Act 101 Air Toxics 2011 Environmental Justice Conference Detroit, Michigan Donnette Sturdivant U.S. EPA Region 4 August 23, /3/2011 U.S. Environmental Protection Agency 1

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4 Acid Rain Program What Do We Mean By Air Toxics? Criteria Pollutant Program Mobile Source Program Permitting Program The U.S. Clean Air Act MACT Hazardous Air Pollutants Program ( Air Toxics )

5 What are air toxics? Agenda What are sources of air toxics? How are toxics regulated? How are air toxics concentrations measured in ambient air? How are health impacts evaluated? 10/3/2011 U.S. Environmental Protection Agency 5

6 What is an Air Toxic? Pollutants which may reasonably be anticipated to result in an increase in mortality (death) or an increase in serious irreversible, or incapacitating reversible illness Also referred to as Hazardous Air Pollutant (HAPS) 6

7 Examples of Air Toxic Pollutants VOCs Acrolein Benzene Chloroform 1,3-butadiene Vinyl Chloride Carbonyls Formaldehyde Acetaldehyde PAHs Benzo(a)pyrene Naphthalene PM10 Metals Nickel compounds Arsenic compounds Cadmium compounds Manganese compounds Beryllium compounds Lead compounds 10/3/2011 U.S. Environmental Protection Agency 7

8 What are Sources of Air Toxics? Millions of tons of toxics are released into the air each year. Man-made sources: Mobile sources: cars, trucks, buses Stationary sources: factories, refineries, power plants Natural sources: forest fires 10/3/2011 U.S. Environmental Protection Agency 8

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10 Sources of Air Toxics EPA focuses on regulating two types of stationary sources due to routine emissions, which equate to almost one-half of man-made toxics emissions: Major Sources: emit more than 10 tons per year of a listed air toxics pollutant or 25 tons per year of a mixture of air toxics Ex: chemical plants, steel mills, oil refineries Area Sources: emit less than 10 tons per year of a listed air toxics pollutant or 25 tons per year of a mixture of air toxics Ex: neighborhood dry cleaners, gas stations 10/3/2011 U.S. Environmental Protection Agency 10

11 History of Air Toxics Programs Prior to 1990, the CAA required EPA to set standards for each toxic air pollutant individually, based on its particular health risks. This approach proved difficult and minimally effective at reducing emissions. EPA required to identify all pollutants that caused "serious and irreversible illness or death." Standards were developed to reduce emissions of these pollutants to levels that provided an "ample margin of safety" for the public. 11

12 History of Air Toxics Programs Between 1970 and 1990, EPA regulated only seven pollutants due to challenges with the risk assessment process: Asbestos Benzene Beryllium Inorganic arsenic Mercury Radionuclides Vinyl chloride 12

13 History of Air Toxics Programs In the 1980s, many states developed air toxics requirements due to lack of progress in EPA regulations. CAA Amendments of 1990 (Section 112) included: Major source categories with schedule for regulation Regulations for area source categories posing undue risk List of 188 air toxics (now 187) 10/3/2011 U.S. Environmental Protection Agency 13

14 How are Air Toxics Regulated? Comparison - Criteria & Air Toxics Pollutants Criteria Pollutants Six primary pollutants (PM, Ozone, CO, Sulfur oxides, Nitrogen oxides, Lead) regulated under NAAQS (National Ambient Air Quality Standards) Areas designated attainment or nonattainment based on ambient air quality data concentrations States develop State Implementation Plans (SIPs) to attain and maintain the standard EPA approves the SIP which becomes federally enforceable 14

15 How are Air Toxics Regulated? Air Toxics Federal rules developed to control emissions from sources Based on potential risk to the public Delegated to State and Local Agencies to enforce Agencies may decline delegation; EPA would have to enforce applicable regulations 10/3/2011 U.S. Environmental Protection Agency 15

16 Program Purpose Requirements Criteria Pollutants Maintain safe ambient Levels of 6 pollutants (NAAQS) Regulate existing sources by State plan for areas not attaining ambient levels (SIP) Regulate all new sources that will emit criteria pollutants or ozone precursors (NSPS) Regulate new major sources to prevent significant deteriation of ambient levels (NSR) Statutory and Regulatory cites Sections 108, 109 and CFR 51 & 52 Section 111(d) 40 CFR 60 Section CFR 51 & 52 Hazardous Air Pollutants Regulate emissions of sources that emit the 187 hazardous pollutants (NESHAP) Regulate all major sources based on technology (MACT) Regulate major sources further if risk warrants Section 112(d) 40 CFR Part 63 Section 112(f) 40 CFR Part 63 Regulate area sources that present urban problems Section 112(k) 40 CFR Part 63

17 Statutory Requirements of the Air Toxics Program Statutory Air Toxics (HAPs) 188 pollutants listed: volatiles, semi-volatiles, particulates Add or delist provisions 187 currently listed Identify and regulate major source categories 174 categories identified for regulations Regulations are 99% complete Source specific, technology-based standards: MACT Maximum Achievable Control Technology 10/3/2011 U.S. Environmental Protection Agency 17

18 Statutory Requirements of the Air Toxics Program Health-Based standards: Residual Risk Program Evaluate risk 8 years after MACT Program is in the initial stages Identify and regulate area source HAPs & categories 33 HAPs of concern identified and 70 source categories Regulations are 99% complete 10/3/2011 U.S. Environmental Protection Agency 18

19 Statutory Requirements of the Air Toxics Program Major source rules require MACT Existing source MACT limits: Sources constructed before rule proposal date Average of the top 12 percent performing technology New source MACT limits: Sources constructed after rule proposal Best performing control technology 10/3/2011 U.S. Environmental Protection Agency 19

20 Statutory Requirements of the Air Toxics Program Area source rules require MACT or GACT GACT: Generally Available Control Technology Existing source MACT/GACT limits New source MACT/GACT limits 10/3/2011 U.S. Environmental Protection Agency 20

21 Statutory Requirements of the Air Toxics Program Reducing emissions may not reduce risk Residual Risk component Assess remaining risk after MACT in 8 years Assess MACT technology every 8 years RTR (risk and technology review) 11 Completed/6 Proposed/17 court ordered for promulgation by end of /3/2011 U.S. Environmental Protection Agency 21

22 Urban Air Toxics Strategy Strategy includes development of MACT for Area Sources Reduces cancer and non-cancer risks associated with air toxics from commercial and industrial sources. Addresses disproportionate impacts on sensitive populations including children, the elderly, and minority and low-income communities. 22

23 Urban Air Toxics Strategy Requires EPA to identify a list of at least 30 air toxics that pose the greatest potential health threat in urban areas 33 urban air toxics identified; 30 listed Standards are developed under CAA section 112(d) 23

24 Urban Air Toxics Strategy 70 area source categories representing 90 percent of the emissions of the 30 urban air toxics identified Of these 70 area source categories, 28 had been regulated by June 2007 Court ordered schedule established to issue the area source rules listed under the Urban Air Toxics Strategy Remaining categories grouped with deadlines completed by June 15,

25 Community-Based Programs Integral part of the Urban Air Toxics Strategy Assess Local Risk Work with community and stakeholders to reduce risk by voluntary and other measures Provide compliance assistance, outreach and education 25

26 National Air Toxics Assessment (NATA) Model-based prioritization tool to identify key factors that should be evaluated further to gain a better understanding of health risks posed by air toxics: geographic areas pollutants emission sources Based on air toxics emissions data for the 2005 calendar year 4 th version (NATA 2005) released March 11,

27 National Air Toxics Assessment (NATA) Developed by EPA due to a limited monitoring network to assess the 187 HAPs NATA uses include: Better understanding of potential health risks Assist communities in designing their own local-scale assessments Establish priorities for improving emissions inventories Direct research on air toxics Direct priorities for expanding air toxics networks 10/3/2011 U.S. Environmental Protection Agency 27

28 Other Laws and Regulations Mobile Source Air Toxics Rule (MSAT) Emergency Planning and Community Right-to- Know (EPCRA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) Accidental release reporting Toxic release inventory (air, water, land) Emergency response plans 28

29 Other Laws and Regulations Resource, Conservation and Recovery Act (RCRA) Incinerators, boilers and industrial furnaces burning hazardous waste Controls and leak detection for large quantity generators and treatment, storage and disposal facilities Toxics substances control act (TSCA) Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 29

30 Evaluating Air Toxics Concentrations: Air Toxics Monitoring Air sample collection to determine identity and concentration of air toxics (hazardous air pollutants, or HAPs) that may be in the sample Source-oriented Near a facility or potential source Community-level Within a community 10/3/2011 U.S. Environmental Protection Agency 30

31 Why Monitor for Air Toxics? Identify and evaluate current exposures to ambient level concentrations Track trends across specific areas Evaluate air quality models that are used for exposure assessment Identify gaps in emissions inventories Determine compliance with air toxics legal requirements (i.e. permit limits for industry) 10/3/2011 U.S. Environmental Protection Agency 31

32 Air Toxics Monitoring Programs National Air Toxics Trend Station Network (NATTS) Community-scale Air Toxics Monitoring Agency-specific Air Toxics Monitoring 10/3/2011 U.S. Environmental Protection Agency 32

33 How are Health Impacts to Air Toxics Determined? Monitoring data may be compared to health comparison numbers Cancer-based and Noncancer-based comparison numbers are considered based on the pollutants of concern More extensive risk assessments may also be conducted The results of these comparisons may be used to support regulatory actions and to identify additional measures for reducing air toxics exposure to communities 10/3/2011 U.S. Environmental Protection Agency 33

34 Thank You! 10/3/2011 U.S. Environmental Protection Agency 34