United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park. NC 27711
EPA/453/R-93-024
August 1993
Air
Report to Congress on Implementation
f> EPA of Section 112 of the Clean Air Act
Amendments of 1990
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TABLE OF CONTENTS
Page
1.0 FOREWARD ii
2.0 EXECUTIVE SUMMARY ES-1
3.0 INTRODUCTION 1
4.0 PROJECT STATUS REPORTS 3
4.1 Emission Standards 4
4.2 Implementation Programs 11
4.3 Special Studies/Programs 28
4.4 Technical Assistance 46
5.0 EPA REGIONAL OFFICE ACTIVITIES 50
6.0 STATE ACTIVITIES 53
LIST OF ACRONYMS 55
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1.0 FOREWORD
This report is being submitted to Congress in fulfillment
of the requirements of section 112(s) of the Clean Air Act as
amended in 1990 (CAA). Section 112(s) requires the United States
Environmental Protection Agency (EPA) to submit a status report
every 3 years, beginning in 1993, on the measures taken by the
EPA and the States to implement the provisions of section 112 of
the CAA. Section 112 pertains to emissions of hazardous air
pollutants from routine as well as accidental releases. As
required by section 112(3), this report includes a summary of
standards-setting activities under sections 112(d) and (f),
information with respect to costs and compliance with such
standards, and discussions of the national urban air toxics
program and the accidental release program. In addition,
section 112(s) requires the report to include aggregate
information from a database on pollutants and sources subject to
the provisions of section 112, as well as recommendations of the
Chemical Safety and Hazard Investigation Board with respect to
the prevention and mitigation of accidental releases.
This report also describes the many other activities the EPA
has undertaken since enactment of the CAA to comply with
section 112. These include conducting numerous special studies
and developing implementation guidance for State and local air
pollution control agencies. Other activities that are helping
reduce air toxic emissions are also described, such as voluntary
programs and air toxics activities under Titles I and II of the
CAA.
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2.0 EXECUTIVE SUMMARY
I. INTRODUCTION
This report is being submitted to Congress in fulfillment
of the requirements of section 112(s) of the CAA. Section 112(s)
requires the EPA to submit a status report every 3 years,
beginning in 1993, on the measures taken by the EPA and the
States to implement the provisions of section 112 of the CAA.
Section 112 pertains to emissions of hazardous air pollutants
from routine as well as accidental releases. As required by
section 112(s), this report includes a summary of standards-
setting activities under section 112(d), information with respect
to the costs of compliance with such standards, and discussions
of the national urban air toxics program and the accidental
release program.
Section 112 of the CAA requires EPA to issue, by the year
2000, regulations governing major sources of 189 hazardous air
pollutants; perform, or participate in, 13 special studies of
national scope; evaluate and update the EPA's risk assessment
methodologies; provide guidance to State and local air pollution
control agencies on particular provisions of the Act; establish
and maintain publicly-available data bases and clearinghouses;
initiate voluntary emission reduction programs; and establish a
prevention program for accidental releases. The EPA has not met
all of the deadlines required by section 112 to date. However,
significant progress has been made in all of the areas mentioned
above.
In addition to section 112, other efforts the EPA has
underway under the authority of the CAA will reduce air toxics
emissions. Section 129 of Title III requires EPA to regulate
emissions from municipal solid waste incinerators. This
regulation will have a significant impact on air toxics emissions
from these sources. Title I of the CAA contains provisions
requiring the control of volatile organic compounds, and Title II
provisions relate to control of mobile source emissions. Actions
under both of these Titles will reduce air toxics. The EPA has
also initiated a voluntary emissions reduction program - the
33/50 program - which asks companies to voluntarily reduce
releases of 17 air toxics to air, land and water. All of these
efforts are also discussed in the Executive Summary because all
are means to a common end; protection of public health and the
environment from the effects of air toxics emissions.
This Executive Summary is divided into ten areas of air
toxics activities and provides an overview of each area as well
as highlights of some of the EPA's accomplishments in each. The
ten areas are:
- Emission Standards,
- Implementation Programs,
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- Special Studies/Programs,
- Technical Assistance,
- Regional Activities,
- State Activities,
- Risk Assessment Activities,
- Voluntary Programs,
- Outreach Activities, and
- Titles I and II Air Toxics Accomplishments.
Projects specific to section 112 are described individually in
Section 4.0 of this report, including discussions of compliance
costs where applicable. Other activities the EPA has undertaken
to reduce emissions of air toxics that are not required by
section 112 are also described in Section IV of this Executive
Summary, but are hot included in the detailed descriptions
provided in Section 4.0.
II. SECTION 112 REQUIREMENTS OVERVIEW
Section 112 of the CAA requires EPA, over a 10 year period,
to issue "maximum achievable control technology" (MACT) standards
which cover all major so rces of 189 specified hazardous air
pollutants (HAP's). The primary consideration in establishing
these standards must be demonstrated technology. Costs, non-air
quality health and environmental impacts and energy requirements
may also play a role in setting these standards. Standards are
effective immediately, except that industries may have up to
3 years to comply with a standard for an existing source,
according to a schedule established by EPA. If EPA determines,
after MACT standards are applied, that additional standards to
protect public health and the environment are required to provide
an ample margin of safety, EPA will promulgate additional
standards.
Other provisions of section 112 require controls on area
sources to address the urban air toxics problem, measures to
prevent accidental releases, and measures to protect the Great
Lakes and coastal waters from atmospheric deposition of air
toxics. A voluntary early emissions reduction program is also
required to be established. The new amendments also place
greater emphasis than in the past on health effects other than
cancer and on the prevention of ecosystem damage.
Section 112 also recognizes the considerable role that State
and local air pollution control agencies will play in the
successful implementation of the CAA. Several provisions require
the EPA to provide guidance addressing source modifications,
delegation of State programs, and case-by-case equivalency
determinations in the event the EPA fails to issue a standard
according to the established regulatory schedule. National data
bases and clearinghouses for technical and risk assessment
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information are also to be maintained to assist State and local
agencies and any other interested parties.
III. SECTION 112: THE FIRST TWO YEARS AND WHAT'S AHEAD
This section of the Executive Summary highlights the
progress the EPA has made in implementing section 112. While
this section highlights certain projects, Section 4.0 of this
report summarizes the status and achievements of all section 112
activities. The following areas are discussed here:
- Emission Standards/
- Implementation Programs,
- Special Studies/Programs,
- Technical Assistance,
- Regional Activities, and
- State Activities.
Emission Standards
Although significant actions have been taken since passage
of the 1990 CAA, the EPA has not met all of the section 112
deadlines for issuance of emissions standards. Reaching the
degree of consensus necessary to issue the rules and to lay the
groundwork for effective implementation has proven to be a
lengthy process.
To date, three emission standards have been proposed. These
standards regulate synthetic organic chemical manufacturing
(otherwise known as the Hazardous Organic NESHAP, or RON
standard), commercial and industrial dry cleaners (two distinct
source categories), and steel coke ovens.
In developing the regulations implementing section 112 and
consistent with CAA section 101(c), EPA is committed to promoting
pollution prevention approaches. As part of the Source Reduction
and Review Project (SRRP), the EPA has identified 17 industrial
categories which may be affected by the development of
environmental regulations, and has committed to identifying and
promoting pollution prevention options as part of the regulatory
development process. The emission standards that are being
considered for the SRRP include:
Industrial process cateogry.
Acrylic fibers/modacrylic fibers,
Degreasing operations,
Integrated iron and steel manufacturing,
Metal products and machinery,
Paint stripper users,
Paints, coatings, adhesives manufacturing,
Paper and other web coatings,
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- Pesticide formulating,
- Pharmaceuticals production,
Plywood/particle board manufacturing,
- Polystyrene production,
Printing/publishing,
Pulp and paper production.
Reinforced plastic composite production,
Rubber chemicals manufacturing,
Styrene, butadiene latex and rubber, and
- Wood furniture manufacturing.
Related to the section 112(d) emission standards is the
Early Reductions Program required by section 112(i). The Early
Reductions Program gives industries an incentive to achieve at
least a 90 percent reduction in emissions prior to proposal of an
applicable MACT standard. In exchange, the facility would be
given 6 additional years to comply with the final emissions
standard. This program has the potential to result in
substantial emission reductions well before the compliance date
for individual section 112(d) standards.
Achievement Highlights
The proposed HON standard requires reductions in
emissions of 149 HAP's and affects nearly 370 chemical
manufacturing plants across the nation. The HON
standard will reduce HAP emissions from this industry
by 80 percent, or an estimated 552,000 tons per year -
more than any other air toxics rule to be issued under
the CAA. This rule will also reduce volatile organic
compounds, which react to form ozone, by 1.1 million
tons per year. The proposed rule, announced in October
1992, includes requirements to reduce equipment leaks;
these requirements were developed through a regulatory
negotiation which included industry, environmental
groups, and State representatives. Also reflected in
the proposal are the results of dozens of meetings the
EPA held with the chemical industry, environmental
groups, States, and other Federal agencies.
Control technology standards for about 3,700 industrial
and large commercial dry cleaners were proposed in
November 1991 and will be finalized in September 1993.
This proposal includes a "consumption cutoffs"
provision that will exempt many small dry cleaners and
thus minimize the regulatory impacts on small business.
Regulatory negotiations produced an agreement on
regulations to reduce toxic emissions from steel
industry coke ovens. These regulations should be
finalized in September 1993. The regulatory
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negotiation committee included 22 parties representing
EPA, States, the steel industry, labor unions and
environmental and citizen groups. Use of regulatory
negotiation also resulted in more control of emissions
than required by the CAA, as well as a lower estimate
of compliance costs for industry than was originally
anticipated during Congressional debate over the CAA.
The EPA has initiated work on 35 additional emission
standards. These include the emission standards due
4 years after enactment and several that are due 7
years after enactment. Table 1 lists the source
categories covered by this ongoing work.
The final rule for the Early Reductions Program was
announced in December 1992. As of July 1993, 91
enforceable commitments have been received and are
being reviewed. If all of these commitments are
carried out, the resulting reductions in HAP's would
total 36 million pounds by January 1, 1994.
Implementation Programs
Nine implementation programs are being developed to assist
State and local air pollution control agencies in implementing
the requirements of section 112. The EPA is working to develop
guidance for State and local agencies and, where necessary, rules
establishing EPA policy and requirements. The nine programs are:
the General Provisions which create the technical and
administrative framework for implementing section 112
standards and programs,
the section 112(c)(l) Source Category List which is an
initial list of major and area sources of HAP's,
the section 112(e) Source Category Schedule for Standards
which is a schedule for the regulation of all source
categories by November 15, 2000.
the section 112(g) Modifications rule which requires control
technology reviews for constructed, reconstructed, and
modified major sources of pollutants,
the section 112 (j) Equivalent Emissions Limitations by
Permit rule which requires States to issue operating permits
to major sources based on a case-by-case control technology
assessment, if the EPA fails to promulgate a standard within
18 months of the scheduled date,
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Table 1. Emission Standards Currently Under Development
SOURCE CATEGORY
Aerospace Industry
Auto/Light-Duty Truck
Chelating Agents Production
Chlorine Manufacturing
Chromium Electroplating
Commercial Sterilizers
Electric Arc Furnaces; Carbon/Stainless Steel
Ferroalloys ^
Halogenated Solvent Cleaning - Degreasing
Iron/Steel Foundaries
Magnetic Tape
Medical Waste Incineration
Oil and Gas Production
Paper and Pulp (Combustion Sources)
Paper and Pulp (Noncombustion Sources)
Petroleum Refinery
Polymers and Resins I
Polymers and Resins II
Polymers and Resins III
Polymers and Resins IV
Portland Cement
Primary Copper
Primary Aluminum
Printing/Publishing
Rubber Chemicals Production
Secondary Lead
Secondary Lead Smelters
Secondary Aluminum
Shipbuilding
Solid Waste Treatment Storage and Disposal Facilities
Stage I (Gasoline Marketing)
Steel Pickling
Wood Treatment
Wood Furniture
Wool Fiberglass
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the section 112(1)(1) State Programs rule which establishes
EPA requirements for the approval of State or local air
toxics rules or programs, so that the federal air toxics
program can be integrated with existing State programs,
the section 112(1)(2) State Guidance for Implementation of
Section 112(r)f which provides guidance to States
implementing the section 112(r) accidental release
provisions,
the section 112(r) List of Regulated Substances and Risk
Management Program, which requires any facility having
greater than the established threshold quantity of listed
substances to develop a risk management program, and
the Chemical Safety and Hazard Investigation Board, which
will investigate accidental releases resulting in a
fatality, serious injury, or substantial property damage.
Achievement Highlights
In July 1992, an initial list of 174 industrial
categories potentially subject to MACT standards was
published. The list also includes eight categories of
"area sources" which are sources that emit smaller
amounts of HAP's than major sources, but were
determined by the Administrator to present a threat of
adverse effects to human health or the environment
warranting regulation under section 112.
A 10-year schedule for issuing the MACT standards was
announced for public comment in September 1992. The
draft schedule calls for the first standards to be
issued for the synthetic organic chemical manufacturing
industry, commercial and industrial dry cleaners, and
steel industry coke ovens.
A rule implementing the section 112(g) Modifications
requirements, including a list of the 189 HAP's ranked
in order of estimated hazard, has been drafted and is
currently undergoing EPA review. The technical support
documents for implementing this requirement, including
case-by-case control technology assessment, have also
been completed and are under EPA review.
The section 112(1) State Programs rule was proposed on
May 19, 1993.
The section 112(j) rule, the equivalent standard
provision was proposed on July 13/ 1993.
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The General Provisions were proposed on August 11,
1993.
Under section 112(r), EPA is required to develop a list
of at least 100 chemicals which are known or reasonably
anticipated to cause death, injury, or serious adverse
effects to human health or the environment in the event
of an accidental release. A proposed rule listing 162
substances was announced in January 1993.
Special Studies/Programs
Section 112 requires the EPA to either conduct or
participate in 13 special studies on topics ranging from risk
assessment methodologies to urban air toxics; work has been
initiated on all of them. Several special studies, such as the
Hydrogen Fluoride Study, the Hydrogen Sulfide Study and the
National Academy of Sciences Study will be completed in 1993.
The first in a series of biennial reports on the Great Waters
Program and an interim report for the Utility Study will also be
submitted to Congress in 1993. The special studies and programs
are:
Atmospheric Deposition to Great Lakes and Coastal
Waters (Great Waters Program)
- Urban Area Source Program
Electric Utilities Steam Generating Units
Mercury Study
Mercury Health Effects Study
National Academy of Sciences Study
Hazardous Materials Accident Safety Review
Hydrogen Fluoride Study
Hydrogen Sulfide Study
Residual Risk Report
- Coke Oven Production Technology Study
Publicly-Owned Treatment Works Study
Mickey Leland Urban Air Toxics Research Center
Achievement Highlights
The Great Waters Program under section 112(m) is
evaluating the deposition of toxic air pollutants to
the Great Lakes, Lake Champlain, Chesapeake Bay, and
other coastal waters. Master research stations have
been established in each of the Great Lakes and the
data are being used to develop Lakewide Management
Plans. The Chesapeake Bay Atmospheric Deposition Study
is providing monitoring data on deposition to this
region and other monitoring and research initiatives
are either underway or under development for other
geographic regions. The 1993 Great Waters report to
Congress is on schedule for submission in
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November 1993. The report will address sources of air
pollutants, relative loading of air pollutants to the
Great Waters, and exposure and effects of airborne
pollutants in those waters.
The Urban Area Source Program has a number of
activities underway that will assist in drafting the
national urban air toxics strategy, due to Congress in
1995. Three major geographical initiatives in
Baltimore, Houston, and Chicago have been undertaken to
develop improved emission inventories. Ambient air
monitoring and receptor modeling, which is a tool for
associating emission sources with samples from the
ambient air, are also included in these efforts. A
series of national surveys has also been commenced to
better characterize the emissions of several selected
HAP's. The EPA's Office of Research and Development
has drafted a research report, which is currently
undergoing review, covering ambient monitoring, source
characterization, and consideration of atmospheric
transformation. The final research report will be
published in 1995 to complement the national urban air
toxics strategy.
The utility Study is being coordinated with the
Electric Power Research Institute and the Department of
Energy to exchange information related to HAP emissions
from utilities and to conduct several emission tests at
representative facilities. The initial development of
a Fourier transform infrared spectroscopy system has
been completed. This system will be used to
characterize HAP emissions from utility stacks. Work
is also ongoing to design impact analyses and risk
assessments. The study is scheduled to be submitted to
Congress in November 1995.
The Mercury Study program is receiving input from
numerous interested parties including State agencies,
industry and environmental groups, other Federal
agencies and. scientists in academia. A national
emissions inventory for mercury is near completion as
well as a health effects summary. Efforts well
underway include long-range transport modeling and the
enhancement of EPA's indirect exposure model. The
Report to Congress, due in November 1994, is on
schedule. The National Institute of Environmental
Health Sciences has completed a final draft of their
findings on threshold levels for mercury health effects
as required by section 112(n)(l)(C) of the CAA. This
report is on schedule for a November 1993 submittal to
Congress.
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In order to provide input to the National Academy of
Sciences' Study on risk assessment methodologies, the
EPA completed and transmitted a report to the Academy
which provided extensive information on air toxics,
regulatory case studies, and past and present
applications of EPA's risk assessment methods. The
Academy currently plans to release its report in
October 1993.
The EPA has also completed a report to Congress
entitled "Review of Federal Authorities for Hazardous
Materials Accident Safety" as required by section
112(r)(10). The report is currently being reviewed by
OMB.
The reports on hydrogen fluoride and hydrogen sulfide
are both being finalized for publication in September
and October 1993, respectively.
The Mickey Leland Urban Air Toxics Research Center has
been established and has received $300,000 in funding
which will be used to fund research focused on the
effects of air toxics on human populations.
Technical Assistance
Section 112(s) requires EPA to maintain a data base on
pollutants and sources subject to the provisions of section 112
and to include aggregate information from the data base in each
triennial report. Individual data bases have already been
established for several of the emissions standards projects.
Where applicable, information from these data bases has been
included in the project updates in Section 4.0 of this report.
In addition, there are efforts underway to expand and enhance
EPA's national data base, the Aerometric Information Retrieval
System (AIRS), to include air toxics information, specifically
for major sources of HAP's. Thus, information collected on the
major sources of these pollutants would be stored in one data
base. The EPA is also exploring what types of information will
be needed for area sources of HAP's and what data base or data
bases will be used to manage these data. Subsequent reports on
section 112 implementation will include updated information from
the data bases.
Section 112(1)(3) of the CAA requires the EPA to maintain an
air toxics clearinghouse and centers to provide technical
information and assistance to State and local agencies and, on a
cost recovery basis, to others on control technology, health and
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ecological risk assessment, risk analysis, ambient monitoring and
modeling and emissions measurement and monitoring.
Three technical assistance centers and a bulletin board
system that deal primarily with air toxics issues are being
operated and maintained. These are:
the Control Technology Center (CTC), which, in 1986,
began to provide emission and control technology
assistance to State and local agencies as well as
industry. The CTC services include a hotline, a
computerized bulletin board which provides access to
numerous other information systems, in-depth analysis
of specific questions and publication of technical
guidance on issues of national or regional interest.
In early 1992, the CTC became the focal point for
coordination of efforts among the four EPA information
centers participating in the Federal Small Business
Assistance Program. This program provides support
primarily to the State small business assistance
programs required under section 507 of the CAA.
Assistance provided by this program includes
information on Federal air pollution standards, air
pollution control technologies, air emission testing
and monitoring methods, accidental chemical release
prevention, hazardous chemical emergency planning, and
pollution prevention methods.
the National Air Toxics Information Clearinghouse
(NATICH), which was established in 1984 as a
cooperative effort by EPA, the State and Territorial
Air Pollution Program Administrators, and the
Association of Local Air Pollution Control Officials.
Components of NATICH include a computerized data base
containing State and local information on air toxics
and air toxics programs, a bimonthly newsletter, a
telephone helpline, and publication of various special
reports.
the Air Risk Information Support Center (Air RISC),
established in 1988, assists State and local agencies,
other Federal agencies, and the public with questions
concerning risk, exposure, and health effects of air
pollutants. Air RISC serves as a focal point for
providing health effects information primarily through
operation of a hotline staffed by EPA scientists. The
Air RISC also publishes special reports such as
citizen's guides and publications dealing with specific
pollutants.
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the EPA Clean Air Act Amendments (CAAA) computer
bulletin board system that contains information on air
toxics. The bulletin board is easily accessed with a
computer and modem and stores information such as text
of recently-signed air toxics rules, policy and
guidance documents, and summaries of air toxics and
other provisions.
The EPA is also currently operating two information centers
which deal with ambient modeling and monitoring and emissions
measurement and monitoring. These are the Emissions Measurement
Technical Information Center (EMTIC) and the Ambient Monitoring
Technical Information Center (AMTIC).
Achievement Highlights
Services provided by the CTC were accessed over 15,000
times in fiscal year 1992. This includes over 2,700
calls to the hotline and more than 5,800 requests for
CTC documents. This includes over 300 requests for
documents specifically prepared for small businesses.
The CTC bulletin board system was accessed more than
4,400 times, wh;'le the Reasonably Available Control
Technology/Best Available Control Technology/Lowest
Achievable Emission Rate (RACT/BACT/LAER) Clearinghouse
Information System was accessed almost 2,000 times.
Since enactment of the CAA, NATICH has expanded its
bulletin board system to include the NATICH Newsletter,
files from the Toxics Release Inventory, and a list of
annual publications from the Office of Research and
Development. Also since enactment, the NATICH helpline
has received more than 1,200 calls and the NATICH data
base of State and local air toxics information was
accessed more than 5,400 times. The NATICH Newsletter
is currently distributed to approximately 2,, 100
subscribers.
The Air RISC hotline has seen demand for its services
increase by over 30 percent since enactment of the CAA.
The hotline staff has responded to over 3,500 calls
since 1988 with the average number of calls received
numbering about 900 per year. The Air RISC has also
expanded its services to include all air pollutants
rather than just air toxics.
The EPA's AIRS data base is being expanded to
accommodate air toxics information. The plan is for
States to provide information on pollutants and sources
available from their files and for EPA to provide
information from source surveys. With these
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enhancements, the EPA expects the data base to become a
national repository of air toxics information.
EPA Regional Activities
The ten EPA Regional offices have all made implementation of
section 112 a high priority. Significant efforts have focused on
conducting outreach activities for the Early Reduction program,
including workshops, guidance materials, and numerous meetings
and presentations. The outreach activities have included
industry as well as the States in the various Regions. The
Regional offices are also working with individual States to
ensure that the necessary State legislative authority exists to
implement and enforce the section 112 requirements. Regional
office staff are also extensively involved in EPA work groups
that are working to interpret and implement the CAA provisions.
State Activities
Major efforts at the State and local level since enactment
of the CAA have focused on how best to integrate the new CAA
requirements into existing State and local air toxics programs.
Representatives from State and local agencies are active
participants on informal EPA work groups for every section 112
program and emission standard with emphasis on the Early
Reductions Program, section 112(g) Modifications, and
section 112(1) State Programs. Considerable effort is also being
expended on helping the States develop rules to expand their
legal authority to accept delegation of section 112 requirements.
IV. BEYOND SECTION 112: OTHER AIR TOXICS ACTIVITIES
Although section 112(s) requires the body of this report to
address only ongoing section 112 air toxics activities, the EPA
is including discussion of how it is implementing other programs
to reduce emissions of air toxics. This section of the Executive
Summary highlights several of these activities. The following
areas are discussed here, but are not included in the detailed
descriptions in Section 4.0 of this report:
- Risk Assessment Activities,
- Outreach Activities,
- Voluntary Programs, and
- Titles I and II Air Toxics Accomplishments.
Risk Assessment Activities
Although the more immediate focus of Title HI is on
development of control technology-based emission standards, the
EPA also has several efforts underway to improve the EPA's risk
assessment capabilities. These efforts range from acquiring
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better health effects data to improving exposure models. The EPA
will then be prepared to meet the provisions of section 112(f)
which requires the EPA to evaluate whether additional standards
are necessary to protect human health and the environment after
application of section 112^d) controls. The risk assessment
activities currently underway include:
development of health effects benchmarks to evaluate
short-term exposures,
development of a tiered modeling approach (level of
modeling/monitoring increases as available data
increases) for conducting risk assessments,
revision of the EPA's cancer guidelines,
- toxicity testing efforts, being performed by EPA's
Office of Prevention, Pesticides and Toxic Substances,
to generate needed health data for toxic pollutants,
and
improvement of EPA's exposure models.
Achievement Highlights
The EPA's exposure modeling capabilities have been
significantly improved by adding a feature that allows
better characterization of uncertainties associated
with risk estimates.
A tiered modeling approach for conducting risk
assessments was published in February 1992.
A pilot study to write a test rule for 16 HAP's is in
progress to determine if testing options under the
Toxics Substances Control Act would provide sufficient
health data for CAA purposes.
Revisions to the EPA's cancer guidelines have been
drafted and are undergoing EPA review.
Voluntary Programs
In addition to the Early Reductions Program discussed above,
the EPA's Office of Prevention, Pesticides and Toxic Substances
has initiated another voluntary program. The 33/50 project,
begun in February 1991, asks companies to voluntarily reduce
releases of 17 pollutants to the air, water, and soil.
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Achievement Highlights
As of July 1993, 1157 companies had pledged their
support for the 33/50 program by agreeing to reduce
their releases of the 17 chemicals by 354 million
pounds.
Outreach Activities
The EPA has devoted considerable effort to outreach
activities beyond providing the technical assistance required by
section 112(1). For example, the EPA developed and sponsored the
Hazardous Air Pollutants Implementation Workshop for State and
local agencies and a workshop highlighting risk assessment
issues.
Achievement Highlights
The EPA developed and sponsored the Hazardous Air
Pollutants Workshop which dealt specifically with
section 112 issues. The workshop was attended by 240
participants with representatives from 37 State
agencies, 22 local agencies, and all ten EPA regional
offices. Also in 1992, a workshop was convened to
facilitate discussion between EPA and State and local
agencies on risk assessment issues. Three EPA offices
were represented along with nine State and local
agencies. As a result of this workshop, EPA now hosts
a monthly conference call on risk assessment issues
which is open to all State and local agencies and EPA
Regional offices.
Titles I and II Air Toxics Accomplishments
In addition to Title III, Titles I and II of the CAA contain
provisions that, when implemented, will also serve to reduce air
toxics emissions. Title I deals with attainment and maintenance
of the national ambient air quality standards. For geographical
areas that do not achieve a national ambient air quality standard
(called nonattainment areas), Title I includes a system that
classifies the areas by the severity of the ozone pollution
within their borders. In order of increasing severity, the
classifications are marginal, moderate, serious, severe, and
extreme. Title I requires EPA to publish Control Techniques
Guidelines (CTG's) for several source categories. The CTG's
describe reasonable achievable control technologies (RACT)
effective in reducing emissions of volatile organic compounds
(VOC's) which react to form ozone. Because most HAP's are also
VOC's, concomitant control of HAP's will generally occur when
the CTG's are implemented. Similarly, numerous provisions under
Title II of the CAA will significantly reduce air toxics
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emissions from mobile sources. For example, requirements for
reformulated gasoline will reduce toxic emissions by at least 15
percent by 1995, and 20 percent by the year 2000. Reductions in
toxic emissions will also be realized from vehicle inspection and
maintenance programs, reductions in evaporative emissions and
diesel particulate emissions, and clean-fuel vehicle programs.
Achievement Highlights
Significant progress has been made on 11 CTG documents.
Eight CTG's are in the process of being finalized, and
three others are being coordinated with work ongoing to
develop national emission standards for the same source
categories. The status of the CTG's is summarized in
Table 2.
States were required to submit as part of their Title I
State implementation plans (SIP's) VOC RACT rule
corrections by May 15, 1991, for all ozone nonat-
tainment areas rated marginal and above. These
corrected rules now have tighter limits or are more
easily enforced. The corrections cover VOC source
categor es for which EPA had issued CTG's prior to the
CAA and other major sources of VOC. This has resulted
in greater VOC emission reductions.
States were required to submit, as part of their
Title I SIP's, VOC "RACT catch-up" rules by November
15, 1992, for all moderate and above ozone nonat-
tainment areas. Rules had to cover VOC source
categories for which EPA had issued CTG's prior to the
CAA and other major sources of VOC. These rules will
shortly result in VOC reductions from new VOC rules
that were never previously required in new
nonattainment areas or new portions of existing
nonattainment areas.
States were required to submit, as part of their
Title I SIP's, Stage II (vehicle refueling) vapor
recovery rules by November 15, 1992, for all moderate
and above ozone nonattainment areas. Moderate areas
may eventually not be required to install Stage II
vapor recovery since EPA plans to issue regulations for
onboard refueling controls for new vehicles. Even so,
serious and above ozone nonattainment areas were to
have adopted the program and will shortly begin
experiencing VOC emission reductions from the controls.
The EPA has implemented reformulated gasoline
initiatives to reduce motor vehicle pollut (including
air toxics). In July 1991, April 1992, and February
1993, standards were proposed addressing several
ES-16
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different aspects of the reformulated gasoline
regulations which, as described above, will
significantly reduce emissions of toxic air pollutants.
Final rules announced in 1991 that affect the sulfur
content of diesel fuel will substantially cut diesel
particulate pollution from urban buses. The EPA also
finalized rules in March 1993 for urban buses that will
reduce diesel particulate emissions (including HAP's
that are particulates) 95 percent from uncontrolled
levels.
Vehicle inspection and maintenance programs, required
in certain ozone nonattainment areas were finalized in
November 1992. These programs will reduce emissions of
VOC's (including HAP's) by 5 to 30 percent.
A study on motor vehicle-related air toxics, required
by section 202(6) of the CAA, was finalized on
April 30, 1993. Section 202(6) also requires EPA to
promulgate regulations by May 15, 1995 that apply at a
minimum to benzene and formaldehyde.
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Table 2. Status of Control Techniques Guidelines Documents
CTG Source Category*
SOCMI Distillation
SOCMI Reactors
Industrial Wastewater
Volatile Organic Liquid
Storage Tanks
Batch Processes
Offset Lithography
Plastic Parts - Auto
Plastic Parts - Other
Wood Furniture
Aerospace
Shipbuilding
Status
(as of July 1993)
Final document scheduled for
publication in Summer 1993.
Draft in OMB review.
Draft in final EPA review,
prior to submittal to OMB.
Being coordinated with section
112 standards due in November
1994.
SOCMI means syntnetic organic chemical manufacturing industry
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3.0 INTRODUCTION
Section 112 of Title III of the CAA requires the EPA to
regulate emissions of hazardous air pollutants (HAP's), to
conduct various studies pertaining to air toxics emissions and
the effects of exposure to those emissions, and to establish
guidance for the implementation of the CAA through State
programs. This report, required by section 112(3), describes the
activities the EPA has undertaken and the progress that has been
made toward implementing the provisions of section 112.
Section 112(s) requires that EPA submit to Congress a
comprehensive report every 3 years on the EPA's efforts to
implement the provisions of section 112. The report is
specifically to include information from a data base on
pollutants and sources subject to section 112 as well as a
description of the EPA's progress in establishing emission
standards and the compliance costs of such standards. It should
also provide information on the development and implementation of
the national urban air toxics program and recommendations of the
Chemical Safety and Hazard Investigation Board on issues
concerning accidental releases of air toxics.
This is the first section 112(s) report and covers
section 112 activities from November 1990 through July 1993.
Numerous activities associated with implementing the CAA are
highlighted in the executive summary; the remainder of the report
discusses only provisions specific to section 112 of the CAA.
Limited information concerning the data base and compliance costs
of emissions standards is available at this time. These topics
will be discussed more fully in subsequent reports.
This report is divided into six sections. Sections 1.0 and
2.0 contain the Foreword and the Executive Summary. Following
this introduction (Section 3.0), Sections 4.0, 5.0, and 6.0
consist of project status reports, the EPA Regional Office
activities, and State activities, respectively.
Section 4.0 is further subdivided into emission standards,
implementation programs, special studies/programs, and technical
assistance. Each subsection consists of individual status
reports on each provision.
Subsection 4.1 describes the emission standards the EPA is
developing to control the release of HAP's. The emission
standards that are required by 1992 include standards to regulate
synthetic organic chemical manufacturers, commercial and
industrial dry cleaners, and steel coke ovens.
The EPA is also developing several programs to aid State and
local air pollution control agencies in implementing section 112.
These are discussed in Section 4.2 and include section 112(g)
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Modifications, section 112(j) Equivalent Emissions Limitation by
Permit, and section 112(1) State Programs.
Subsection 4.3 of this report provides an update of each
special study, special program, or Report to Congress required by
the CAA. Examples are the Urban Area Source Program, Atmospheric
Deposition to the Great Lakes and Coastal Waters (the Great
Waters Program), the Utilities Study, and the Mercury Study.
Some of the studies, such as the National Academy of Sciences
Study and the Coke Oven Production Technology Study are to be
done by agencies other than the EPA, or by the EPA in conjunction
with other agencies. Status reports for these studies are
included as well.
Under section 112(1) of the CAA, EPA is required to maintain
an air toxics clearinghouse and centers to provide technical
information and assistance to State and local agencies. The EPA
currently operates an air toxics data clearinghouse plus two
technical assistance centers, and an electronic bulletin board,
which fulfill this provision. Each of these is described in
subsection 4.4.
Thr last two Sections, 5.0 and 6.0, summarize the section
112 activities being conducted by the EPA Regional Offices and
State air pollution control agencies, respectively.
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SECTION 4.0
PROJECT STATUS REPORTS
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4.1 EMISSION STANDARDS
Hazardous Organic NESHAP (112(d))
Coke Ovens (112(d)(8), 112(i)(8))
Perchloroethylene Dry Cleaning (112(d>)
Early Reductions Program (112(i)(5))
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Paragraph Number and Subject: Section 112(d) Hazardous Organic
NESHAP
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Organic Hazardous Air Pollutants from the
Synthetic Organic Chemical Manufacturing Industry and 7 Other
Source Categories]
Statutory Requirements: Promulgate 2 years after enactment
of the CAA.
Due Date: November 15, 1992
Proposal Date: December 31, 1992 (57 FR 62608)
Promulgation Date: Not yet promulgated
Projected Promulgation Date: February 28, 1994 (by Court order)
Project Status
The HON will reduce organic HAP emissions from chemical
manufacturing processes in the Synthetic Organic Chemical
Manufacturing Industry (SOCMI). The proposed rule applies to the
production of about 400 of the 660 chemical products produced by
SOCMI. To be subject to the HON, a chemical manufacturing
process must produce as a primary product one of the SOCMI
chemicals listed in the rule and have an organic HAP as either:
(1) a product, by-product, co-product, or intermediate, or (2) a
reactant. The proposed rule only applies to sources that are
considered "major sources" under section 112(d) of the CAA. The
equipment leak provisions of the HON would also apply to major
sources operating any of the following processes: styrene/
butadiene production; polybutadiene production; chlorine
production; pesticide production; chlorinated hydrocarbon use;
pharmaceutical production; and miscellaneous butadiene use.
The proposed rule is estimated to reduce HAP emissions by
approximately 475,000 megagrams/year (522,500 tons/year) and to
reduce volatile organic compounds by 986,000 megagrams/year
(1,085,000 tons/year). Total nationwide capital costs due to the
proposed rule are estimated to be about $347 million (1989
dollars). Total annual costs are estimated to be $182 million
(1989 dollars).
The statutory deadline was not met due to a number of
reasons including complexity of the rule, innovative regulatory
strategies, and difficult issues to be resolved. This rule is
one of the most complex ever developed by EPA. This is the EPA's
first attempt to apply market-based principles to air toxics
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emission standards. The issues raised by this rule (e.g.,
emissions averaging) required many difficult negotiations since
they do not have clear technical, policy, or legal resolutions.
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Paragraph Number and Subject: Section 112(d) Perchloroethylene
Dry Cleaning
Statutory Requirements: Promulgate 2 years after enactment
of the CAA
Due Date: July 15, 1993
Proposal date: December 9, 1991 (56 FR 64382)
Promulgation date: Not yet promulgated
Projected Promulgation Date: September 13, 1993 (by Court order)
Project Status
This rule would reduce the release to the air of the dry
cleaning solvent perchloroethylene (perc). The main sources of
perc emissions from dry cleaning are from process vents and
fugitives. This rule would require the use of a refrigerated
condenser, and under special circumstances, a carbon adsorber as
a control device to capture and recycle perc from process vents,
thus reducing emissions by 95 percent at each controlled process
vent. Perc emissions from fugitive sources such as open machine
doors, open containers of perc, and equipment leaks would be
minimized by a pollution prevention program of good work
practices that would require dry cleaners to keep the machine
doors shut, to keep containers of perc closed, and to find and
repair equipment leaks.
Because of economic impact concerns, the smaller business
would be exempt from process vent control. Exempting these
smaller sources exempts about half the dry cleaning operations,
but still controls 97 percent of the potential process vent
emissions.
There are remaining issues that we will take additional
comment on after the rule is promulgated. The first is what more
the EPA should do about indoor air contamination from dry
cleaners. The second is what can the EPA do about discharges
from dry cleaners into sewers that contaminate ground water with
perc.
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Paragraph Number and Subject: Section 112(d)(8) and (i)(8)
Coke Ovens
Statutory Requirements: Promulgate MACT and LAER standards
by December 31, 1992. Promulgate
work practice standards with
industry compliance by November 15,
1993.
Due Date: December 31, 1992
Proposal Date: December 4, 1992 (57 FR 57534)
Promulgation Date: Not yet promulgated
Projected Promulgation Date: September 30, 1993
Project Status
The coke oven standard was developed through a regulatory
negotiation process, which formally started in January 1992 and
ended when the Committee signed an agreement on October 28, 1992.
The coke oven standard was proposed in the Federal Register on
December 4, 1992. A public hearing was held on January 15, 1993,
and the public comment period ended February 16, 1993. No major
changes to the rule are anticipated; however, some last minute
issues have delayed promulgation until September 1993.
The coke oven rule proposes standards for the control of
coke oven emissions from all new and existing coke oven batteries
in the iron and steel industry. The standards would apply to
visible emissions from charging, door leaks, and topside leaks
and to coke oven emissions from bypass bleeder stacks.
Provisions for daily monitoring and work practice requirements
also are included in the proposed standards. Method 303,
"Determination of Visible Emissions from By-product Coke Oven
Batteries," and Method 303A, "Determination of Visible Emissions
from Nonrecovery Coke Oven Batteries" also are proposed.
At the current level of control, coke oven batteries emit an
estimated 1660 megagrams (Mg)/year (yr) of coke oven emissions;
of which 750 Mg are from the doors, lids, offtakes, and charging;
and 850 Mg are from the by-pass stacks. The MACT and lowest
achievable emission rate (LAER) standards will result in
reductions of coke oven emissions from the doors, lids, offtakes
and charging ranging from 475 to 670 Mg/yr, a 66 percent to 90
percent reduction. Flares are required to control emissions from
the by-pass stacks, and these will eliminate at least 98 percent
of the emissions.
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In order for the coke oven industry to comply with these
standards, they must increase their annualized costs by an
estimated $84 million by 1998, which is the LAER compliance date,
Most of the industry has indicated a preference for the LAER
track.
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Paragraph Number and Subject: Section 112(1)(5) Early Reductions
Statutory Requirements: Grant section 112(d) compliance
extensions to sources that achieve a 90
percent reduction in hazardous air
pollutant emissions (95 percent for
particulate HAP's) prior to proposal of
the section 112(d) standard from a base
year not earlier than 1987.
Due Date: No statutory due date
Proposal Date: June 13, 1991 (56 FR 27338)
Promulgation Date: December 29, 1992 (57 FR 61970)
Project Status
The early reductions provisions would allow an existing
source to obtain a 6-year extension of compliance with an
emission standard promulgated under section 112(d) of the act if
the source has achieved an emission reduction of 90 percent or
more of HAP's (95 percent or more for particulate HAP's) by
certain dates. The reduction must be achieved by the proposal
date of an applicable section 112(d) standard, with the following
exception. The reduction may be achieved after the standard is
proposed (but no later than January 1, 1994) if the source makes
an enforceable commitment before the standard's proposal date to
achieve the reduction.
These provisions of the CAA and the proposed rule to
implement them have the potential for resulting in substantial
emission reductions well before the compliance date for
section 112(d) standards. In addition to the environmental
benefits, there would be economic benefits for participating
sources since they would have more time to develop compliance
strategies for section 112(d) standards and choose the most cost-
effective and economically attractive means to reduce their
emissions of hazardous air pollutants. Because any source can
enter the program, and the program is available for a decade, it
is impossible to assess with certainty the industries that would
take advantage of the provision or determine the impact.
The final rule has been signed and appeared in the Federal
Register on December 29, 1992 (57 FR 61970). Ninety-one
submittals have been received and are in the process of being
reviewed. Two have been approved.
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4.2 IMPLEMENTATION
PROGRAMS
General Provisions
Source Category List
- Source Category Schedule
- Modifications (112(g))
Equivalent Emission Limitations
by Permit (112(j))
- State Programs (112(1))
- State Guidance for
Accidental Release
Program (112 (r) (2))
- Accidental Release
Prevention - List of
Regulated Substances
- Chemical Safety and
Hazardous Investigation
Board (112(r)(6))
- Accident Prevention
Regulation/Risk
Management Plan
Provisions (112(r)(7))
- Hazardous Materials
Accident Safety Review
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Paragraph Number and Subject: General Provisions
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
There is no statutory requirement
to develop General Provisions.
Should be promulgated before, or
with, the first MACT standard under
section 112.
August 11, 1993 (58 FR 42760)
Not yet promulgated
Projected Promulgation Date: February 28, 1994 (by Court
order)
Project Status:
To facilitate the implementation of emission standards and
programs that will be established pursuant to section 112 of
Title III of the CAA of 1990, EPA has proposed a rulemaking to
establish General Provisions (August 11, 1993; (58 FR 42760)).
The General Provisions would create the technical and
administrative framework for implementing section 112 standards
and programs. The General Provisions would apply to all
stationary sources that will be regulated by standards set under
amended section 112, although individual standards can override
the general provisions when it is appropriate.
The General Provisions would serve as the primary vehicle
for informing owners and operators of their basic compliance
responsibilities and of the administrative and enforcement
responsibilities of EPA. They also would eliminate redundancy in
general information that otherwise would have to be repeated each
time a standard is promulgated. In this regard, the General
Provisions would allow cost-efficient, simplified implementation
of future emission standards by establishing a consistent set of
basic requirements for all source categories.
The General Provisions would impose no environmental,
economic, or energy impacts until emission standards for source
categories are promulgated. Recordkeeping and reporting burdens
associated with the General Provisions will be estimated for each
standard as it is developed.
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Paragraph Number and Subject: Section 112(c)(l)
List
Source Category
Statutory Requirements:
Due Date:
Preliminary Draft Published:
Initial List Published:
By November 1991, publish list of
categories of major and area
sources for which MACT or Generally
Available Control Technology (GACT)
standards will be established
according to a schedule published
under section 112(e).
November 15, 1991
June 21, 1991 (56 FR 28548)
July 16, 1992 (57 FR 31576)
Project Status
This action publishes an initial list of categories of major
and area sources of HAP's, as required under section 112(c)(l) of
the CAA. The statute requires the EPA to promulgate regulations,
over the 10 years following amendment of the CAA, establishing
emission standards for each listed category of major sources and
area sources. The initial list includes 174 categories.
The EPA considers the listing of categories of sources under
section 112(c)(l) to be an ongoing process. Under
section 112(c)(l), the EPA is obligated to revise the list if
appropriate, in response to public comment or new information,
from "time to time, but no less often than every 8 years." The
EPA intends to maintain the list as part of the regulatory
development process of establishing emission standards, and may
revise the list to reflect any deletion determinations resulting
from the source category deletion process, or other potential
changes to the list such as additions of new categories, or
subcategorization of existing source categories.
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Paragraph Number and Subject: Section 112(e) Source Category
Schedule for Standards
Statutory Requirements:
Due Date:
Draft Published for Comment:
Final Publication:
Projected Final Publication:
Project Status
The EPA shall schedule the listed
source categories from
section 112(c) into four different
time frames assuring that standards
are promulgated for 40 source
categories by November 15, 1992,
25 percent of listed source
categories by November 15, 1994, 50
percent by November 15, 1997, and
100 percent by November 15, 2000.
November 15, 1992
September 24, 1992 (57 FR 44148)
Not yet published
November 15, 1993 (by Court Order)
The Draft Schedule for Standards was published in the
Federal Register on September 24, 1992 (57 FR 44148). A 30-day
public comment period was provided which ended on October 26,
1992. Eighteen public comments were received. The comments
primarily addressed four areas: flexibility to amend the
schedule after it is published, the source category ranking
system, scheduling decisions for a few specific source
categories, and the consideration of environmental effects.
Commenters supported the CAA interpretation that EPA has some
flexibility to amend the schedule after it is published in the
Federal Register. Several commenters identified limitations and
weaknesses of the source category ranking system, but supported
its use as a prioritization tool for developing the schedule.
Two commenters suggested that the EPA should also consider
environmental effects when prioritizing the source categories.
In response to this latter comment, a technical effort has been
completed which ranks the source categories based on a few
ecological criteria including bioconcentration, aquatic toxicity,
partitioning to various media, and persistence. The final
schedule is expected to be very similar to the draft schedule,
although there will be some changes. The final Schedule for
Standards is being developed, and is expected to be approved by
the EPA work group in October 1993.
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Paragraph Number and Subject: Section 112(g) Modifications
Statutory Requirements:
Due Date:
Proposal Date:
The EPA is required to publish
guidance for the implementation of
section 112(g) of the CAA, which
contains requirements for
constructed, reconstructed, and
modified major sources of hazardous
air pollutants.
May 1992
Not yet proposed (projected
proposal January 1994)
Promulgation Date: Not yet promulgated
Projected Promulgation Date: January 1995
Project Status
Section 112(g) affects all major sources of HAP's, and thus
affects a wide variety of industries. Section 112(g) requires
control technology reviews for constructed, reconstructed, and
modified major sources of pollutants listed in section 112(b).
Modifications are defined as a physical change or change in the
method of operation at a major source that increases actual
emissions above a de minimis level. Increases in HAP emissions
are not considered a modification if they can be offset by equal
or greater decreases in other pollutants which represent a
greater hazard. Furthermore, HAP's "with no safety threshold of
exposure" may only be offset by other such "non-threshold"
pollutants. Therefore, threshold and non-threshold pollutants
must be identified and are subject to offsetting requirements.
The act requires EPA to publish guidance for implementing
the requirements of section 112(g) within 18 months of enactment.
The guidance should identify, to the extent practicable, the
relative hazard to human health of each HAP listed in section
112(b). Once established, this ranking will be used to evaluate
proposed offsets and to determine whether decreases in emissions
are "more hazardous" than increases being offset.
After the effective date of a permit program under Title V
in any State, no person may modify a major source of HAP's unless
MACT emission limitations will be met. If MACT has not already
been established by the EPA, then a case-by-case MACT
determination must be made. The Administrator (or State) is to
establish reasonable procedures for assuring that the
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requirements applying to modifications under this section are
reflected in the permit. The EPA also intends to publish
guidance for case-by-case MACT determinations.
The EPA formed a work group for section 112(g) guidance in
January 1991. The 112(g) effort has required that the work group
address a number of difficult regulatory issues, including:
the definition of a "constructed major source";
- the establishment of de minimis emission rate for 189
HAP's;
- the development of a procedure to be used in
determining whether offsetting emission decreases are
"more hazardous" than emission increases; and
- the establishment of procedures for case-by-case
control technology determinations.
In addressing these complex and contentious issues, the EPA
staff have undertaken extensive outreach efforts to solicit input
from interested parties in industry, environmental groups/ and
State and local regulatory agencies. These outreach efforts have
delayed development of the guidance, but should improve
implementation of the final rule.
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Paragraph Number and Subject: Section 112(j) Equivalent Emission
Limitations by Permit
Statutory Requirements:
Due Date:
Beginning 18 months after the
Agency has missed A promulgation
deadline for a MACT standard, all
major sources of toxic air
emissions must submit permit
applications containing case-by-
case MACT emission limits. These
emission limits must be at least as
stringent as the federal MACT
standard would have been. The
EPA is required to set out specific
provisions for States and sources
to follow in implementing these
case-by-case equivalent emission
limitations by permit.
Statutory due date was May 1992.
Proposal Date: July 13, 1993 (58 FR 37778)
Promulgation Date: Not yet promulgated
Projected Promulgation Date: March 1994 (by Court order)
Project Status
The section 112(j) rulemaking was proposed on July 13, 1993.
The formal public comment period will end in late August. Public
comments will be reviewed in the preparation of a final rule.
These provisions will apply to all major sources of toxic
air emissions in States that have approved permit programs. The
earliest they can take effect under the CAA is May 1994. The
EPA's rule will provide guidelines for permit applications,
review, and approval; will state requirements for new and
existing sources; and will incorporate guidelines for making
case-by-case MACT determinations.
KEY ISSUES:
Overlap with CAA section 112(g) modifications
provisions regarding rules for constructed and
reconstructed sources as well as existing sources, and
incorporation of guidance for case-by-case MACT
determinations.
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Coordination with Part 70 permit provisions, Part 63
general provisions/ and CAA section 112(1) State
program approval provisions.
Coordination of case-by-case MACT requirements with the
requirements of subsequent federal MACT standards.
18
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Paragraph Number and Subject: Section 112(1)(1) State Programs
Statutory Requirements: Section 112(1) requires the EPA to
develop guidance for the approval
of State programs for
implementation and enforcement of
section 112 rules when such State
programs are no less stringent than
the Federal program.
Due Date: November 15, 1991
Proposal Date: May 19, 1993 (58 FR 29296)
Promulgation Date: Not yet promulgated
Projected Promulgation Date: November 15, 1993 (by Court order)
Project Status
The requirements of this section will be implemented through
both guidance and a formal rulemaking. The rule as proposed on
May 19, 1993 (58 FR 29296), includes a broad range of input from
State and local agencies and from industry and environmental
groups through the Clean Air Act Advisory Committee.
The EPA expects to meet the court-ordered deadlines. At the
time of promulgation of the section 112(1) rule, additional
guidance will also be published to address the remaining
requirements of section 112(1).
The primary effect of implementing section 112(1) will be to
make State or local rules or programs federally enforceable in
lieu of otherwise applicable Federal rules, thereby eliminating
the need for States to implement and enforce and sources to
comply with 2 separate sets of rules. The main effort in this
regard is the development of procedures for determining whether a
State or local rule or program is "no less stringent" than a
Federal rule and, therefore, can be approved.
Section 112(1) guidance will also address the registration
of facilities covered by the section 112(r) list of substances,
the High Risk Point Source Program which includes pollutants
beyond those listed under section 112(b), technical assistance to
States and others, and air toxics grants.
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Paragraph Number and Subject: Section 112(1) (2) State Guidance
for Implementation of Section
Statutory Requirements: Section 112(1) (2) requires EPA to
publish guidance to assist States
in developing State section 112
programs, including section 112(r).
Due Date: November 15, 1991
Proposal Date: Not applicable
Promulgation Date: Not applicable
Projected Completion Date: November 1993
Project Status
A work group which includes five representatives from State
agencies, has been formed to develop State program guid^ce for
the implementation and enforcement of section 112 (r). This
guidance will provide information regarding current and
historical chemical accident prevention activities; the
relationship of section 112 (r) to other requirements of the CAA,
as well as other Federal programs; and approaches a State may
utilize in developing their accidental release prevention
program. The objective of this guidance is to provide the State
with sufficient information to develop an accident release
prevention program for submittal and approval by EPA. This
guidance is intended to augment regulations developed under
Title V, sections 112(1) and (r) of the CAA.
Specific guidance to States concerning the section 112 (r)
requirements cannot be accurately provided until the Accidental
Release Prevention regulations are developed. The guidance does
not directly impact any industries and is expected to be released
in draft form upon the publication of the proposed section 112 (r)
rules and be finalized when the rules are promulgated.
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Paragraph Number and Subject: Section 112(r)(3) List of
Regulated Substances and Threshold
for Accidental Release Prevention;
Requirements for Petition under
Section 112(r) of the Clean Air Act
as Amended.
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
The EPA is required to develop a
list of at least 100 substances and
threshold quantities which, in the
case of an accidental release, are
known to cause or may reasonably be
anticipated to cause death, injury,
or serious adverse effects to human
health or the environment.
November 15, 1992
January 19, 1993 (58 FR 5102)
Not yet promulgated
January 15, 1994 (by Court order)
Project Status
A proposed rule to list 162 chemicals and their respective
threshold quantities is currently going through public review. A
Federal Register notice was published on March 9, 1993. This
notice extended the comment period until May 14, 1993 and
scheduled a public hearing for April 12, 1993.
Facilities having greater than the threshold quantity of a
regulated substances will be required to develop a risk
management program specified under section 112(r)(7). The only
costs associated with the list rulemaking would result from the
petition process. The costs for the regulated community will be
addressed under the risk management program regulation.
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Paragraph Number and Subject: Section 112(r)(6) Chemical
Safety and Hazard Investigation
Board
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
Section 112(r)(6) establishes an
independent five-member Board to
investigate or cause to be
investigated accidental releases
resulting in a fatality, serious
injury, or substantial property
damage. The five members,
including a chairperson, are to be
appointed by the President, with
the advise and consent of the
Senate. The Board is also to issue
periodic reports to Congress and
Federal, State, and local agencies
concerning steps to be taken to
reduce the likelihood or
consequences of accidents.
Or report on recommendations on
the use of hazard assessments in
preventing accidental releases of
extremely hazardous substances
was to be published 18 months
after enactment of the CAA; a
second report to officials at the
EPA and Occupational Safety and
Health Administration (OSHA)
regarding recommendations in the
adoption of regulations governing
risk management plans was due
24 months after the enactment of
the Amendments. The Board is also
to submit annual reports to
Congress with regard to
recommendations made and
investigations performed during the
year.
Not Applicable
Not Applicable
[Board should be nominated in 1993
with reports to follow,
thereafter].
22
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Project Status
The Board was not nominated during the previous
administration. The EPA Administrator has indicated her interest
in moving forward with the Board and will work with the White
House on the nominations process.
The EPA has also reinstituted work on transition issues to
provide the Board with information which would allow them to
begin working expeditiously. These efforts began in 1991, when
EPA appointed a transition team under the direction of the
Chemical Emergency Preparedness and Prevention Office (CEPPO) in
the Office of Solid Waste and Emergency Response, to begin
preparing for establishment of the Board. The team has developed
draft documents such as draft operating procedures, outlines for
the Memorandum of Understanding between appropriate agencies,
draft policies for areas such as investigation guidelines or
protocols, the Freedom of Information Act and the Sunshine Act,
and prepared a briefing book. The EPA is also taking steps to
provide administrative support to the Board if needed. These
efforts were coordinated with the OSHA. All of these activities
are intended to provide the Board with a starting point from
which it could quickly begin its important mission. They are not
intended to preempt the Board's prerogatives to develop its own
organizational structure or style. The EPA is prepared to assist
and support the Board administratively when it begins its work
and to cooperate fully by sharing information and providing such
technical assistance as the Board requires.
While required reports were not submitted, EPA has continued
related work to implement its responsibilities under
section 112(r) of the Clean Air Act. When the Board is
nominated, it will have access to the substantial documentation,
research and information developed by EPA regarding both hazard
assessments and the design and development of Risk Management
Plans. This should substantially reduce the time required to
complete the two reports, once the Board is functional.
The deadlines in section 112(r)(6) were missed because the
Board members were not nominated.
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Paragraph Number and Subject: Section 112(r)(7) Accident
Prevention Regulation and Risk
Management Plans for Accidental
Release Provisions under the CAA
of 1990.
Statutory Requirements:
Due Date:
Proposed Date:
Promulgated Date:
Projected Completion Date;
Section 112(r)(7) requires EPA
to promulgate regulations that
require facilities handling a
regulated substance above a
threshold quantity to prepare and
implement risk management plans.
The plans must include a
hazard assessment, a prevention
program, and an emergency response
program to be submitted to State
and local planning organizations/
the Chemical Safety and Hazard
Investigation Board, and to be made
available to the public.
November 15, 1993
Not yet proposed
Not yet promulgated
November 15, 1993
Project Status
A draft of the proposed risk management plan rule was sent
to OMB for review in May 1992. Supplementary information was
sent to OMB in July 1992 and March 1993 and staff from the EPA
and the OMB met in October 1992. The OMB has not yet completed
its review.
The EPA has also been developing guidance to assist
regulated facilities in the preparation of risk management plans
under section 112(r)(7) of the CAA. The guidance will be
sufficiently thorough and technical to serve as the primary
source of information on risk management plans for a regulated
facility, to help facilities determine whether they are in
compliance and what type of technical assistance they may need to
fulfill requirements of the plan. The EPA will also be
developing model plans to assist certain industries.
The EPA estimates that approximately 140,000 facilities will
be affected by this rule including chemical manufacturers, public
drinking water and treatment systems, cold storage facilities,
24
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wholesalers, private utilities, and service industries. Many of
these same industries are also covered by the OSHA Process Safety
Management standard. Consequently, EPA worked closely with OSHA
and held focus group meetings with States and industry to ensure
that this rule builds on the OSHA standard and provides risk
management information needed by states and local planners.
25
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Paragraph Number and Subject: Section 112(r)(10) "A Review of
Federal Authorities for Hazardous
Materials Accident Safety"
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
Requires the President to conduct a
review of various Federal agency
authorities for release prevention,
mitigation and response;
clarification and coordination of
federal agency responsibilities to
ensure effective and efficient
implementation; identification of
deficiencies in authority of
resources; and recommendations for
changes.
November 15, 1992
Not applicable
Not applicable
Late 1993
Project Status
The Review is completed and was sent to the OMB for approval
to transmit the report to Congress. Presidential delegation to
EPA to conduct the study is pending.
In response to the Congressional mandate, the report reviews
and describes existing federal authorities for accident release
prevention, preparedness, and response. It provides findings
with respect to key policy questions and issues. The report
concludes that while achieving its statutory goals, the safety
system is complex and, as a result, costly. A second phase of
research is recommended to focus on the technical implications of
the issues and to obtain stakeholder input in developing needed
options for change, some of which may be statutory. Because of
the complexity and inefficiency of the existing system, the
issues identified for further investigation impact, and, in some
cases, unnecessarily burden both industry and the regulatory
agencies. The issues include: multiple statutory definitions
for regulated substances and reportable events; multiple facility
contingency planning regulations; and multiple accident data
bases and reporting requirements.
In addition, the report noted the need for improved
coordination among all levels of government in contingency
planning and among federal agencies for the development of
26
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prevention programs and regulations. As a result, the Executive
Branch, through the National Response Team, has instituted a
Prevention Committee and begun improving its coordination efforts
with State and local governments for contingency planning.
27
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4.3 SPECIAL STUDIES/PROGRAMS
- Residual Risk Report - Coke Oven Production
Technology Study
- Area Source Study - Publicly Owned Treatment
(112(k)) Works (112(m)(3),(e)(5))
- Great Waters Program - Hydrogen Sulfide Study
- Utilities Study - Hydrofluoric Acid Study
- Mercury Study - National Academy of Sciences
Study (112(o))
Report to Congress - Mickey Leland Urban Air
on Mercury Health Effects Toxics Research Center
(112(p))
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Paragraph Number and Subject: Section 112(f)(l) Residual Risk
Report
Statutory Requirements: Report to Congress on risk
associated with stationary sources
after the implementation of MACT
Due Date: November 1996
Proposal Date: Not applicable
Promulgation Date: Not applicable
Projected Completion Date: November 1996
Project Status
To date there has been little direct effort associated with
the development of the subject report. Peripheral efforts have
been directed toward establishing a baseline of methodologies for
calculating risks from stationary toxic sources using currently
available techniques ("A Tiered Modeling Approach for Assessing
the Risks Due to Sources of Hazardous Air Pollutants," EPA-450/4-
92-001, March 1992). Results of these efforts have been
communicated to the National Academy of Sciences (NAS) to
facilitate their review of the EPA methods for assessing risks.
In addition, base program efforts to improve source and ambient
measurement methods for air toxics continue as well as the
development of capabilities for obtaining a national air toxics
emission inventory suitable for the purposes of assessing
residual risks.
The recommendations of the NAS report (anticipated to be
published in October 1993) will be used to form the basis of the
program to develop the 1996 residual risk report to Congress. It
is anticipated that a comprehensive plan of action and schedule
of activities will be developed for this project within 6 months
of the release of that report.
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Paragraph Number and Subject: Section 112(k) Area Source Program
Statutory Requirements: . The EPA is required to conduct a
research program with respect to
sources of HAP's in urban areas
and, based on the findings, prepare
a comprehensive national strategy
to control emissions of HAP's from
urban area sources.
Due Date: November 15, 1993 (preliminary
research report)
November 15, 1995 (national
strategy)
Proposal Date: Not applicable
Promulgation Date: Not applicable
Projected Completion Date: Same as due dates
Project Status
The purpose of the area source program is to achieve a
substantial reduction in emissions of HAP's from area sources and
an equivalent reduction in risks from such sources, including a
75 percent reduction in cancer risk. The program must include a
research component involving ambient monitoring, source
characterization, and consideration of atmospheric
transformation. A report summarizing the preliminary research
results is due by November 15, 1993.
A national strategy reflecting the research results and
input from States and the public is to be developed by
November 15, 1995. Goals of the strategy are to reduce cancer
incidence associated with area sources by 75 percent and regulate
area sources accounting for 90 percent of 30 or more HAP's that
pose the greatest threat in the largest number of urban areas.
The strategy shall identify actions that will meet these goals,
including listing and regulating categories of area sources under
section 112, but also including measures taken by the EPA under
other statutes or by States. The research program and the
national strategy are both underway.
A draft of the required research report has been completed
and is undergoing review. Since this research report will only
contain preliminary results, additional research has begun within
ORD to meet the objectives specified in section 112(k) relating
to ambient monitoring, source characterization and atmospheric
transformation. This research has been limited by current and
30
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anticipated budget cuts. The EPA plans on publishing a final
research report in 1995, complementing the national strategy.
To complement•the research report, a number of activities
are underway or planned leading to drafting the national
strategy. These activities include an analysis of approximately
10 good quality ambient air quality data bases to determine
relative exposures and risks associated with measurable urban
HAP's. Three major geographical initiatives in Baltimore,
Houston and Chicago have been undertaken that will involve
development of improved emission inventories of HAP's and the
modeling of these emissions data to drive exposure and risk
assessment models. These initiatives also include ambient air
monitoring and analysis as well as receptor modeling, which is a
tool for associating emission sources with ambient samples based
on source signatures. An analysis of the EPA's Toxic Release
Inventory has also been performed to identify and rank area
sources of various HAP's. The EPA's activities toward
establishing MACT under section 112 are also valuable sources of
information for this purpose that are being utilized. Finally,
the EPA has commenced a series of national surveys of sources and
emissions of selected HAP's to mutually satisfy the needs of
section 112(c)(6) relating to se ^n specific pollutants or
pollutant types and section 112(k) relating to the urban area
source program.
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Paragraph Number and Subject: Section 112(m) Atmospheric
Deposition to the Great Lakes and
Coastal Waters (Great Waters
Program)
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Section 112(m) requires a program
to evaluate the deposition of toxic
air pollutants to the Great Lakes,
Lake Champlain, Chesapeake Bay, and
coastal waters. Research findings
and regulatory needs determinations
are to be presented in biennial
Reports to Congress. Further
regulations are to be promulgated
as necessary and appropriate.
First Report to Congress:
November 15, 1993.
Necessary and appropriate emission
standards or control measures:
November 15, 1995.
Not applicable
Not applicable
Projected Completion Date:
Project Status
First Report to Congress:
December 31, 1993
Studies and standards: Not
Determined
As required, master research stations that are capable of
monitoring the atmospheric deposition of hazardous air pollutants
in both dry and wet conditions were established before
December 31, 1991, at each of the five Great Lakes. Data from
these stations are being utilized in development of Lakewide
Management Plans for the Great Lakes. Quality assurance criteria
and data management plans are being developed with Canadian and
Great Lakes' States representation. The Chesapeake Bay
Atmospheric Deposition Study provides atmospheric monitoring to
evaluate wet and dry deposition for the Chesapeake Bay region. A
Galveston Bay relative loadings study will be conducted. Several
additional initiatives for process research, transport and
deposition modeling, emission source data bases development, etc.
are underway or in development as well. A comprehensive long-
term research plan is being developed to provide the required
information for the Report to Congress based on existing data and
ongoing work.
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In preparation for the development of the Report to
Congress/ three scientific documents were created by scientists
involved in Great Waters-related research. The documents address
the three scientific issues in section 112(m)(l): sources of air
pollutants, relative loading of tir pollutants to the Great
Waters/ and exposure and effects of airborne pollutants. A
workshop was held in November 1992 to peer review the three draft
documents and discuss these Great Waters issues and research
needs. The final documents are being used to support the writing
of the Report to Congress. During Spring and Summer 1993, a
draft of the Great Waters Report to Congress was reviewed by the
EPA and by scientists involved in Great Waters research. The
final EPA review is scheduled for October 1993.
33
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Paragraph Number and Subject: Section 112(n)(l)(A) Electric
Utility Steam Generating Unit
Hazardous Air Pollutant Study
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
The EPA must perform a study, to be
presented in a Report to Congress,
of the hazards to public health
reasonably anticipated to occur as
a result of emissions of HAP's by
electric utility steam generating
units, after imposition of the
requirements of the CAA. The EPA
is to develop and describe
alternative control strategies for
HAP's which may warrant regulation
under section 112. If the EPA
finds that regulation is warranted
and necessary considering the
results of the study, it shall then
proceed with rulemaking activities.
Section 112(n)(l)(B) requires the
EPA to conduct, and transmit to the
Congress, a study of mercury
emissions from electric utility
units'.
November 15, 1993
Not applicable
Not applicable
November 1995
Project Status
For the purposes of section 112, an electric utility steam
generating unit is any fossil fuel-fired combustion unit of more
than 25 megawatts electrical output capacity that serves a
generator producing electricity for sale. A unit that
cogenerates steam and electricity and supplies more than one-
third of its potential electric output capacity and more than 25
megawatts electrical output to any utility power distribution
system for sale is also considered to be an electric utility
steam generating unit. Thus, the industry being investigated
includes both the traditional electric utility industry as well
as those industrial and third-party units that cogenerate steam
and electricity.
34
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To date, the EPA has:
participated in a series of meetings with industry
(e.g., the Electric Power Research Institute [EPRI])
and governmental groups (e.g., the Department of Energy
[DOE]) to coordinate HAP emission test programs and to
exchange information regarding utility toxics
activities;
performed initial development of the Fourier transform
infrared spectroscopy field testing system;
identified available methodologies for assessing
indirect human exposures to air toxics;
developed a source description data base for the
exposure models;
developed a matrix of unit configurations to define the
industry profile for use in the test program and impact
analyses' phases;
- assessed th' availability and usefulness of available
HAP data;
further defined the exposure (both direct and indirect)
models that will be used;
begun emission testing; and
investigated coal characteristics.
The EPA plans to perform both the electric utility HAP study
and the electric utility portion of the mercury study
concurrently. The EPA plans to issue a final report to Congress
that incorporates the EPRI and DOE emissions testing data by
November 1995.
35
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Paragraph Number and Subject: 112(n)(l)(B) Mercury Study
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
The EPA is required to conduct and
transmit to the Congress a study of
mercury emissions from electric
utility steam generating units,
municipal waste combustors, and
other sources, including area
sources. The study must include the
rate and mass of such emissions,
the health and environmental
effects of such emissions,
technologies which are available to
control such emissions, and the
costs of such technologies.
November 1994
Not applicable
*
Not applicable
November 1994
Project Status:
The study is currently on schedule for submittal to Congress
in November 1994. The EPA is preparing the study in
collaboration with numerous interested parties and experts in the
mercury field including representatives from State and local air
pollution control agencies, academia, the utility industry, and
environmental groups. The mercury study is also being closely
coordinated with other CAA studies which involve mercury
assessment, such as the Great Waters program and the Electric
Utility Study.
The mercury study will include a national emissions
inventory of mercury emissions and sources, a long-range
transport modeling exercise to illustrate the dispersion of
mercury, and an indirect exposure analysis to assess both the
exposure potential from pathways other than direct inhalation,
and ecological effects. Also included in the study will be a
discussion of mercury control technologies and the costs of these
technologies. Pollution prevention strategies will also be
presented as "control technology" candidates.
As of July 1993, the EPA has nearly completed the national
emissions inventory and a health effects summary. A section on
trends in mercury use and disposal has also been completed. The
long-range transport model has been enhanced to incorporate
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atmospheric chemistry algorithms that are critical to
understanding the fate and transport of mercury in the
atmosphere. The indirect exposure analysis is currently being
defined as well as the ecological effects assessment. An
evaluation of control technologies and costs is also underway.
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Paragraph Number and Subject: Section 112(n)(l)(C) Report to
Congress on Mercury Health Effects
Statutory Requirements: The National Institute of
Environmental Health Sciences
(NIEHS) shall conduct and transmit
to Congress a study on threshold
levels for health effects from
exposure to mercury.
Due Date: November 15, 1993
Proposal Date: Not applicable
Promulgation Date: Not applicable
Projected Completion Date: November 15, 1993
Status:
The CAA requires the NIEHS to conduct a study to determine
the threshold level of mercury exposure below which adverse human
health effects are not expected to occur and transmit a report to
Congress by November 15, 1993. The study is to include a
threshold for mercury concentrations in the tissue of fish which
may be consumed without adverse effects to public health.
The NIEHS convened a multi-disciplinary scientific panel of
nongovernmental experts in environmental health sciences, metals
toxicology, human biology, and medicine to study the issues.
This group reviewed the considerable biomedical literature on the
health effects of mercury and data on mercury levels in the
environment and contributed data from their own research. These
scientists provided advice and recommendations with respect to
the questions posed in the CAA. In addition, scientists and
scientist-managers of federal environmental and health research
and regulatory programs studied the issue and provided additional
background information and advice to the NIEHS.
Scientists from the NIEHS issued a final draft report of
their findings and recommendations on February 10, 1993. Their
report is undergoing review and approval in accordance with
procedures established by the Department of Health and Human
Services for clearance of Reports to Congress. This review
should be completed and the Report should be forwarded to
Congress by the deadline set in the CAA.
38
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Paragraph Number and Subject: Section 112(n)(2) Coke Oven
Production Technology Study
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation D; e:
Projected Completion Date:
The Department of Energy (DOE) and
the EPA shall jointly conduct a
6-year study to assess coke oven
production emission control
technologies and to assist in the
development and commercialization
of control technologies to reduce
emissions of HAP's from coke oven
production facilities. Annual
reports to Congress are required as
well as recommendations of control
technologies, upon completion of
the study.
November 1997
Not applicable
Not applicable
November 1997
Project Status
The DOE is taking the lead on this activity with the EPA
acting in an advisory role. Congressional funding of this study
is $2 million for fiscal year (FY) '92 and $1.3 million for
FY 93. The DOE is preparing a solicitation for publication in
the Commerce Business Daily in September 1993. The solicitation
package is currently under final internal review at the DOE. The
solicitation will ask for proposals for research projects that
will be funded 50 percent by the DOE and 50 percent by the
applicant.
39
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Paragraph Number and Subject: Sections 112(n)(3) and
(e)(5) Publicly Owned Treatment
Works (POTW) Air Toxics Study
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
Under section 112(n)(3), the
Administrator may conduct, in
cooperation with the owners and
operators of POTW's, a study to
characterize emissions of HAP's
from such facilities. Section
112(e)(5) requires promulgation of
an emission standard by November
15, 1995.
November 15, 1995
Not yet proposed
Not yet promulgated
November 15, 1995
Project Status
The objective of this study is to determine and characterize
emissions of HAP's from POTW's (including related wastewater
collection systems), and, if necessary, develop MACT standards
for POTW's. The study may include a review of current literature
and research, sampling of emissions, modeling and risk
assessment, consultation with POTW management authorities, and
evaluation of control technologies.
A literature review of existing reports and papers on toxic
emissions from POTW's has been completed. Existing data bases
such as EPA's National Emissions Data System (NEDS) Survey, the
EPA Permit Compliance System, and the Toxics Release Inventory
(TRI) have been screened as well to obtain data that will be
useful in this study. Characterization of HAP's discharged to
POTW's from industry is ongoing; additional work is needed to
characterize commercial and residential contributions of HAP's to
POTW's. Interested POTW management authorities, professional
groups, and experts in the field of POTW air emissions are being
apprised of the progress of the study; they will be encouraged to
provide their input and insight as the study develops.
Upon collection of data, model POTW's and model influent
waste streams will be developed to determine whether POTW's are
major sources of HAP's. If it is likely that significant numbers
of POTW's are major sources, selection of control methods is a
40
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key consideration. Add-on controls and modifications to
treatment processes would be costly, and control of emissions
from the municipal collection system would be problematic.
Another consideration is whether or not existing pretreatment
standards/ or the industrial wastewater treatment requirements of
upcoming MACT standards are sufficient to reduce emissions from
POTW's.
A draft document describing the model plants development and
summarizing the emissions estimates and control techniques will
be available for public review and comment in October 1993. A
public meeting is also planned for late 1993 - early 1994 to
further facilitate public input. After consideration of public
comments, a decision to continue or discontinue standards
development will be made.
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Paragraph Number and Subject: Section 112(n)(5)
Study
Hydrogen Sulfide
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
The EPA is required to assess the
hazards to public health and the
environment resulting from the
emission of hydrogen sulfide
associated with the extraction of
oil and natural gas. This study
shall include a review of existing
State and industry control
standards, techniques, and
enforcement. The EPA shall, as
appropriate, develop and implement
a control strategy for emissions of
hydrogen sulfide to protect human
health and the environment.
November 15, 1992
Not applicable
Not applicable
October 30, 1993 (by Court Order)
Project Status
The EPA's Office of Air Quality Planning and Standards
(OAQPS) and the Chemical Emergency Preparedness and Prevention
Office (CEPPO) have been working together to jointly produce the
Report to Congress. The study focuses on accidental and routine
releases. Topics include an overview on hydrogen sulfide in the
oil and natural gas production industry, a hazard assessment
dealing primarily with accidental releases, and findings/
recommendations. The study reflects input from affected industry
groups, environmental organizations, State and local agencies,
and other EPA and Federal government organizations. The study is
on schedule to meet the court-ordered deadline.
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Paragraph Number and Subject: Section 112(n)(6) Hydrofluoric
Acid Study
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
The EPA is required to submit a
report to Congress on the
commercial and industrial uses of
hydrofluoric acid and potential
hazards to public health and the
environment.
November 15, 1992
Not applicable
Not applicable
September 30, 1993 (by Court order)
Project Status
"he hydrofluoric acid study is currently in the final draft
stage with latest efforts directed at finalizing findings and
recommendations. Work has progressed beyond the due date because
issues raised during a review by the EPA's Science Advisory Board
(SAB) are being addressed. These include modeling of
hydrofluoric acid releases and selection of worst-case release
scenarios.
The study reflects input from stakeholders in industry,
labor organizations, academia, environmental organizations,
government, and trade organizations. Affected industries include
chemicals and petroleum refining. Major issues addressed in the
report are the uses of hydrofluoric acid, chemical and physical
hazards of hydrofluoric acid, accident histories, choice of
accidental release scenarios, and atmospheric dispersion modeling
of dense vapor clouds.
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Paragraph Number and Subject: Section 112(o)
Sciences Study
National Academy of
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
The National Academy of Sciences
(NAS) is directed to review the
risk assessment methodology used to
determine the carcinogenic risk and
improvements in such methodology.
The NAS will also, "to the extent
practicable," evaluate the
methodology for assessing the risks
of adverse human health effects
other than cancer
May 1993
Not applicable
Not applicable
October 1993
Project Status
The NAS held bimonthly meetings beginning in October 1991,
and the EPA provided information for each meeting. For example,
the EPA provided information of how the air toxics problem was
defined, how regulatory case studies were conducted, and how the
EPA did quantitative risk assessments. For later meetings, the
EPA was asked about the requirements of the CAA, the state of
existing data on the HAP's, and the communication of risk
information to managers. The EPA also provided information on
emissions, dispersion, and exposure models and the techniques
used to validate them.
Project Highlights:
The EPA provided two documents with answers to nine
specific questions asked by the NAS. These documents
were provided for the NAS' March 1992 meeting.
The EPA presented the details of its modeling approach
for assessing health risk at the NAS' meeting on
September 30, 1992.
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Paragraph Number and Subject: Section 112(p) Mickey Leland Urban
Air Toxics Center
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Completion Date:
The EPA must oversee the
establishment of the Mickey Leland
National Urban Air Toxics
Research Center. The center must
have a Board of Directors and a
Science Advisory Panel and should
be established and funded with
Federal and private source funds.
Not applicable
Not applicable
Not applicable
Not applicable
Project Status
The Mickey Leland National Urban Air Toxics Research Center
has been established and received $300,000 in funding. A
scientific advisory panel has also been established for the
Center. This panel is composed of experts from the scientific
and medical fields and represents universities, medical centers,
government agencies, and private industry. The panel's first
meeting was held on November 23, 1992 to discuss potential areas
of focus within the scope of air toxics. The center has
solicited requests for grant proposals for research projects
focused on the effects of toxics on human populations. Grant
proposals will be accepted for 3-5 years.
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4.5 TECHNICAL ASSISTANCE
National Air Toxics Information Clearinghouse
Control Technology Center
Air Risk Information Support Center
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Paragraph Number and Subject: Section 112(1)(3)
Assistance
Technical
Statutory Requirements:
Due Date:
Proposal Date:
Promulgation Date:
Projected Promulgation Date:
The EPA must maintain an air toxics
clearinghouse and centers to
provide technical information and
assistance to State and local
agencies and, on a cost
recovery basis, to others on
control technology/ health and
ecological risk assessment, risk
analysis, ambient monitoring and
modeling/ and emissions measurement
and monitoring.
Not applicable
Not applicable
Not applicable
Not applicable
Project Status:
The EPA currently operates five clearinghouses and
information centers covering section 112(1)(3) technical
assistance. The five are: the Emissions Measurement Technical
Information Center (EMTIC)/ the Ambient Monitoring Technical
Information Center (AMTIC), the National Air Toxics Information
Clearinghouse (NATICH)/ the Air Risk Information Support Center
(Air RISC), and the Control Technology Center (CTC). The latter
three are specific to air toxics and are described here.
NATICH
The NATICH was established in 1984 as a cooperative effort
by the EPA/ the State and Territorial Air Pollution Program
Administrators, and the Association of Local Air Pollution
Control Officials. Information on data and activities related to
air toxics is collected from State and local agencies and the EPA
and is made available to the public on the NATICH data base.
Components of the NATICH include a computerized data base that
resides on the OAQPS Technology Transfer Network (TTN), a
bimonthly newsletter/ a telephone helpline/ and various
publications/ such as a bibliography and special reports on risk
assessment issues. The NATICH data base contains information on
air toxics regulatory programs from 79 State and local agencies.
Since passage of the CAA, the NATICH has expanded its
Bulletin Board System (NATICH BBS)/ the data base component of
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the clearinghouse. It now includes the NATICH Newsletter, a list
of annual publications from the EPA's Health Effects Research
Laboratory, and files from the TRI data base. In the future, the
NATICH BBS will also include information pertinent to Title III
of the CAA, such as the Source Category List, the list of 189
HAP's, and the lists of chemicals to be regulated for accidental
release under section 112(r). Since enactment of the CAA, the
NATICH hotline has received over 1,200 calls and the database of
State and local air toxics information was accessed more than
5,400 times.
Air RISC
The Air Risk Information Support Center (Air RISC) was
established in 1988 to assist State and local agencies, the EPA
Regional offices and the public with questions concerning risk,
exposure and health assessment of air toxics. The Air RISC's
primary aim is to serve as a focal point for providing health
effects information and, where needed, offer assistance in the
review and interpretation of that information. Primarily through
the operation of an EPA-staffed hotline, the Air RISC has
responded to over 3,500 requests for assistance since 1988. The
demand for the Air RISC's services has grown dramatically in
recent years; the average number of requests received prior to
enactment in 1990 was approximately 600 per year, whereas it
presently averages over 900. Since passage of the CAA, the Air
RISC has extended its services to include all air pollutants
rather than just air toxics.
CTC
In 1986, the CTC began providing emission and control
technology assistance in response to the EPA's strategy to reduce
public exposure to toxic pollutants in the ambient air. The CTC
provides ready access to EPA information and expertise by
drawing on professional staff from the ORD and the OAQPS. Over
the last 6 years, the CTC has expanded its scope to address
changing emission source and control technology needs associated
with both toxic and criteria pollutants. The CTC services and
products are available at no cost to State and local agency and
the EPA regional office staff. Others may use the CTC services,
but some services may be available only on a cost reimbursable
basis.
The CTC services were accessed over 15,000 times in fiscal
year 92. These services include: The CTC Hotline for rapid
response; Engineering Assistance and Technical Guidance Projects
to provide in-depth analysis of specific problems or general
technical guidance on questions of national or regional interest;
copies of CTC reports, products, and software; access to the
Federal Small Business Assistance Program; Technology Transfer
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Center; information on and access to the RACT/BACT/LAER
Clearinghouse Information System (BLIS); and electronic bulletin
board system (BBS) access to all services via the CTC BBS. Both
BLIS and the CTC BBS are maintained and operated by the CTC and
are located on the OAQPS TTN.
In early 1992, the CTC became the focal point for
coordination of efforts among the four EPA information centers
participating in the Federal Small Business Assistance Program.
This program provides support primarily to the State small
business assistance programs required under Section 507 of the
CAA. Assistance provided by this program includes information on
Federal air pollution standards, air pollution control
technologies, air emission testing and monitoring methods/
accidental chemical release prevention, hazardous chemical
emergency planning, and pollution prevention methods.
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5.0 EPA Regional Office Activities
Since passage of the CAA in November 1990, the EPA Regional
Offices have placed high priority on working with the EPA program
offices and State and local agencies to implement the new
provisions. They have been participating on many of the EPA work
groups to aid in the development of emission standards as well as
infrastructure and implementation programs that are required
under section 112. They are also working with the States to help
them prepare to implement and enforce these new provisions.
While the Regions have been involved in numerous section 112
activities, they have been most active in the Early Reductions
Program, State Program Development, the Accidental Release
Program, the Area Source Program, and MACT Standards Development.
Early Reductions Program
In fiscal year 1991/1992, the Regions undertook an
aggressive outreach program to encourage industries to
participate in the Early Reductions Program. These efforts
included presentations made at industry trade group meetings and
seminars (e.g., chemical/SOCMI, pharmaceutical, and
electroplating facilities), meetings convened with specific
industries, and meetings held with State counterparts to garner
support for this program. The Regions have also been contacting
potential applicants by mailing informative materials, such as
summaries of the rule and guidance documents, to industries who
operate major toxic sources, and inviting them to participate in
this program. They have also worked with States to encourage
them to contact potential applicants. These efforts have helped
to make the Early Reductions Program very successful. Although
most of the outreach was aimed at industries who would be
affected by the early MACT standards (e.g., SOCMI) other
industries have applied to the program as well, such as petroleum
refiners, polymers and resin facilities, ethylene oxide
sterilizer facilities, and a paper producing facility.
State Program .Development
Over the past 2 years, the Regions have been reinforcing
their State partnerships by providing regular guidance through
meetings and frequent written updates on the CAA activities.
They have also been coordinating implementation activities with
the State counterparts. Through the section 105 Air Grant
Program, the Regions have provided funds for States to begin
developing their delegation plans for section 112 provisions.
They have also analyzed the States' air toxics programs and their
legislative authorities to determine if they have proper
legislative authority to implement the provisions of the CAA.
The legal and permitting staffs of the Regional Offices have been
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coordinating with individual States as they prepare their
operating permits submittals to ensure that all of the section
112 requirements are included. Some Regions have developed
guidance documents for the States as well. These documents
explain what steps States must take to implement the Title III
requirements, what requirements must be met, and how the States
can proceed towards meeting them.
The Regions have also been very active in development of the
section 112(1) State Programs regulation. In 1992, Region V
hosted an EPA workshop in Chicago, during which experienced
Federal, State, and local agency staff met to discuss and resolve
issues. These efforts were helpful in the development of the
framework for this rule.
Section 112(r) Accidental Release Program
Several Regions have instituted section 112(r)
implementation work groups to develop a best approach for
implementing the "prevention of accidental releases" provisions
in their respective region. Participation in these work groups
has enabled these offices to open multiple lines of communication
with government agencies, such as the OSHA, State air programs,
and State Emergency Response Commissions, as well as Local
Emergency Planning Committees. This has also enhanced
communication between the regions and other EPA offices.
Once the accidental release provisions are promulgated,
State and local groups that deal with accidental releases, but
are not a part of traditional air pollution control programs
(i.e., State emergency response commissions, local emergency
planning committees, and State police) will have to coordinate
with State agencies to implement the new provisions. Many of
these groups will not be familiar with air programs; therefore,
the Regional Offices and State agencies have been holding
meetings to begin identifying problems that may arise in
implementation of the Accidental Release program.
Section 112(k) Area Source Program
Three Regions have worked closely with State and local
agencies to initiate projects to study urban air toxics problems
to support development of a national strategy and mitigation of
urban air toxics emissions as required under section 112(k). The
purposes of these projects will be to develop emissions
inventories, characterize urban air toxics, study potential
adverse health effects of these pollutants, and evaluate
mitigation techniques.
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Section 112(d) MACT Standards
The Regional Offices are also very active on section 112(d)
MACT standards work groups. They participate in the meetings and
provide expertise for the subject source categories. Often, they
are able to provide insight based on practical experience in
dealing with facilities in a particular source category.
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6.0 State Activities
Many State and local air pollution control agencies
established air toxics control programs during the 1980's. This
was due to a number of reasons including public concern about
exposure to toxic air pollutants and frustration over a lack of
progress by the EPA in promulgating NESHAP's under section 112 of
the CAA as amended in 1977. State and local air toxics programs
vary in scope, with respect to pollutants regulated, coverage for
new versus existing sources, informal guidelines versus
regulations, and health-based benchmarks versus technology-based
standards. Regardless of the type of program, each State at
least covers new sources of air toxics and approximately 20 State
agencies control emissions from existing sources.
Since passage of the CAA, the States' major concern is how
to best integrate their existing programs with the new Federal
program that will include the many regulations required by the
amended section 112. State and local air pollution control
agencies have demonstrated their interest by agreeing to serve on
the EPA work groups as advisory members. This has resulted in
representation of the State and local perspective in over 40
rulemaking activities to implement section 112.
In addition to representation on work groups to develop
emission standards under section 112(d), State and local agencies
have provided extensive input into the development of the
following Federal rules: the Early Reduction Program
(section 112(i)(5)), the Modifications Program (section 112(g)),
the State Program Guidance (section 112(1)), and the Title V
Permit Program (40 CFR Part 70) under the new CAA. A few of
their activities are highlighted below.
For the past 2 years, State agencies have been
developing regulations that will enable them to
implement the provisions of the CAA. The number and
complexity of new rules needed by each State depends on
the legal authority that exists under State statutes,
regulations, and other laws. Examples of State actions
under development include regulations that will govern
the Title V Permit Program and incorporate Title III
provisions into existing State programs.
The States have been very active in the Early
Reductions Program. They are informing industries
about the program, identifying qualified candidates,
and reviewing submittals for enforceable commitments
from interested companies.
State agencies are also preparing for the permit
program by identifying the major sources of HAP
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emissions in their States to determine which sources
will be covered by the permit program and what their
permit fees will be.
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ACRONYMS
CAA Clean Air Act Amendments of 1990
EPA Environmental Protection Agency
OAQPS Office of Air Quality Planning and Standards
HAP's Hazardous Air Pollutants
MACT Maximum Achievable Control Technology
NESHAP National Emissions Standard for Hazardous Air
Pollutants
HON Hazardous Organic NESHAP
OMB Office of Management and Budget
RACT Reasonably Available Control Technology
BACT Best Available Control Technology
LAER Lowest Achievable Emission Rate
GACT Generally Available Control Technology
OSHA Occupational Safety and Health Administration
SOCMI Synthetic Organic Chemical Manufacturing Industry
NAS National Academy of Sciences
ORD Office of Research and Development
EPRI Electric Power Research Institute
DOE Department of Energy
NIEHS National Institute of Environmental Health
Sciences
CEPPO Chemical Emergency Preparedness and Prevention
Office
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