C.l
&EPA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park, NC 27711
EPA-450/2-91-009
February 1992
Air
STATUS OF
SELECTED AIR
POLLUTION CONTROL
PROGRAMS --
FEBRUARY 1992
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STATUS OF SELECTED
AIR POLLUTION CONTROL PROGRAMS
FEBRUARY 1992
U.S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Research Triangle Park, NC 27711
U.S. Environment?! P:">?'!on Agency
Region 5, Libra;-',, .":: ; ' '
77 West Jackson ;..- • - :, r.^,
Chicago, IL 60604-^. j'
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INTRODUCTION
This collection of status reports has been prepared in order
to provide a timely summary of selected EPA air pollution control
activities to those individuals who are involved with the
implementation of these programs. Persons with general questions
or those who wish to receive additional copies of this report may
contact Denise Gerth, Office of Air Quality Planning and
Standards, Environmental Protection Agency (MD-15), Research
Triangle Park, NC 27711, telephone number (919) 541-5550 or FTS
629-5550. Persons with specific questions on particular program
activities are requested to call the contact person shown on the
individual status report.
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TABLE OF CONTENTS
INTRODUCTION
Page
TITLE I - NONATTAINMENT
Ozone/Carbon Monoxide (CO)
Northeast Ozone Transport Commission 1
Discretionary Sanctions Criteria Rulemaking 3
Reasonably Available Control
Technology (RACT) Fix-Ups 4
Outer Continental Shelf (OCS) Rules 5
Title I General Preamble 6
Ozone/Volatile Organic Compounds (VOC)/Nitrogen
Oxides (NO^) Enhanced Monitoring 8
Significant Stationary Sources of CO 9
Joint Environmental Protection Agency (EPA)/National
Academy of Sciences (NAS) Report on Ozone and
Precursors 10
Regional Ozone Modeling/Urban Ozone Modeling 11
Carbon Monoxide (CO)/Vo.".atile Organic Compounds (VOC)/
Nitrogen Oxides (NOX) Emmission Inventory 13
Mobile Sources
Motor Vehicle Inspection and Maintenance (I/M) 15
Transportation Conformity 17
Mobile Source Modeling 19
Adoption of California Vehicle Standards 23
Particulate Matter Nominally 10M and
less (PM-10). Sulfur Dioxide (SO-,) and Lead
Technical Guidance for PM-10 Reasonably and
/Best Available Control Measures 24
Guidance on PM-10 and Lead Emission Inventories 26
Surface Coal Mine Studies 27
New Source Review (NSR)
New Source Review (NSR) Program 28
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Economics
Cost-Effectiveness Guidance 30
Economic Incentive Program Rules 31
Innovative Regulatory Strategies Program 32
Emission Standards
Reasonably Available Control Technology (RACT)/Best
Available Control Technology (BACT)/Lowest Achievable
Emissions Rate (LAER) Clearinghouse 33
New Source Performance Standards (NSPS) and Emission
Guidelines for Municipal Solid Waste Landfills 35
New Source Performance Standards (NSPS) for Synthetic
Organic Chemical Manufacturing Industry Reactor
Processes 37
Tank Marine Vessel Standards 39
Control Technology Guidelines for Volatile Organic
Compounds (VOC) Emissions 4(3
Best Available Control Technology Measures (BACM)
Documents for Plywood, Particleboard, Waferboard,
and Lumber Manufacturing 43
Nitrogen Oxides (NOX) Alternative Control Techniques
(ACT) Document 45
Best Available Control Technology Measures (BACM)
Documents for Aluminum and Ferrous (Gray Iron and
Steel) Foundries 46
Background Best Available Control Technology
Measures (BACM) Documents for Secondary Aluminum
Plants 48
Report to Congress on Consumer and Commercial Products 50
Indian Activity
Tribal Treatment as State (TAS) Regulation 53
Tribal Implementation Plan (TIP) Guidance 54
TITLE II - MOBILE SOURCES
Motor Vehicle Antitampering 55
Motor Vehicle Emissions Warranties 56
Fuel Volatility Enforcement 58
Tampering Enforcement 60
Stage II and Onboard Vapor Recovery 62
Oxygenated Fuels 64
Tier 1 Motor Vehicle Emission Standards 66
Certification Short Test for Motor Vehicles 67
Nonroad Engines and Vehicles 68
ii
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Page
TITLE II - MOBILE SOURCES rCQNT.1
Federal Test Procedure Study 69
Alternative Motor Vehicle Durability Program 70
Onboard Diagnostics (OBD) for Motor Vehicles 71
Cold Temperature Motor Vehicle Carbon Monoxide (CO)
Emissions 72
Mobile Source Air Toxics Activities 73
Motor Vehicle Recall Program 74
Motor Vehicle Assembly Line Testing 75
Reformulated Gasoline 76
California Pilot Test Program and Light-Duty Clean
Fuel Vehicle Standards 78
Improved Vehicle Evaporative Emission Control 79
Urban Bus Regulations/Heavy Duty Nitrogen Oxides (NO^)
Standard 80
Diesel Fuel Quality 81
TITLE III - AIR TOXICS
Control Technology Center Federal Small Business
Assistance Program 83
Comprehensive Asbestos Maximum Achievable Control
Technology (MACT) Standards 87
Chromium Electroplating Maximum Achievable Control
Technology Standards 89
Coke Oven MACT Standards 90
Dry Cleaning National Emission Standard for
Hazardous Air Pollutants (NESHAP) 91
Hazardous Organic NESHAP 92
Early Reductions Program 93
Municipal Solid Waste Combustors 94
Source Category List/Schedule for Standards 95
Medical Waste Incinerators 96
Lesser Quantity Emission Rates 98
Atmospheric Deposition to Great Lakes and
Coastal Waters 100
Modification Provisions 102
Air Risk Information Support Center (Air RISC) 104
Pollutant Petition Procedures 106
National Air Toxics Information Clearinghouse 107
111
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Page
TITLE IV - ACID RAIN
Acid Rain Implementation Overview 109
Acid Rain Implementation - Continuous Emissions
Monitoring (GEM) Ill
Acid Rain Implementation - Permits 112
Acid Rain Implementation - Allowance System 113
Acid Rain Implementation - Excess Emissions 115
Acid Rain Implementation - Nitrogen Oxides (NOX)
Controls 116
Acid Rain Implementation - Opt-In Rule 117
U.S.-Canada Bilateral Air Quality Agreement 118
TITLE V - PERMITS
Federal and State Operating Permits Regulations 120
Model Operating Permits for Sources of PM-10 Emissions 122
AIRS Facility Subsystem (AFS) Permitting Enhancements 124
State Small Business Stationary Source Technical and
Environmental Compliance Assistance Program (SBAP) 126
TITLE VI - Chlorofluorocarbons (CFC's)
Ban of Nonessential Uses 127
Labeling 128
Servicing of Motor Vehicle Air Conditioners 129
Chlorofluorocarbons (CFC's) Phaseout 130
National Recycling and Emissions Reduction Program 132
Safe Alternatives Program (SAF) 133
TITLE VII - ENFORCEMENT
Monetary Awards Rule 134
Administrative Penalties Rules of Practice 135
Field Citation Regulations 136
Rules for Citizens' Suits 137
Contractor Listing Regulation Amendments Work Group
40 CFR Part 51 138
Compliance Certification Rulemaking 139
TITLE VIII - MISCELLANEOUS
Impact Study on Visibility 140
Transport Commissions and Navajo Rulemaking 141
IV
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Page
OTHER PROGRAMS
Emission Factor Review 144
U.S.-Mexico Border Air Quality Studies 146
Quality Assurance Audit Requirements for
Emission Testing 149
Area and Mobile Source Subsystem (AMS) 150
Statewide Submittal of Annual Point Source
Emission Data 152
Guideline on Air Quality Models 154
Office of Air Quality Planning and Standards7 (OAQPS')
Technology Transfer Network 155
Air Pollution Training Institute 156
Status of the Review and Revision of Ambient Air
Standards 158
Indoor Air Program 161
Air/Superfund Coordination Program 165
Radionuclide - National Emission Standards 167
Radon Action Program 169
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NORTHEAST OZONE TRANSPORT COMMISSION
Background
Section 184 of the Clean Air Act (Act) establishes an ozone
transport region in the Northeast extending from the Washington,
D.C., metropolitan area up to and including the State of Maine.
The Act also establishes a Commission for this area composed of
the Governors (or their designees), State air pollution control
officials (appointed by the Governors), the Administrator (or his
designee), and the Environmental Protection Agency's (EPA)
Regional Administrators (or their designees). (The Administrator
and Regional Administrators are nonvoting members.)
The Administrator was required to convene the Commission by
May 15, 1991. The Commission's basic charge is to assess ozone
transport in the region, assess strategies for mitigating
transport impacts, and recommend to the Administrator additional
measures needed to solve the interstate transport problems.
Current Status
The first meeting of the Commission was held on May 7, 1991
in New York City. This meeting followed several weeks of
discussions among States and EPA that were aimed at identifying
administrative and organizational issues related to the
establishment and operation of the Commission. These early
disv^ussions allowed th= members of the Commission to begin
developing the structure and procedures of the Commission and to
start discussing many important ozone transport issues at the
May 7 meeting. The Commission elected an interim chair to serve
until formal bylaws could be developed and adopted, and the
Commission established five committees to begin investigating
important issues related to the organization of the Commission
and possible control strategies that might be needed in the
Northeast.
The Commission held its second meeting on July 16, 1991 in
Boston. The Commission formally adopted its bylaws and discussed
possible actions regarding the California low emitting vehicle
(LEV) program, early adoption of operating permit programs,
guidance on enhanced inspection and maintenance programs, and
various committee functions. Some of the Northeast States are
already in the early stages of studying or adopting the LEV
program, and other States on the Commission have agreed to
consider such programs.
Future Milestones
The committees (stationary source strategies, mobile source
strategies, modeling management, bylaws and organizational, and
communications) will continue to meet on issues related to
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NORTHEAST OZONE TRANSPORT COMMISSION (CONTINUED)
their charges. The Commission is also proceeding to establish
the position of executive director, who will help facilitate the
many Commission activities.
EPA Contact Person
David Johnson (919) 541-5354
(FTS) 629-5354
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DISCRETIONARY SANCTIONS CRITERIA RULEMAKING
Background
Section 179 of the Clean Air Act (Act) establishes mandatory
sanctions the Environmental Protection Agency (EPA) must apply
when it makes a finding, disapproval, or determination that a
requirement of the Act has not been met. Section 110(m) provides
the Administrator the discretion to apply the highway and offset
sanctions in section 179 on a shorter timetable (immediately),
over a larger area (attainment as well as nonattainment areas),
and for more types of deficiencies if he so desires. Section
110(m) limits this discretion in one situation: application of
discretionary sanctions on a statewide basis. Section 110(m)
directs EPA to promulgate criteria that the Agency will apply to
ensure that sanctions are not applied statewide where one or more
political subdivisions of the State are principally responsible
for the deficiency on which the sanction is based. This
rulemaking action would establish those criteria.
Current Status
The work group has completed a draft of the proposed
rulemaking.
Future Milestones
Spring 1992 is the target date for the proposal.
EPA Contact Person
Ted Creekmore (919) 541-5699
(FTS) 629-5699
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REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACTM FIX-UPS
Background
Section 182(a)(2)(A) of the Clean Air Act (Act) requires,
for areas designated nonattainment and classified as at least
marginal, that each State submit a revision to its plan to
correct or adopt RACT requirements that were required under
section 172(b) of the Act prior to enactment of the Act. This
requirement only applies to areas that were designated
nonattainment under section 107 prior to the Act. Newly-
designated areas were not previously subject to the requirements
of section 172(b). Areas in 31 States and the District of
Columbia were designated nonattainment and classified as at least
marginal by operation of law upon enactment.
These areas were required to submit corrections within
6 months of classification (i.e., by May 15, 1991). If the
Environmental Protection Agency (EPA) finds that a State did not
submit the required rules by the applicable deadline, one of the
sanctions listed in section 179(b) must be imposed unless the
RACT rules are submitted within 18 months after such a finding.
If the rules are not submitted within 6 months after the first
sanction goes into effect, the second sanction must be imposed.
Available sanctions are highway funding sanctions and 2 to 1
offsets. The EPA is also required to promulgate a Federal
implementation plan (FIP) within 2 years after a finding of
failure to submit a plan.
Current Status
Twenty of the 31 States required to submit RACT corrections
have submitted rules. The EPA will have to review these rules to
determine whether the deficiencies have been corrected. For the
remaining 11 States and the District of Columbia, EPA has
notified the States of the finding of failure to submit rules,
thus triggering the clock on sanctions and FIP's (see 56 FR
54554, October 22, 1991).
Future Milestones
The EPA plans to publish an advance notice of proposed
rulemaking proposing a set of model volatile organic compounds
RACT rules in early 1992.
EPA Contact Person
Laurel Schultz (919) 541-5511
(FTS) 629-5511
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OUTER CONTINENTAL SHELF COGS) RULES
Background
Section 801 of the Clean Air Act (Act) added a new section
328 which is titled: "Air Pollution from Outer Continental Shelf
Activities." Section 328 transferred responsibility for the
regulation of air pollution from OCS sources for all OCS planning
areas, except the western and central Gulf of Mexico OCS planning
areas, from the U.S. Department of Interior to the Environmental
Protection Agency (EPA). Sources located within 25 miles of a
State's seaward boundaries must comply with the same State/local
air pollution control requirements as would be applicable if the
source were located in the corresponding onshore area. Sources
located more than 25 miles from the seaward boundary of a State
boundary must comply with EPA air pollution control regulations.
To comply with the requirements of section 328, EPA is proposing
new regulations to control air pollution from OCS sources in
order to attain and maintain Federal and State ambient air
quality standards and to comply with the prevention of
significant deterioration provisions of the Act. The regulations
will require each owner or operator of a major new or modified
OCS source, affected by the regulations, to prepare one-time-only
construction permits before the owner or operator can begin
construction of the source. These regulations will be codified
as a new Part 55, Chapter I, Title 40 of the Code of Federal
Regulations.
Current Status
The proposed rule was published in the Federal Register on
December 5, 1991 (56 FR 63774).
Future Milestones
Publication of the final rule is now expected in May 1992.
EPA Contact Persons
Alison Bird National Coordinator (415) 744-1232
(FTS) 484-1232
Bill Johnson OAQPS Contact (919) 541-5245
(FTS) 629-5245
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TITLE I GENERAL PREAMBLE
Background
The General Preamble is being developed to describe the
Environmental Protection Agency's (EPA) policy and technical
judgments related to implementing Title I provisions, primarily
those concerning State implementation plan (SIP) submittals for
nonattainment areas. It will provide advice to the States and
other interested parties regarding what acceptable plan
submittals must contain. The General Preamble also will serve as
the basis for subseguent EPA approval or disapproval actions on
SIP submittals. The General Preamble is not a regulation, but
rather a notice of Agency policy. It does not supersede existing
State regulations or approved SIP's and does not constitute final
EPA action. The public will have an opportunity to comment on
the individual SIP's developed by the States as well as issues
addressed in the General Preamble as reflected in the SIP's.
The General Preamble discusses specific issues concerning
the interpretation of the Title I requirements for nonattainment
areas classified under Part D, Title I, as well as the treatment
of nonattainment areas that fall outside of the classification
schemes. While the Preamble focuses significant attention on
ozone and carbon monoxide (CO), it also discusses requirements
for the SIP submissions required for particulate matter, sulfur
dioxide, nitrogen dioxide, and lead nonattainment areas. In
addition, the General Preamble discusser interpretation issues
that have arisen concerning redesignations to attainment, general
SIP requirements under section 110, and EPA action on SIP
submissions, as well as the various types of possible State
failures to meet certain requirements and consequent sanctions.
The scope of the General Preamble is the first 6-year period
following enactment.
Current Status
On June 25 and 26, 1991, a public meeting was held in
Reston, Virginia, for the purpose of obtaining input from the
public and affected parties on issues related to the new
requirements for ozone and CO nonattainment areas and relating
how these issues are addressed in this document. Approximately
100 people attended the meeting, including representatives from
the State and local agencies, industry, and environmental groups.
The public was given the opportunity to submit written comments
through July 26, 1991.
Future Milestones
The EPA has reviewed the comments and is preparing responses
and revising the General Preamble to reflect these responses.
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TITLE I GENERAL PREAMBLE fCONTINUED^
The revised General Preamble is scheduled for publication in the
Federal Register in early 1992.
EPA Contact Person
Jill Vitas (919) 541-5313
(FTS) 629-5313
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OZONE/VOLATILE ORGANIC COMPOUNDS fVOCl/NITROGEN OXIDES fNO^I
ENHANCED MONITORING
Background
Title I of the Clean Air Act (Act) requires the enhanced
monitoring of ozone and ozone precursors since ozone continues to
constitute one of the most pervasive national air pollution
problems. Proposed regulations would modify the monitoring
requirements of 40 CFR Part 58 to obtain a more comprehensive and
representative data base on ozone and ozone formation. The rules
will enhance existing requirements for monitoring ozone and NO^,
and establish new requirements for monitoring VOC and
meteorological parameters. Both the enhanced monitoring and new
requirements will apply only to certain ozone nonattainment areas
designated as either serious, severe, or extreme. The rule will
address, among other things, the location, minimum number of
monitors per area, and the sampling frequency for each pollutant.
The rule will ensure national consistency and efficacy in the
operation of these enhanced monitoring networks.
Current Status
The draft rulemaking proposal package was reviewed by the
Environmental Protection Agency's Standing Air Monitoring Work
Group and by the informal work group established for development
and review of this package.
Future Milestones
The proposed rule is scheduled to be published in the
Federal Register during January 1992. Promulgation of the final
rule is scheduled for July 1992. Six months after promulgation,
or redesignation and reclassification of an area to serious,
severe, or extreme ozone nonattainment, the affected State will
need to submit an enhanced ozone monitoring network description,
including a schedule for implementation, to the Administrator.
One year after promulgation (or redesignation and
reclassification of an area to serious, severe, or extreme ozone
nonattainment), the affected States will need to have the first
site installed and operational. The complete, operational
network will be phased in over a period of 5 years.
EPA Contact Person
Geri Dorosz (919) 541-5492
(FTS) 629-5492
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SIGNIFICANT STATIONARY SOURCES OF CARBON MONOXIDE (CO)
Background
Section 187(c)(3) of the Clean Air Act (Act) of 1990
requires, within 6 months of enactment, guidance to be issued on
determining whether stationary sources contribute significantly
to CO levels in an area. The intent of this guidance is to allow
areas which are atypical, in that their CO problem comes largely
from stationary rather than mobile sources, to have a control
program more closely tailored to their needs. In such an area,
greater stationary control is warranted, while the programs for
control of mobile source emissions may not be appropriate or
necessary.
Current Status
A memorandum which contains the guidance for determining
whether stationary sources contribute significantly to CO levels
in an area was issued on May 13, 1991, from William G. Laxton,
Director, Technical Support Division, Office of Air Quality
Planning and Standards, to the Environmental Protection Agency's
(EPA's) Regional Office Air Division Directors. The Emission
Inventory/Modeling Sub-Work Group of the Act Title I Work Group,
which includes representatives from the Office of Air and
Radiation; EPA Regional Offices; the Office of General Counsel;
the Office of Planning, Policy and Evaluation; State air control
agencies; 4:he State ar.d Territorial Air Pollution Program
Administrators; and the Association of Local Air Pollution
Control Officials, had reviewed the draft guidance and their
comments were included in the final guidance memorandum.
The guidance states that the determination of whether
stationary sources contribute significantly to CO levels in an
area shall be accomplished by following the guidance and using
the dispersion modeling techniques contained in the Guideline on
Air Quality Models (Revised). If the results of dispersion
modeling of one or more stationary sources of CO in an area show
any concentration in ambient air that is in excess of the CO
national ambient air quality standards, then the area is consid-
ered to be an area where stationary sources contribute signifi-
cantly to CO levels.
EPA Contact Person
Tom Braverman (919) 541-5383
(FTS) 629-5383
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JOINT ENVIRONMENTAL PROTECTION AGENCY (EPAI/NATIONAL ACADEMY OF
SCIENCES fNASl REPORT ON OZONE AND PRECURSORS
Background
Section 185B of the 1990 Clean Air Act (Act) requires the
EPA and the NAS to prepare a joint report reflecting results of a
study on the role of ozone precursors in tropospheric ozone
formation and control. The EPA expects a draft of this report to
be available for public comment by March 15, 1992. A final
version is expected to be sent to Congress by June 15, 1992.
Current Status
The NAS study was released in mid-December 1991.
Future Milestones
The NAS report and additional information are being reviewed
by the EPA staff. The section 185B report will reflect EPA's
additional analyses as well as the findings of the NAS report.
EPA Contact Person
Rich Scheffe (919) 541-4650
(FTS) 629-4650
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REGIONAL OZONE MODELING/URBAN OZONE MODELING
Background
Regional ozone modeling is performed under contract for the
Environmental Protection Agency (EPA), Office of Air Quality
Planning and Standards (OAQPS), using the Regional Oxidant Model
(ROM). Simulations performed with ROM are achieved in the
Gridded Model Information Support System (GMISS). State agencies
may access ROM air quality data, meteorological inputs, and
biogenic emission estimates through the Urban Airshed Model (UAM)
subsystem of GMISS.
The UAM is required for use in interstate moderate ozone
nonattainment areas, as well as in more seriously polluted areas.
Either UAM or the Empirical Kinetic Modeling Approach may be used
in intrastate moderate areas.
Current Status
The ROM has been updated to version 2.2. Bench mark runs
have been completed to test whether ROM 2.2 performs
satisfactorily. Capabilities exist to perform regional modeling
east of longitude 99W (central Texas) and north of latitude 26N
(slightly north of Miami). Three domains (Northeast, Southeast,
Midwest) have been identified with this "Superdomain" to generate
information to support urban scale modeling efforts by the
States. Work has begun to construct emission scenarios for
several projection years corresponding with estimates of
nondiscretionary controls under the 1990 Clean Air Act (Act).
Scenarios are being coordinated with the States. Preliminary
coordination of proposed regulations and modeling protocols in
the Northeast, Southeast, and Midwest have been completed with
the EPA Regional Offices.
Users manuals have been completed for the UAM and for the
GMISS UAM subsystem. A series of five "hands-on" UAM workshops
have been held for States/EPA Regional Offices.
Future Milestones
Regional
o Coordinate and complete Regional modeling protocols for
the Northeast, Midwest, Southeast (winter 1991)
o Completed and archived preliminary nondiscretionary Act
scenarios for Northeast, Southeast, Midwest (fall 1991)
o Completed matrix for Southeast national policy analyses
(fall 1991)
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REGIONAL OZONE MODELING/URBAN OZONE MODELING (CONTINUED1
o Complete ROM base-case runs for episodes identified by
Regional Offices/States, as needed, for attainment
demonstrations (summer 1992)
Urban
o Issued UAM State implementation plan application
guidance (summer 1991)
o Developed framework for tracking/trouble-shooting
system, to assist States to stay on schedule (July
1991)
o Begin workshops/assistance to help the States develop
and implement urban modeling protocols (assistance
begins in fall and beyond)
o Distribute UAM performance evaluation system (March
1992)
o Distribute enhanced UAM emissions preprocessor system
(EPS) to assist the States in quality assuring data,
making EPS more user-friendly, and making simulation of
control strategies more flexible and less cumbersome
(May 1992)
o Distribute UAM quality assurance system (September
1992)
o Distribute GMISS, volume 3, model concentration data
retrieval subsystem (January 1992)
o Distribute improved UAM post-processing system to the
States [(including system to graphically display
comparisons between predictions and observations
(winter 1991)]
EPA Contact Persons
Norm Possiel Regional (919) 541-5692
(FTS) 629-5692
Ellen Baldridge Urban (919) 541-5684
(FTS) 629-5684
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CARBON MONOXIDE (COI/VOLATILE ORGANIC COMPOUNDS (VOCV/NITROGEN
OXIDES fNOxl EMISSION INVENTORY GUIDANCE
Background
Title I of the 1990 Clean Air Act (Act) requires emissions
inventories of VOC, NO^, and CO for establishing a baseline in
ozone nonattainment areas and inventories of CO emissions for CO
nonattainment areas. The requirements of Title I continue and
embellish many of the programs initiated under the previously-
proposed, post-1987 ozone/CO policy (52 FR 45044). The Act also
contains emission inventory development requirements that are new
or that supersede those contained in the previous proposed
policy.
Current Status
The following guidance has been developed to address the
changed and new requirements for emission inventories.
o Guidance for Initiating Ozone/Carbon Monoxide State
Implementation Plan Emission Inventories Pursuant to
the 1990 Clean Air Act Amendments - February 1991
o Emission Inventory Requirements for Ozone State
Implementation Plans - March 1991
o Emission Inventory Requirements for Carbon Monoxdde
State Implementation Plans - March 1991
o Procedures for the Preparation of Emission Inventories
for Carbon Monoxide and Precursors of Ozone, Volume 1:
General Guidance for Stationary Sources - May 1991
o Procedures for the Preparation of Emission Inventories
for Carbon Monoxide and Precursors of Ozone, Volume 2:
Emission Inventory Requirements for Photochemical Air
Quality Simulation Models - May 1991
o MOBILE4.1 Model [software and documentation being
issued by the Office of Mobile Sources (QMS)] -
July 1991
o Procedures for Emission Inventory Preparation,
Volume 4: Mobile Sources (being issued by QMS) -
July 1991
o Personal Computer Version of the Biogenic Emissions
Inventory System (PC-BEIS) with User's Guide -
July 1991
13
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CARBON MONOXIDE (CO1/VOLATILE ORGANIC COMPOUNDS (VOCWNITROGEN
OXIDES (NOxl EMISSION INVENTORY GUIDANCE (CONTINUED')
o Procedures for Preparing Emissions Projections -
July 1991
o Quality Review of Inventories - September 1991
Future Milestones
Emissions inventory guidance still being developed within
the first year of the passage of the Act.
Emissions Statements - due January 1992
Guidance for Reasonable Further Progress Tracking - due
February 1992 through May 1992
EPA Contact Person
Mary Ann Stewart (919) 541-4340
(FTS) 629-4340
The Office of Air Quality Planning and Standards' publications
can be obtained from the Environmental Protection Agency Library,
(919) 541-5514/(FTS) 629-5514. For Office of Mobile Sources'
publications, please contact Mark Wolcott, (313) 668-4219 (FTS)
374-8219.
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MOTOR VEHICLE INSPECTION AND MAINTENANCE CI/M1)
Background
The Clean Air Act Amendments (Act) give the Environmental
Protection Agency (EPA) and the States specific directions
regarding I/M programs. Section 182 deals with State
implementation plan submittal requirements for "basic" and
"enhanced" I/M programs. Currently there are 97 urban areas in
36 States with I/M programs.
Currently Operating I/M Programs
Centralized
Contractor
Operated
Arizona
Connecticut
Illinois
Indiana
Florida
Kentucky:
Louisville
Maryland
Minnesota
Ohio:
Cuyahoga
County
Tennessee:
Nashville
Washington:
Seattle
Spokane
Wisconsin
Centralized
State/Local
Operated
Delaware
District
of Columbia
New Jersey
Oregon
Tennessee:
Memphis
Decentralized
Computerized
Analyzers
Alaska:
Anchorage
Fairbanks
California
Colorado
Georgia
Massachusetts
Michigan
Missouri
Nevada
New Hampshire
New Mexico
New York
North Carolina
Pennsylvania
Texas:
Dallas
El Paso
Utah:
Salt Lake
Provo
Davis County
Virginia
Decentralized
Manual
Analyzers
Idaho
Rhode Island
Anti-
tampering
Only
Inspection
Kentucky
Cincinnati
suburbs
Louisiana
Ohio
Oklahoma
Texas:
Houston
Current Status
In April 1991, EPA published a draft guidance document for
both basic and enhanced I/M programs. The guidance was designed
to inform State I/M program officials in ozone and carbon
monoxide (CO) nonattainment areas of requirements in establishing
or revising I/M programs. A proposed rule is scheduled for
publication in the Federal Register in February 1992. One focus
of the guidance development process is the cost and benefit of
three new testing methods that appear to offer an opportunity to
15
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MOTOR VEHICLE INSPECTION AND MAINTENANCE fl/Ml fCONTINUED)
greatly increase the hydrocarbons, CO, and nitrogen oxide
emission reductions compared to conventional I/M: transient
tailpipe testing, fuel system pressure testing, and canister
purge flow testing.
EPA Contact Person
Eugene Tierney (313) 668-4456
(FTS) 374-8456
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TRANSPORTATION CONFORMITY
Statutory Requirement
The Clean Air Act requires that the Federal government shall
not support or approve any activity which does not conform to an
approved State implementation plan. No metropolitan planning
organization shall approve any transportation plan, program or
project which does not conform to the applicable implementation
plan. The assurance of conformity is an affirmative
responsibility of the Federal government agency.
EPA Deliverable
The Environmental Protection Agency (EPA) must publish
regulations, with the concurrence of the Department of
Transportation (DOT), which lay out the criteria and procedures
for determining conformity.
Current Status
The EPA is working with the DOT to develop a notice of
proposed rulemaking on the criteria and procedures. Interim
conformity guidance was published June 7, 1991.
TRANSPORTATION CONTROL MEASURES
4
Statutory Requirement
The States must project growth in travel and offset
emissions using transportation control measures as necessary.
Severe and extreme ozone areas must require employers of 100 or
more persons to reduce work-related trips.
EPA Deliverable
The EPA must produce guidance on forecasting vehicle miles
traveled (VMT) by May 15, 1991, and must issue updated
information on 16 broadly defined transportation control
categories by November 15, 1991. The EPA is also preparing
guidance for employer-based trip reduction strategies. A notice
of availability is scheduled to be published in the Federal
Register in late December of 1991.
Current Status
The VMT forecasting guidance has been drafted. Drafts of
the 16 information documents have been circulated to the
transportation and air quality planning communities for comment.
Draft guidance on the employer-based trip reduction program has
also been circulated for comment.
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TRANSPORTATION CONFORMITY (CONTINUED1
TRANSPORTATION/AIR QUALITY PLANNING GUIDELINES
EPA Deliverable
Within 9 months of enactment (August 15, 1991), EPA must
update the 1978 EPA/DOT guidelines on transportation/air quality
planning.
Current Status
The draft guidelines have been circulated for comment. A
notice of availability was published in the Federal Register in
August 1991.
EPA Contact Person
Jane Armstrong (313) 668-4471
(FTS) 374-8471
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MOBILE SOURCE MODELING
Background
Section 130 of the Clean Air Act (Act) calls for the
Environmental Protection Agency (EPA), within 6 months after
enactment, and at least every 3 years thereafter, to review and
revise as necessary the emission factors used to estimate the
emissions of carbon monoxide (CO), volatile organic compounds
(VOC), and oxides of nitrogen (NOX) from mobile sources. These
emission factors are embodied in what is known as the MOBILE
series of computer programs, the latest of which is MOBILE4.1.
The MOBILE4.1 is an integrated set of FORTRAN 77 routines for use
in the analysis of the air pollution impact of gasoline- and
diesel-fueled highway mobile sources. The MOBILE4.1 calculates
emission factors for gasoline light-duty vehicles, light-duty
trucks, heavy-duty trucks, and motorcycles; as well as diesel
light-duty vehicles, light duty trucks, and heavy-duty trucks.
Current Status
The MOBILE4.1 updates and supersedes MOBILE4. The MOBILE4.1
is to be used in the preparation of the motor vehicle portion of
all 1990 base year emission inventories reguired by the Act. The
MOBILE4.1 may also be used for projection year CO inventories.
Most of the revisions that have been made to the model
affect the emission factor estimates for all estimation years.
For example, the basic emission rates for 1981 and later model
year light-duty gasoline-fueled vehicles and trucks have been
updated using test results obtained since the release of
MOBILE4 in 1989.
The EPA's intent in developing MOBILE4.1 was to make all
revisions and updates that would assist in making the 1990 base
year emission factors, and hence mobile source inventories, as
accurate as was possible. Several new features were added to
MOBILE4.1. In addition, several other features were
significantly revised.
New Features
o Oxygenated fuels affect all gasoline-fueled vehicle
types in all model years. The model now handles the
effects of commingling oxygenated with nonoxygenated
gasoline fuels and the effect of fuel volatility
waivers for oxygenated fuels for each of the following
fuel types.
Gasohol - Gasoline blended with alcohol
19
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MOBILE SOURCE MODELING (CONTINUED")
Ether Blends - Gasoline blended with methyl
tertiary butyl ether (MTBE) or ethyl tertiary
butyl ether (ETBE)
Separate exhaust hydrocarbons (HC) emission factors are
now calculated for the following.
Total HC (THC)
Nonmethane Hydrocarbons (NMHC)
Nonmethane Organic Gases (NMOG)
VOC
Total Organic Gases (TOG)
Since MOBILE4 was developed to provide emission
factors for an entire urban area on a daily basis, and
since the photochemical grid models expected to be
used by several areas in developing their attainment
demonstrations require finer spatial and temporal
resolution, MOBILE4.1 prints evaporative emissions
separately by type.
Hot Soak (g/event)
Diurnal (g)
Crankcase (g/mi)
Running Losses (g/mi)
Refueling (g/gal)
Note: Emissions that occur during vehicle
refueling and, to a lesser extent, of
spillage losses.
Resting (g/hr)
Note: Resting loss emissions result from vapors
permeating parts of the evaporative emission
control system (rubber hoses, carbon canister).
New CO Standards
Tier I light duty vehicle (LDV) and light duty
truck (LOT) standards
Cold temperature LDV and LOT standards
Note: These cold temperature standards
represent the first time that tailpipe
emissions have been controlled at non-Federal test
procedure (FTP) conditions. (All emissions
reductions are assumed to come from the cold-start
portion of the FTP.)
20
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MOBILE SOURCE MODELING (CONTINUED^
Significantly Revised Features
o Vehicle fleet characteristics
Extended to 25 years mileage accumulation by age
distributions
Altered registration by model year distributions
to represent 1990 calendar year
Updated LDV and LOT dieselization rates
Varied vehicle mix by calendar year
o Incorporated pass/fail purge/pressure effects on
evaporative emissions
o Updated tampering emission rates to reflect new survey
data as well as account for the phaseout of leaded
fuel; in addition, localities are now allowed to use
local tampering rate where available
o Updated speed correction factors with new data on 1981
and later model year vehicles and new California Air
Resources Board and EPA data in the 48-65 mph test
range
The model was released for both IBM-class and Macintosh
personal computers. Both source and object code were provided
to EPA Regional Offices. An updated, stand-alone users guide,
as well as example input and output files, were also provided.
The model was released in late July 1991.
Future Milestones
The EPA intends to continue its work on updating and
improving the emission factor model. The next release, MOBILES,
is scheduled to be completed in the first half of the calendar
year 1992. The use of MOBILE5 will be required for the
development of most projection year VOC inventories.
The focus of MOBILES development will be on incorporating
future year requirements of the Act. Among the Act requirements
expected to be included are the Tier I exhaust standards and the
revisions to the evaporative emission test procedures. Other
influences on in-use emissions that are under consideration for
inclusion in the model are the effects of fuel sulfur content on
exhaust emissions, the effects of fuel oxygen content on exhaust
HC and NO,,, emissions, and the effects of reformulated gasolines
on all types of emissions (exhaust, evaporative, running loss,
and refueling).
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MOBILE SOURCE MODELING (CONTINUED)
EPA Contact Person
Lois Platte (313) 668-4306
(FTS) 374-8306
22
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ADOPTION OF CALIFORNIA VEHICLE STANDARDS
Background
Section 177 of the Clean Air Act (Act) allows any State with
State implementation plan (SIP) provisions approved under Part D
to adopt and enforce California motor vehicle emission standards
and take other actions that would otherwise be preempted by
section 209(a) if certain conditions are met. The conditions are
that States adopt standards: (1) identical to California's, (2)
for which a (section 209) waiver has been granted, and (3) with a
2-year minimum lead time.
Current Status
In November 1990, New York issued final regulations
adopting the California standards for model year 1993 and later
vehicles. These standards are essentially identical to the
Federal Tier I standards.
Several States, including New York, have expressed interest
in the adoption of the California Low Emission Vehicles (LEV)
standards which will begin to be phased-in in California in
model year 1994. The amount of progress and the level of
activity among these States varies greatly.
Future Milestones
The EPA has no specified role under section 177 in the
process by which States adopt California standards. The EPA will
continue to monitor section 177 adoption efforts and to answer
inquiries from parties involved in these efforts. Additionally,
EPA must review all requests for SIP credits allowed for adopting
California standards.
EPA Contact Persons
Robert Doyle (202) 260-8656
(FTS) 260-8656
Andy Brooks (202) 382-2491
(FTS) 382-2491
23
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TECHNICAL GUIDANCE FOR PM-1Q
REASONABLY AND BEST AVAILABLE CONTROL MEASURES
Background
Section 190 of the Clean Air Act (Act) requires EPA to
develop technical guidance on reasonably available control
measures (RACM) and best available control measures (BACM) for
three area source categories: residential wood combustion (RWC),
urban fugitive dust, and prescribed silvicultural and
agricultural burning. The Environmental Protection Agency (EPA)
is required to develop the guidance by May 15, 1992. Areas in
nonattainment for particulate matter nominally 10 micrometers or
less (PM-10) in size that are classified as moderate or serious
are required to adopt RACM and BACM, respectively, in their State
implementation plans (SIP's).
Current Status
To enable the States to develop their moderate area PM-10
SIP's which were due on November 15, 1991, EPA had to issue RACM
guidance prior to the statutory deadline. On April 2, 1991, EPA
issued a memorandum entitled "PM-10 Moderate Area SIP Guidance:
Final Staff Work Product" which cited four documents as
containing guidance on what are technically and economically
feasible measures. They are Guidance Document for Residential
Wood Combustion Emission Control Measures, Control of Open
Fugitive Dust Sources, Prescribed Firc> Smoke Management Guide,
and Prescribed Fire Plan Guide.
The EPA formed task forces to help with developing each of
the BACM guidance documents. The task forces7 membership
consists of the EPA core work group members, individuals
representing the affected sources, and non-EPA air quality
personnel who would be implementing BACM.
Future Milestones
The EPA is considering issuing a technical information
document (similar to a control techniques document), and a policy
guidance document for each of the three BACM projects. The
technical information documents will be available by the May 15,
1992 statutory deadline.
EPA Contact Persons
Chris Stoneman Residential Wood Combustion (919) 541-0823
(FTS) 629-0823
Robin Dunkins Urban Fugitive Dust (919) 541-5335
(FTS) 629-5335
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TECHNICAL GUIDANCE FOR PM-10
REASONABLY AND BEST AVAILABLE CONTROL MEASURES (CONTINUED1
Andy Smith Prescribed Burning (919) 541-5398
(FTS) 629-5398
Eric Ginsburg Overall RACM/BACM Development (919) 541-0877
(FTS) 629-0877
25
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GUIDANCE ON PM-10 AND LEAD EMISSION INVENTORIES
Background
The Clean Air Act (Act) established the requirements for
emission inventories in nonattainment areas for all criteria
pollutants, particulate matter nominally 10 micrometers or less
(PM-10), and lead [Title I, section 172 (c)(3)]. The Act
requires that a comprehensive, accurate, current inventory of
actual emissions be produced and periodically updated. Although
there is existing guidance for PM-10 inventories, this guidance
needs to be updated to conform to the Act and to take advantage
of recently developed inventory techniques and concepts.
Current Status
A contractor effort has been initiated to review existing
inventory guidance, including the considerable body of work done
in support of ozone and carbon monoxide, and the Act
requirements. When the review is completed, the contractor will
develop specific guidance for PM-10 and lead emission
inventories.
Future Milestones
A total of four emission inventory guidance documents will
be produced for PM-10 and lead by December 1991. These documents
are: (1) Emission Inventory Requirements for PM-10, (2) Emission
Inventory Requirements for Lead, (3) Emission Inventory
Procedures for PM-10 and Lead, (4) Quality Review Guidelines for
PM-10 and Lead Emission Inventories. These documents will fully
define for State and local agencies the information that needs to
be contained in their emission inventories, how to do the
emission inventories, and how the Environmental Protection Agency
will evaluate the emission inventories when they are submitted.
This set of documents will be used to develop and evaluate PM-10
and lead inventories due after November 1991.
EPA Contact Person
Bill Kuykendal (919) 541-5372
(FTS) 629-5372
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SURFACE COAL MINE STUDIES
Background
Section 234 of the 1990 Clean Air Act Amendments requires
the Environmental Protection Agency to review and revise, as
necessary, surface coal mining emission factors and air quality
models to ensure that neither the emission factors nor models
significantly over predict particulate matter emissions.
Current Status
Studies are currently under way to determine which emission
factors, if any, need to be revised and what emission testing
should be undertaken to revise factors. Similarly, studies are
under way to determine what changes, improvements or revisions
are needed for air quality models.
Future Milestones
Future activities will be to implement emission factor
and/or model development activities as indicated by current
studies.
EPA Contact Persons
Dennis R. Shipman Emission Factors (919) 541-5477
(FTS) 629-5477
Jawad S. Touma Air Quality Models (919) 541-5381
(FTS) 629-5381
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NEW SOURCE REVIEW fNSRl PROGRAM
Background
New major stationary sources of air pollution and major
modifications to major stationary sources are required by the
Clean Air Act (Act) to obtain an air pollution permit before
commencing construction. Permits for sources in attainment areas
are referred to as prevention of significant air quality
deterioration (PSD) permits, while permits for sources located in
nonattainment areas are referred to as nonattainment area (NAA)
permits. The current Federal NSR regulations implement the
requirements of the Act as codified at 40 CFR 51.165, 51.166, and
52.21.
The Act contains new nonattainment NSR provisions in Title I
while new PSD provisions are located throughout several different
titles. The Act makes many important changes to the requirements
for NSR permitting, therefore, the NSR regulations must be
revised by both the Environmental Protection Agency (EPA) and the
States to implement the new requirements. For example, for NSR
permitting in nonattainment areas there are new major stationary
source size thresholds, varying emissions offset ratios, and
nitrogen oxides requirements for ozone nonattainment areas. The
NSR requirements for ozone nonattainment areas also apply in
ozone transport regions. The PSD program changes include an
exemption from Federal PSD applicability for the hazardous air
pollutants listed under section 112(b)(l) and the extension of
PSD applicability to boundary changes at Class I areas.
Current Status
An EPA work group that includes representatives of State and
local agencies is developing rules to codify the NSR requirements
of the Act for federally-implemented NSR programs and for the
adoption of State implementation plans. The EPA is also
preparing guidance, for use by the States to develop their NSR
rules, that identifies the NSR program requirements as mandated
by Title I.
Future Milestones
The Federal rulemaking to implement the NSR-related
requirements of the Act is scheduled for proposal in June 1992
with promulgation expected in April 1993. The Act requires
States to include the new nonattainment NSR provisions in their
rules by May 15, 1992 for sulfur oxides and nitrogen dioxide
nonattainment areas; June 30, 1992 for PM-10 nonattainment areas;
November 15, 1992 for ozone nonattainment areas; and for most
carbon monoxide nonattainment areas no later than 3 years from
the date of the nonattainment designation. For the new NSR
28
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NEW SOURCE REVIEW fNSR^ PROGRAM (CONTINUED^
nonattainment requirements of Title I, the EPA intends to assist
the States in their NSR rule adoption by providing NSR program
guidance in the General Preamble for Implementing the Title I
Requirements, which is scheduled for publication in early 1992.
EPA Contact Person
Bill Lamason (919) 541-5374
(FTS) 629-5593
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COST-EFFECTIVENESS GUIDANCE
Background
Section 183(d) of the Clean Air Act (Act) requires that the
Environmental Protection Agency (EPA) issue guidance "... to
the States to be used in evaluating the relative cost-
effectiveness of various options for the control of emissions
from existing stationary sources of air pollutants which
contribute to nonattainment of the national ambient air quality
standards for ozone." In addition, the Agency has stated, as one
of its goals, that the implementation of the Act will rely
heavily on market-based principles. Developing control
strategies based on application of cost-effectiveness principles
is one example of applying market-based principles.
Current Status
The EPA plans to implement section 183(d) statutory
requirements by: (1) issuing a guidance document, and (2)
providing the analytical tools for implementation of the
guidance.
First, a guidance document was issued in December 1991 on
fundamentals, illustrations, applications of cost-effectiveness
in formulating control strategies, and a bibliography of cross
references used in preparing cor;t analysis and implementation of
cost-effectiveness analysis.
Second, the Agency, with contract support, will provide
software for installation on a personal computer, including
users' documentation for the State Emission Reduction and Cost
Model (ERCAM), to the Regional Offices to develop control
strategies for their own particular area.
Future Milestones
We are planning to present Regional Office workshops (at one
or two sites) in March 1992 to provide a tutorial on the State
ERCAM analytical tool for implementation of the cost-
effectiveness guidance. Present candidates for these workshops
are Atlanta and Chicago.
EPA Contact Person
Frank Bunyard (919) 541-5297
(FTS) 629-5297
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ECONOMIC INCENTIVE PROGRAM RULES
Background
The Clean Air Act (Act) mandates that States include
economic incentive programs in their plans upon certain milestone
and/or attainment failures in extreme ozone and serious carbon
monoxide nonattainment areas [sections 182(g)(5), 187(d)(3),
187(g)]. In addition, economic incentive programs are one of
three options required of States upon failure to meet a further
progress milestone in serious and severe ozone nonattainment
areas [section 182(g)(3)]. Under section 182(g)(4) of the Act,
the Environmental Protection Agency (EPA) is required to publish
rules to guide States in the development of such programs.
In addition, beyond mandated programs, the Act explicitly
allows for the use of economic incentive programs in the general
State implementation plan (SIP) provisions, in the provisions for
nonattainment SIP's, in the provisions for consumer/commercial
products rules, and in Federal implementation plans. The EPA
intends that the economic incentive program rules will serve as
guidance for these voluntary applications of economic incentives
as well as for the mandated applications.
Current Status
A work g:roup with broad participation has been formed,
including EPA, the Regions, and State and local agencies. Key
policy issues have been identified and are currently being
debated within the work group. A broad menu of economic
incentive strategies has been developed, with applicability to
stationary, area, and mobile sources.
Future Milestones
To encourage early public input on these rules, a public
meeting was held on October 8, 1991 to solicit public input on
the key policy issues which will guide rule development. These
public comments will be incorporated into the preamble and
program rules to be proposed in April 1992.
In conjunction with the program rules, model plan provisions
and guidance will also be developed. These model provisions will
highlight a few promising incentive strategies that could be
further developed by the States or that might be included in any
Federal implementation plans that may be required.
EPA Contact Person
Karen Martin (919) 541-5274
(FTS) 629-5274
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INNOVATIVE REGULATORY STRATEGIES PROGRAM
Background
The Environmental Protection Agency's (EPA's) Office of Air
Quality Planning and Standards (OAQPS) has initiated a broad,
long-range program to develop and demonstrate innovative
regulatory strategies. The primary focus is on strategies that
are potentially applicable for meeting ozone and carbon monoxide
reasonable further progress milestones. The program is intended
to promote the incorporation of such strategies into both
mandated and discretionary rules and guidance documents prepared
by EPA. A broader goal of the program is to encourage and
facilitate adoption of effective market-based strategies or other
innovative types of control by States through their State
implementation plans.
Current Status
This program wiLl focus on sponsoring a national workshop on
economic incentives and market-based strategies to be held on
January 15-17, 1992 in Washington, D.C. The workshop will
primarily be structured around a series of case studies, with
panel discussion groups to focus on dealing with the practical
implementation and enforcement issues associated with the
particular strategies highlighted in the case studies. Planning
and preparation for this workshop is now under way, with OAQPS
and EPA's Office of Policy, Planning, and Evaluation se::ving as
co-sponsors.
Future Milestones
Beyond the January 1992 workshop, activities will include
studies to further develop a broad range of innovative
strategies. This will include evaluating the applicability of
the strategies (as a function of air quality, source category,
administrative, and legal parameters); framing and addressing the
difficult administrative and enforcement issues associated with
implementing such strategies (beyond those issues addressed in
the 1992 workshop); designing "model programs" for the most
promising strategies; and participating with the States and local
agencies in developing and implementing demonstration projects.
EPA Contact Person
Karen Martin (919) 541-5274
(FTS) 629-5274
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REASONABLY AVAILABLE CONTROL TECHNOLOGY fRACTI/
BEST AVAILABLE CONTROL TECHNOLOGY (BACTV/
LOWEST ACHIEVABLE EMISSION RATE (LAER) CLEARINGHOUSE
Background
The RACT/BACT/LAER Clearinghouse was established to assist
State and local air pollution control agencies in selecting RACT,
BACT, and the LAER controls for new or modified sources in a
nationally consistent manner. The Clean Air Act (Act) added RACT
to the Clearinghouse. Prior to that time, it was called the
BACT/LAER Clearinghouse.
Goals and Objectives
The basic goals of the RACT/BACT/LAER Clearinghouse are to:
(1) provide State and local air pollution control agencies with
current information on case-by-case technology determinations
that are made nationwide, and (2) promote communication,
cooperation, and sharing of control technology information among
permitting agencies.
Current Status
- The RACT/BACT/LAER Information System (BLIS) is user-
friendly and available to all Clearinghouse users who have access
to a PC equipped with communication software and a modem. Menus
and help screens allow the user to search, view, and print
customized BLIS reports by entering the following command at the
"ready" prompt on the National Computer Center's (NCC) IBM
Computer.
EXEC * CONS.BLIS'
Direct commands using the system 2000 language can still be
made by selecting the appropriate menu option.
- The 1991 edition of the RACT/BACT/LAER Clearinghouse
publication is a supplement to the 1990 edition which was a
5-year compilation of data. This edition, RACT/BACT/LAER
Clearinghouse; A Compilation of Control Technology
Determinations, First Supplement to 1990 Edition (EPA 450/3-91-
015), was distributed to State and local air pollution control
agencies in August 1991. It includes all determinations entered
into the system since June 1990. Earlier determinations will
continue to be available through BLIS and in the 1985 and 1990
compilation documents. State and local agencies may acquire
additional copies free of charge by calling the Clearinghouse.
- A new form for submitting new determinations to the
Clearinghouse was introduced in the July 1990 publication.
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REASONABLY AVAILABLE CONTROL TECHNOLOGY fRACTl/
BEST AVAILABLE CONTROL TECHNOLOGY (BACTV/
LOWEST ACHIEVABLE EMISSION RATE fLAERl
CLEARINGHOUSE fCONTINUED^
Information on the number of control options considered and the
rank and cost effectiveness of the option selected have been
added along with other minor changes. This new form should be
used to submit new or revised determinations. If you need a copy
of the form, call the Clearinghouse.
- Due to changes; at the NCC, BLIS must be moved to a new
data base management system by FY 1993. As a result, the
Clearinghouse is implementing a 2-year program to accomplish this
change. Alternative hardware and software options are currently
being evaluated and &. new data base management system will be
selected by the end of FY 1991. The new system will be made
operational by mid-summer 1992. These changes provide the
opportunity to improve and expand BLIS to better serve our
clients. Suggestions and comments for improving BLIS are
welcome.
- The quarterly Control Technology Center CTC) News includes
timely information on BLIS and new source review issues. The CTC
News also addresses ci wide range of emission and control
technology issues.
EPA Contact Person
Joe Steigerwald (919) 541-2736
(FTS) 629-2736
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NEW SOURCE PERFORMANCE STANDARDS fNSPS) AND
EMISSION GUIDELINES FOR
MUNICIPAL SOLID WASTE LANDFILLS
Background
Eighty percent of the garbage generated in the United States
is disposed of in municipal solid waste (MSW) landfills. There
are over 6,000 MSW landfills currently operating in this country.
As garbage decomposes over time, these landfills will generate
air emissions of concern. Landfill gas emissions contain
nonmethane organic compounds (NMOC's) which contribute to ambient
ozone problems and are a source of air toxics; methane emissions
contribute to global climate change and can cause fires and
explosions at or near landfills.
The Environmental Protection Agency (EPA) proposed NSPS and
emission guidelines (EG) to control air emissions from MSW
landfills on May 17, 1991. The proposal was published in the
Federal Register on May 30, 1991 (56 FR 24468).
The proposal would require affected facilities [MSW
landfills equal or greater than 100,000 Mg (111,000 tons) in
design capacity and emitting 150 Mg/yr (167 tpy) of NMOC's] to
place an active gas collection system and an add-on control
device to control their landfill gas emissions. The basis of
regulation is an open flare, as cited in Title 40 of the Code of
Federal Regulations, section 60.18. Alternative control devices
such as gas turbines, internal combustion engines, and boilers
are allowed if they meet 98 percent destruction efficiency of
NMOC's or 20 ppmvd NMOC's at the outlet. A performance test for
alternative controls is required.
This is a major rule; the total cost of control is $240
million a year for existing landfills and $26 million for new
landfills constructed in the next 5 years. However, this is a
result of using flares as the basic control device. The EPA is
strongly encouraging energy recovery and there will be landfill
owners/operators who will be able to decrease their total costs
of control if they elect to use the alternative controls.
The EPA estimates about 9-10 percent of the currently
operating MSW landfills and about 9 percent of new landfills
constructed in the next 5 years will be affected by this rule,
many of which will be the large landfills. The EPA also
estimates that the proposal would achieve a 78 percent emission
reduction of NMOC's and a 52 percent emission reduction of
methane.
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NEW SOURCE PERFORMANCE STANDARDS (NSPS^ AND
EMISSION GUIDELINES FOR
MUNICIPAL SOLID WASTE LANDFILLS (CONTINUED^
Current Status
Comments received on the proposed rule are being considered
for promulgation.
Future Milestones
The current schedule calls for promulgation of the NSPS and
EG by October 1992
EPA Contact Persons
Fred Dimmick Regulatory/Policy Issues (919) 541-5625
(FTS) 629-5625
Mark Najarian Technical Issues (919) 541-5393
(FTS) 629-5393
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NEW SOURCE PERFORMANCE STANDARDS (NSPS1 FOR
SYNTHETIC ORGANIC CHEMICAL MANUFACTURING INDUSTRY (SOCMI1 -
REACTOR PROCESSES
Background
The SOCMI is a large source category that was ranked first
on the priority list of 59 source categories for which NSPS are
to be developed. Reactor processes comprise one of three SOCMI
process vent emission source categories for which the
Environmental Protection Agency (EPA) is developing standards
(the other two are air oxidation processes and distillation
operations). Final NSPS for SOCMI air oxidation and distillation
operations were promulgated on June 29, 1990, and the NSPS for
reactor processes was proposed on the same date.
The scope of the NSPS for reactor processes would apply to
reactor processes producing any of a designated list of 173 high
production volume chemicals. The volatile organic compounds
(VOC) emissions from these chemicals are estimated to account for
90 percent of total VOC emitted by reactor processes. The NSPS
is projected to reduce VOC emissions by about 2,100 mega grams
per year in the fifth year after proposal.
The standards would require VOC emissions from reactor
processes to be combusted by 98 weight-percent or to 20 parts per
million by volume (ppmv), whichever is less stringent. The
propose I standards, however, are purposely structured with i
cutoff referred to as a total resource effectiveness (TRE) to
encourage VOC emission reduction through relatively inexpensive
process changes of reactor process operations and to require only
those plants which can reduce VOC cost effectively to control
their VOC emissions. Only those affected facilities with a TRE
value of 1.0 or less would be required to combust their VOC
emissions by 98 weight-percent or to 20 ppmv. Alternatively, an
owner or operator could maintain the TRE of an affected vent
stream above 1.0 by improving the product recovery efficiency of
the stream and not have to install combustion control.
Current Status
The NSPS for reactor processes was proposed on June 29,
1990. No one requested a public hearing. The end of the comment
period was September 12, 1990. Comments received during this
comment period are currently being considered for promulgation.
Future Milestones
The current schedule calls for promulgation of the NSPS for
reactor processes by March 1992.
37
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NEW SOURCE PERFORMANCE STANDARDS fNSPSl FOR
SYNTHETIC ORGANIC CHEMICAL MANUFACTURING INDUSTRY (SOCMI1 -
REACTOR PROCESSES (CONTINUED1
EPA Contact Persons
Debbie Stackhouse Regulatory/Policy Issues (919) 541-5258
(FTS) 629-5258
Sheila Milliken (919) 541-2625
(FTS) 629-2625
Les Evans Technical Issues (919) 541-5410
(FTS) 629-5410
38
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TANK (MARINE) VESSEL STANDARDS
Background
Under Title I of the Clean Air Act (Act), the Environmental
Protection Agency (EPA) is required to promulgate regulations by
November 1992 to control volatile organic compounds and other
pollutant emissions from the loading and unloading of marine
vessels. Facilities are to comply with the requirements by no
later than November 1994.
Additionally, Title III of the Act requires the Agency to
address the emissions of 190 toxic pollutants from all sources.
Current Status
Work is in progress to develop Federal standards that would
satisfy the requirements of both Title I and Title III. Draft
chapters addressing the industry profile, national emissions,
available emissions control technology, and control costs were
distributed for comment in October 1990. Draft regulatory
alternatives were presented to the public in January 1991.
Future Milestones
The next milestones include the completion of the draft
background document, completion of the regulatory alternatives,
and development of the proposal package.
EPA Contact Person
David Markwordt (919) 541-0837
(FTS) 629-0837
39
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CONTROL TECHNOLOGY GUIDELINES FOR
VOLATILE ORGANIC COMPOUNDS fVOC^ EMISSIONS
Background
The Clean Air Act (Act) (Title I, section 183) requires the
issuance of control techniques guidelines (CTG's) for 11
categories of stationary sources of VOC emissions for which such
guidelines have not been issued, specifically for aerospace
coatings and solvents and shipbuilding operations and ship
repair, within 3 years after the date of enactment. The 11 CTG's
for which work is under way are: synthetic organic chemical
manufacturing industry (SOCMI) distillation, SOCMI reactors, wood
furniture, plastic parts (business machines), plastic parts
(other), offset lithography, industrial wastewater, auto body
refinishing, SOCMI batch processes, volatile organic liquid
storage, and cleanup solvents.
The purpose of a CTG is to recommend reasonably available
control technology (RACT). The RACT is determined on a case-by-
case basis. The CTG's provide a recommended presumptive norm for
RACT. The States must adopt RACT for sources in nonattainment
areas covered by the CTG's.
Current Status
The 11 CTG's are in various stages of development. The
CTG's (except industrial wastewater and cleanup solvents) were
presented as draft documents at a meeting of the National Air
Pollution Control Techniques Advisory Committee (NAPCTAC) in
November 1991. Industrial wastewater has already been presented
to NAPCTAC. Cleanup solvents is still in the data-gathering
phase. At the time of NAPCTAC, the documents were sent to
industry, environmental groups, the State, and local agencies for
comment. The comments are incorporated and a Federal Register
(FR) notice announcing the draft for public comment will be made
(about April 1992). The final document will be announced in the
FR about June 1993. Cleanup solvents is on a slower schedule but
will be completed by November 1993.
Work on aerospace and shipbuilding documents started in
October 1991.
Work is currently under way on an alternative control
technology document for pesticides application. This should be
finalized by June 1992.
Future Milestones
SOCMI Distillation/Reactor CTG - Announced for public comment
9/91
40
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CONTROL TECHNOLOGY GUIDELINES FOR
vnT.ATILE ORGANIC COMPOUNDS fVOC^ EMISSIONS fCONTINUED)
Remainder of "11 CTG's" (except Cleanup Solvents):
NAPCTAC - ll/ 1991
Draft FR notice - 4/92
Final FR notice - 6/93
Cleanup Solvents
Draft FR notice - 9/92
Final FR notice - 11/93
Aerospace and Shipbuilding CTG's
Final CTG required by 11/93
Pesticide Information Document
Draft ACT - 1/92
Final ACT - 6/92
EPA Contact Persons
Susan Wyatt
Martha Smith
Les Evans
Karen Catlett
Dave Salman
Penny Lassiter
Ellen Ducey
Randy McDonald
Mark Morris
CTG General
SOCMI Distillation/
Reactors
Wood Furniture & Offset
Lithography
Plastic Parts
Industrial Wastewater
Auto Body Refinishing
SOCMI Batch Processes &
Pesticides
VOL Storage
(919) 541-5674
(FTS) 629-5674
(919) 541-2421
(FTS) 629-2421
(919) 541-5410
(FTS) 629-5410
(919) 541-0835
(FTS) 629-0835
(919) 541-0859
(FTS) 629-0859
(919) 541-5396
(FTS) 629-5396
(919) 541-5408
(FTS) 629-5408
(919) 541-5402
(FTS) 629-5402
(919) 541-5416
(FTS) 629-5416
41
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CONTROL TECHNOLOGY GUIDELINES FOR
VOLATILE ORGANIC COMPOUNDS (VOCn EMISSIONS (CONTINUED1
Mohamed Serageldin Cleanup Solvents (919) 541-2379
(FTS) 629-2379
Laurel Driver Aerospace (919) 541-2859
(FTS) 629-2859
Jim Berry Shipbuilding (919) 541-5605
(FTS) 629-5605
42
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BEST AVAILABLE CONTROL MEASURES (BACM) DOCUMENTS FOR PLYWOOD.
PARTICLEBOARD. WAFERBOARDf AND LUMBER MANUFACTURING
Background
The Clean Air Act (Act) requires the Environmental
Protection Agency (EPA) to provide guidance to State and local
agencies for control of particulate matter nominally 10 microns
or less (PM-10) emissions from both point and area sources.
Legislative authority requiring the EPA to identify reasonably
available control measures (RACM) and best available control
measures (BACM) is located in section 190 "Issuance of RACM and
BACM Guidance," of the Act. Section 189(b)(l)(B) requires that
States implement BACM through their State implementation plans
(SIP's) for serious nonattainment areas.
For various industries, the EPA has decided to develop
control technology documents that identify BACM for stack sources
and process fugitive sources at these industries. Best available
control technology (BACT) is defined in the Act of 1977 as:
11. . .an emission limitation based on the maximum degree of
reduction of each pollutant subject to regulation under this
Act emitted from or which results from any major emitting
facility, which the permitting authority, on a case-by-case
basis, taking into account energy, environmental, and
economic impacts and other costs, determines is achievable
for such facility through application of production
processes and available methods, systems and techniques,
including fuel cleaning or treatment or innovative fuel
combustion techniques for control of each such pollutant.
In no event shall application of "best available control
technology" result in emissions of any pollutant which will
exceed the emissions allowed by any applicable standard
established pursuant to section 111 or 112 of this Act."
For the purposes of this project, this definition of BACT will be
adopted for BACM.
The purpose of this project is to develop documents that
identify control measures for PM-10 emissions from plywood,
particleboard, waferboard, and lumber manufacturing. The
documents are being written to support the States in developing
their SIP's. Specific emission sources to be investigated
include screening, grinding, drying, pressing, sanding, and
trimming.
The BACM documents review existing information and data
concerning the technology and cost of various control techniques,
including pollution prevention techniques, to prevent or reduce
emissions. The documents are, of necessity, general in nature in
that they do not fully account for site-specific variables within
43
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BEST AVAILABLE CONTE'.OL MEASURES (BACM1 DOCUMENTS FOR PLYWOOD.
PARTICLEBOARD. WAFERBOARD. AND LUMBER MANUFACTURING (CONTINUED
a stationary source category. Consequently, the purpose of a
document is to provide State and local air pollution control
agencies with an information base for proceeding with their own
analysis of BACT wherein they can consider site-specific factors.
Current Status
The project began in April 1991. To date, a literature
search has been completed, telephone contacts have been made, and
plant visits are being arranged.
Future Milestones
The final draft document is scheduled for completion by the
end of January 1992.
EPA Contact Person
Jeff Telander (919) 541-5427
(FTS) 629-5427
44
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NITROGEN OXIDES (NO^I ALTERNATIVE CONTROL
TECHNIQUES (ACT1 DOCUMENT
Background
Section 183(c) of Title I of the Clean Air Act (Act)
requires that ACT documents be prepared on all stationary source
categories that emit greater than 25 tons per year of NOX. These
documents must be completed within 3 years of the enactment of
the Act.
Current Status/Future Milestones
A preliminary list has identified 60 source categories with
NO,,, emissions greater than 25 tons per year. A first draft ACT
document for gas turbines was sent for external review in August
1991. The ACT document for nitric/adipic acids was sent for
external review in September 1991. The next two categories for
which ACT's will be prepared are internal combustion engines and
process heaters at petroleum refineries.
EPA Contact Person
Bill Neuffer (919) 541-5435
(FTS) 629-5435
45
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BEST AVAILABLE CONTROL MEASURES CBACM) DOCUMENTS FOR ALUMINUM AND
FERROUS (GRAY IRON AND STEEL) FOUNDRIES
Background
The Clean Air Act (Act) requires the Environmental
Protection Agency (EPA) to provide guidance to State and local
agencies for control of particulate matter nominally 10 microns
or less (PM-10) emissions from both point and area sources.
Legislative authority requiring the EPA to identify reasonably
available control measures (RACM) and best available control
measures (BACM) is located in section 190, "Issuance of RACM and
BACM Guidance," of the Act. Section 189(b)(l)(B) requires that
States implement BACM through their State implementation plans
(SIP's) for serious nonattainment areas.
For various industries, the EPA has decided to develop
control technology documents that identify BACM for stack sources
and process fugitive sources at these industries. Best available
control technology (BACT) is defined in the Act as:
11. . .an emission limitation based on the maximum degree of
reduction of each pollutant subject to regulation under this
Act emitted from or which results from any major emitting
facility, which the permitting authority, on a case-by-case
basis, taking into account energy, environmental, and
economic impacts and other costs, determines is achievable
for such facility through application of production
processes and available methods, systems and techniques,
including fuel cleaning or treatment or innovative fuel
combustion techniques for control of each such pollutant.
In no event shall application of "best available control
technology" result in emissions of any pollutant which will
exceed the emissions allowed by any applicable standard
established pursuant to section 111 or 112 of this Act."
For the purposes of this project, this definition of BACT will be
adopted for BACM.
The purpose of this project is to develop documents that
identify control measures for PM-10 emissions from aluminum
foundries and ferrous (gray iron and steel) foundries. The
documents are being written to support the States in developing
their SIP's. Specific emission sources to be investigated
include electric induction furnaces, hot metal pouring, and mold
shake out. A separate document will be developed for each
foundry type.
The BACM documents review existing information and data
concerning the technology and cost of various control techniques,
including pollution prevention techniques, to prevent or reduce
46
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BEST AVAILABLE CONTROL MEASURES fBACMI DOCUMENTS FOR ALUMINUM AND
FERROUS (GRAY IRON AND STEEL1 FOUNDRIES CCONTINUED)
emissions. The documents are, of necessity, general in nature in
that they do not fully account for site-specific variables within
a stationary source category. Consequently, the purpose of a
document is to provide State and local air pollution control
agencies with an information base for proceeding with their own
analysis of BACT wherein they can consider site-specific factors.
Current Status
The project began in March 1991. To date, several draft
chapters of each document have been completed.
Future Milestones
The final draft document is scheduled for completion by the
end of December 1991.
EPA Contact Person
Dave Painter (919) 541-5515
(FTS) 629-5515
47
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BACKGROUND BEST AVAILABLE CONTROL MEASURES fBACMI DOCUMENTS FOR
SECONDARY ALUMINUM PLANTS
Background
The Clean Air Act (Act) requires the Environmental
Protection Agency (EPA) to provide guidance to State and local
agencies for control of particulate matter nominally 10 microns
or less (PM-10) emissions from both point and area sources.
Legislative authority requiring the EPA to identify reasonably
available control mecisures (RACM) and BACM is located in section
190, "Issuance of RACM and BACM Guidance," of the Act. Section
189(b)(l)(B) requires; that States implement BACM through their
State implementation plans (SIP's) for serious nonattainment
areas.
For various industries, the EPA has decided to develop
control technology documents that identify BACM for stack sources
and process fugitive sources at these industries. Best available
control technology (BACT) is defined in the Act as:
11. . .an emission limitation based on the maximum degree of
reduction of each pollutant subject to regulation under this
Act emitted from or which results from any major emitting
facility, which the permitting authority, on a case-by-case
basis, taking into account energy, environmental, and
economic impacts; and other costs, determines is achievable
for such facility through -application of production
processes and available methods, systems and techniques,
including fuel cleaning or treatment or innovative fuel
combustion techniques for control of each such pollutant.
In no event shall application of "best available control
technology" result in emissions of any pollutant which will
exceed the emissions allowed by any applicable standard
established pursuant to section 111 or 112 of this Act."
For the purposes of this project, this definition of BACT will be
adopted for BACM.
The purpose of this project is to develop a document that
identifies control measures for PM-10 emissions from secondary
aluminum plants. The document is being written to support the
States in developing their SIP's. Specific emission sources to
be investigated include raw material receiving and handling
operations, sweat furnaces, scrap metal crushing and screening,
scrap metal drying, smelting operations, hot dross handling and
cooling, fluxing and degassing, hot metal pouring, and slag
disposal.
The BACM documents review existing information and data
concerning the technology and cost of various control techniques,
including pollution prevention techniques to prevent or reduce
48
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BACKGROUND BEST AVAILABLE CONTROL MEASURES (BACM) DOCUMENTS FOR
SECONDARY ALUMINUM PLANTS (CONTINUED1
emissions. The documents are, of necessity, general in nature
in that they do not fully account for site-specific variables
within a stationary source category. Consequently, the purpose
of a document is to provide State and local air pollution control
agencies with an information base for proceeding with their own
analysis of BACT wherein they can consider site-specific factors.
Current Status
The project began in March 1991.
Future Milestones
The final draft document is scheduled for completion by the
end of December 1991.
EPA Contact Person
Dave Painter (919) 541-5515
(FTS) 629-5515
49
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REPORT TO CONGRESS ON CONSUMER AND COMMERCIAL PRODUCTS
Background
The failure of over 100 metropolitan areas in the United
States to attain the national ambient air quality standards
(NAAQS) for ozone is one of the major environmental issues
currently faced by the Environmental Protection Agency (EPA).
While most of the large, stationary sources of volatile organic
compounds (VOC's) emissions are covered by existing regulations,
individually small, dispersed sources of VOC's (area sources)
contribute significantly to the continuing ozone nonattainment
problem. One substantial source of VOC emissions is the use of a
wide range of consumer and commercial products (personal care
products, automotive products, architectural coatings,
pesticides, cleanup solvents, etc.), presently the single largest
stationary area source of unregulated VOC emissions.
The Clean Air Act (Act) requires the EPA to conduct a study
of emissions of VOC's; into the ambient air from consumer and
commercial products. The objectives of the study are (1) to
determine the potential of consumer and commercial product VOC
emissions to contribute to ozone levels which violate the NAAQS
for ozone; and (2) to establish criteria for regulating
categories of consumer and commercial products under the
authority of section 183 of the Act. Upon completion of the
study, and not later than 3 years after enactment of the Act
(i.e., by November 1993), the EPA must submit a report to
Congress that documents the results of the study. Upon
submission of the final report to Congress, the EPA must list
those categories of consumer or commercial products that have
been determined, based on the study, to account for at least
80 percent of the VOC emissions, on a reactivity-adjusted basis,
from consumer and commercial products in areas that violate the
NAAQS for ozone. The; list must be divided into four groups
establishing priorities for regulations based on the criteria
presented in the report. Every 2 years after promulgating the
priority list, the EPA must promulgate regulations for one group
of categories until all four groups are regulated.
The many products that are considered to be consumer and
commercial products differ greatly (e.g., application methods,
packaging, contribution to ozone formation, control measures,
efficacy of substitute or reformulated products, applicability of
various systems of regulation, etc.). Given the diverse nature
of these product categories, the study and resultant report to
Congress will be separated into several individual studies and
corresponding reports. In addition to the individual product
category studies, several generic studies will be conducted.
These generic studies; will address such subjects as listed.
50
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REPORT TO CONGRESS ON CONSUMER AND COMMERCIAL
PRODUCTS (CONTINUED1
1. A national inventory of VOC's in consumer/commercial
products
2. Methods for the required adjustment of VOC emissions to
account for the relative photochemical reactivity of
product constituents
3. The fate of VOC's that enter landfills or are
discharged to wastewater
4. Aerosol packaging systems
5. Market-based approaches for regulating VOC emissions
from consumer/commercial products
Current Status
During FY 1990, in anticipation of passage of the Act, the
EPA initiated work on several product category and generic
studies. These initial studies addressed the following.
1. A national inventory of VOC's in consumer/commercial
products
2. Fate of VOC's in landfills
3. Fate of VOC's in wastewater
4. Aerosol packaging systems
5. Underarm deodorants/antiperspirants
6. Aerosol spray paints
During FY 1991, work continued on the initial studies, and
new work was initiated for hair care products and automotive
products. The remaining categories to be studied include
household cleaners, pesticides, adhesives and sealants, and room
deodorants. A draft aerosol packaging systems report was
submitted to industry for peer review in April 1991. Draft
reports for the deodorants/anti- perspirants study and the two
fate studies will undergo industry review during the last quarter
of FY 1991. An information collection request (ICR) for a survey
of VOC's in traditional consumer products is scheduled to be
submitted to the Office of Management and Budget (OMB) in
February 1992.
51
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REPORT TO CONGRESS ON CONSUMER AND COMMERCIAL
PRODUCTS (CONTINUED")
Future Milestones
First work group mailout (quarterly thereafter) 12/91
Submit ICR for consumer products survey to OMB 2/92
Consumer products survey mailout (4,000 respondents) 4/92
Draft survey results 7/92
Draft inventory report 9/92
Final work group mailout 12/92
Work group closure meeting 3/93
Brief Assistant Administrator 4/93
Submit report package to OMB 6/93
Submit final report to Administrator 11/93
Submit report to Congress 11/93
EPA Contact Person
Bruce Moore (919) 541-5460
(FTS) 629-5460
52
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TRIBAL TREATMENT AS STATE fTAS) REGULATION
Background
Section 107 sets criteria for how an Indian tribe may be
treated as a State for most purposes under the Clean Air Act
(Act). Approval of a TAS rule is a necessary step for subsequent
approval of tribal air quality codes under section 110 of the
Act.
Current Status
The Office of Program Management Operations is heading a
work group with assistance of designated Regional Offices, the
Office of Air Quality Planning and Standards, the Agency Indian
Coordinator, and the Office of General Counsel as core members of
this work group.
Future Milestones
The work group is in the process of finalizing work group
membership to include State and tribal representation. Regional
Offices are reviewing available attainment/nonattainment
information to determine the scope of the tribal air quality
problem. A draft TAS rule is anticipated in early 1992.
EPA Contact Person
Peter Cosier (202) 260-7755
(FTS) 260-7755
53
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TRIBAL IMPLEMENTATION PLAN (TIP^ GUIDANCE
Background
Section 107 of the Clean Air Act (Act) adds several
provisions to the statute that create the first express authority
for the Environmental Protection Agency (EPA) to treat Indian
tribes as States for certain Act purposes. Section 107 also
allows a tribe that qualifies for treatment as State (TAS) to
develop and submit to EPA a TIP to be reviewed in accordance with
the provisions set forth in section 110 of the Act, except as
otherwise provided in section 301(d)(2). Section 107 further
states that EPA may promulgate regulations setting forth the
elements of TIP'S and procedures for EPA action on them.
Current Status
An initial work group has been formed and has met twice to
discuss the issues surrounding TIP development. It is EPA's plan
to develop a TIP guidance rather than to promulgate regulations.
The Act does not require development of a TIP guidance by a set
date, however, it is the Agency's intention to have a TIP
guidance in place when the TAS regulation is promulgated, or
shortly thereafter. The Act states that EPA shall promulgate
regulations by May 15, 1992 specifying those provisions of the
Act for which it is appropriate to treat tribes as States.
Future Milestones
Under the auspices of the TAS work group that is charged
with development of the TAS regulation, EPA will define the
elements of TIP'S and develop procedures for EPA action on them.
EPA Contact Person
Denise Gerth (919) 541-5550
(FTS) 629-5550
54
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MOTOR VEHICLE ANTITAMPERING
Background
The 1989 Environmental Protection Agency (EPA) tampering
survey showed that tampering and fuel switching rates remain
high. Tampering and fuel switching continue to adversely impact
the quality of the Nation's air. The 1990 survey results are not
yet available.
1989 SURVEY RESULTS (percent)
NON-I/M* ATP** Onlv I/M + ATP
Overall Tampering 25 10 15
Fuel Switching 923
* I/M = inspection and maintenance
** ATP = antitampering program
Current Status
The 1990 EPA tampering survey was completed in August
1990. The report is currently being drafted. The 1991 survey
began in April in Atlanta, Georgia. The other survey sites for
1991 include Birmingham (AL), Dallas (TX), Albuquerque (NM),
Stockton (CA), Santa Cruz (CA), Kansas City (MO), Dayton,
Chicago, Pittsburgh, New Jersey, Nashua (NH), Portland (ME),
Minneapolis, and Ogden (UT).
The Clean Air Act (Act) changed the law to prohibit emission
control system tampering even by individual vehicle owners.
Another change is that manufacturing, selling, or installing any
part or component where the principal effect of the part or
component is to bypass, defeat, or render inoperative any
emission control device or element of design, is specifically
prohibited.
EPA Contact Person
Steve Albrink (202) 260-9040
(FTS) 260-9040
55
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MOTOR VEHICLE EMISSIONS WARRANTIES
Background
There are two emissions warranties that manufacturers are
required to provide motor vehicle owners. The Clean Air Act's
(Act's) section 207(et) defect warranty requires manufacturers to
warrant that their vehicles are free from defects which would
cause emission nonconformities. The section 207(b) performance
warranty requires that manufacturers pay for repairs
necessitated by the failure of an Environmental Protection
Agency (EPA) approved State or local inspection and maintenance
program emissions short test. The purpose of the Federal
emission control warranties is to encourage manufacturers to
build durable emission control systems and to assure that
vehicles will meet emission standards throughout their useful
lives. Pamphlets which give guidelines on which parts and
systems should be covered by the warranties and how to obtain
coverage are available.
The section 207(a) defect warranty requires manufacturers to
repair or replace any failed defective part or system which would
cause the vehicle or engine to exceed Federal emissions standards
free of charge for the useful life of the vehicle or engine
(5 years or 50,000 miles, whichever comes first, for passenger
cars). This warranty applies to all motor vehicles manufactured
to meet U.S. emission standards since 1972, including cars,
light-duty trucks, heavy-duty trucks, and motorcycles.
As mentioned above, the section 207(b) performance warranty
covers all repairs necessary to pass a locally required emissions
test for the first 2 years or 24,000 miles, whichever comes
first. After expiration of the 2 years/24,000 miles period, the
manufacturer is required to repair any primary emission control
component free of charge for the remainder of the useful life
(5 years or 50,000 miles). Only passenger cars and light
trucks are covered by this warranty at the present time.
Current Status
A comprehensive warranty parts list has been established
after meetings with the vehicle manufacturers. This list should
enable vehicle owners to receive more consistent coverage and
relieve EPA of some of the administrative burden associated with
this program. A notice of proposed rulemaking may be published
to codify the list of parts and clarify other issues regarding
the defect warranty.
The Act does not affect these warranties until the 1995
model year. Beginning with the 1995 model year, the warranty
period for passenger cars and light trucks will be 2 years or
56
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MOTOR VEHICLE EMISSIONS WARRANTIES fCONTINUED)
24,000 miles, except for certain major emission components (such
as catalytic converters, electronic emissions control units, and
onboard diagnostics systems) which are warranted for 8 years or
80,000 miles.
EPA Contact Person
Gwendolyn Holfield (202) 260-8572
(FTS) 260-8572
57
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FUEL VOLATILITY ENFORCEMENT
Background
Final regulations for the first phase of the nationwide
Federal gasoline volatility program were issued in March 1989
to control volatility. On June 1, 1989, the first effective date
of these regulations, the Environmental Protection Agency (EPA)
began sampling gasoline at upstream facilities, such as
refineries, terminals, pipelines, etc., in several cities. On
July 1, 1989, the effective compliance date for retail outlets,
EPA began inspections at these facilities as well. The EPA,
along with its contractor, procured and analyzed nearly 4,000
enforcement samples nationwide through the compliance period
which ended September 15, 1989. During the compliance period,
samples were taken from all the major refinery and importer
locations and nearly all the major terminals and ozone
nonattainment areas in the country. The results indicated an
approximate 95 percent compliance rate.
On May 1, 1990, and on May 1, 1991, EPA again began
inspections on the first day of volatility season. Although the
required compliance levels have not changed, several changes
have been implemented to streamline inspection procedures and
thus enhance EPA's enforcement presence. The most significant
change has been the implementation of a highly reliable and
accurate field screening system which has resulted in the
substantially reduced number of fuel samples that have to be
packaged, shipped and analyzed. This has allowed inspectors to
immediately identify noncomplying products and conduct more
well-directed investigations while still in the area and thus
more quickly have high volatility gasoline removed from
commerce. This streamlined process allowed EPA and its
contractor to take over 10,000 volatility samples in 1990, with
the same number planned for 1991.
Current Status
The EPA has continued to vigorously enforce the volatility
regulations. The compliance rate continues to be in the range
of 95 percent. Upcoming proposed regulations would allow the use
of improved test procedures, which are both more accurate and
quicker. In addition, regulations have been promulgated which
will tighten volatility standards beginning with the 1992
volatility season.
The EPA will also use the data from previous years'
enforcement programs to target problem areas or suppliers and
thus enhance the effectiveness of its limited resources.
58
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FUEL VOLATILITY ENFORCEMENT (CONTINUED1
EPA Contact Person
Marc R. Hillson (202) 260-2938
(FTS) 260-2938
59
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TAMPERING ENFORCEMENT
Background
The Environmental Protection Agency (EPA) tampering survey
data indicate that the removal or rendering inoperative of
emission controls remains a significant nationwide problem.
Although State/local emissions inspection and antitampering
programs have reduced some forms of tampering, the problem
continues and has changed in some respects. The EPA, therefore,
maintains an aggressive and somewhat refocused nationwide
enforcement program.
In August 1986, EPA published an enforcement policy intended
to encourage the development, introduction, and installation of
reasonably priced aftermarket catalytic converters as an
alternative to costly original equipment converters. Under this
policy, the installation of converters designed to meet EPA
specified performance requirements and installed under certain
limited circumstances would not constitute tampering under the
Clean Air Act (Act). This policy was intended to complement the
recently instituted State/local antitampering programs by
providing reasonably priced quality converters that would soon be
required to be installed by thousands of vehicle owners.
The Act made the manufacture, marketing, and sale of "defeat
devices" illegal. This greatly expands EPA's ability to enforce
against those who manufacture products with significant
detrimental effect on motor vehicle emissions. In addition, the
Act made individuals liable for tampering with vehicles; the
pre-amendment language only applied the tampering provision to
manufacturers, dealers, fleet operators, and those engaged in the
repair business.
Current Status
The EPA's nationwide tampering enforcement program utilizes
EPA, contractors and authorized State/local inspectors. The EPA
inspectors primarily focus on the largest and most complex
investigations. In addition, the EPA very closely monitors the
compliance of regulated parties with its published aftermarket
converter policy. This oversight has resulted in EPA uncovering
thousands of instances involving the installation of improper
converters. Over 400 Notices of Violation have been issued to
major violators of this policy for such misinstallations. In
addition, EPA has also monitored the quality of the converters
produced under this policy and has initiated enforcement actions
against manufacturers whose products have not met the
requirements of the policy.
The EPA has also been focusing on "high technology" forms of
tampering. These include the marketing of high performance
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TAMPERING ENFORCEMENT (CONTINUED^
replacement components such as computer chips, carburetors,
camshafts, etc., and the recently growing business of post-sale,
pre-delivery high performance modifications of new vehicles.
Much of this enforcement is enhanced by the new defeat device
language in the Act. The EPA continues to investigate
the manufacture of catalytic converter replacement pipes and
engine switching by regulated parties where the required
emission controls are not installed.
EPA Contact Person
Marc R. Hillson (202) 260-2938
(FTS) 260-2938
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STAGE II AND ONBOARD VAPOR RECOVERY
Stage II Background
Section 182(b)(3) of the Clean Air Act (Act) requires all
areas classified as moderate to severe to implement vapor
controls at gasoline dispensing facilities (stage II controls).
The Environmental Protection Agency (EPA) has been tasked with
providing guidance on stage II systems and also with developing
program enforcement guidance.
The Office of Air Quality Planning and Standards is
preparing a technical information document on stage II systems
and programs. Highlights of this document include background
information, descriptions of the affected industries, emissions
factors, system technology, costs, and implementation
implications. The Office of Mobile Sources is preparing a
document which establishes the minimum criteria for program
oversight (enforcement). The enforcement guidance establishes
criteria for training, identification of the affected parties,
compliance monitoring through inspections and data review, and
enforcement against violators.
Stage II Current Status
On June 28, 1991, the two draft guidance documents were
distributed to selected parties for review and comment. The
documents were finalized in November 1991.
Onboard Refueling Background
Section 202(a)(6) of the Act requires the promulgation of
standards for vehicle onboard vapor controls within 1-year
after the date of enactment of the Act. The Act states that
these standards shall be promulgated by the Administrator, after
consultation with the Secretary of the Transportation. The Act
requires that this requirement be phased in beginning with the
new passenger cars manufactured in the fourth model year, after
the model year in which the standards are promulgated.
Onboard Control Status
A notice of proposed rulemaking was published in August 1987
which was followed by a lengthy public comment period. A report
was issued by the National Highway Traffic Safety Administration
in July 1991 on the safety issues of the onboard systems. A
public hearing and reopening of the comment period was announced
in August 1991. The public hearing was held on September 26, in
Romulus, Michigan.
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STAGE II AND ONBOARD VAPOR RECOVERY (CONTINUED)
EPA Contact Persons
Paul Argyropoulos Stage II Enforcement (202) 260-8839
(FTS) 260-8839
Steven Shedd Stage II Implementation (919) 541-5397
(FTS) 629-5397
Glenn Passavant Onboard Refueling (313) 668-8408
(FTS) 374-8408
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OXYGENATED FUELS
Background
The wintertime use of oxygenated gasolines is mandated by
the Clean Air Act (Act) by November 1, 1992 in 41 areas
throughout the country that are currently nonattainment for
carbon monoxide. Congress has directed the Agency to issue
regulations and guidelines pertaining to the implementation of
these programs through State implementation plans (SIP's). The
Environmental Protection Agency (EPA) is in the process of
issuing regulations on gasoline labelling, guidance on the length
of the programs to be implemented in each of the areas, and
guidance concerning an oxygen credit averaging program. Congress
has mandated that an average of 2.7 percent oxygen by weight be
required in the gasoline sold in each of the nonattainment areas
during the winter months.
Current Status
Over the past 6 months, the Agency has been using the
innovative regulatory negotiation process to assist in its
promulgation of a labelling regulation, as well as the various
guidance documents dealing with oxygenated gasolines. One of
these guidance documents deals with the proposed averaging and
trading program for marketable oxygen credits, which will allow
States to establish credit trading programs based on the oxygen
content of the gasoline sold in any single nonattainment area.
The use of gasolines with a higher oxygen content than 2.7
percent by weight will be permitted to offset the sale or use of
gasoline with a lower amount of oxygen. A second set of guidance
deals with the establishment of the control periods for the 41
areas required to have wintertime oxygenated gasoline programs.
The Act has mandated control periods of no less than 4 months,
while air quality data analyzed by the Agency have indicated
that control periods across the country will range from
4 to 12 months.
On July 9, 1991, a proposed version of these guidance
documents was published in the Federal Register, reflecting the
options and issues as agreed upon by the Regulation Negotiation
Advisory Committee. A public hearing on the proposed rule and
guidance was held on July 15. In August 1991, the Regulatory
Negotiation Advisory Committee reached an agreement in principle
on the oxygenated fuels program. The EPA is drafting a
supplemental proposal which embodies this agreement. This
supplemental proposal, is expected to be published in the Federal
Register for public review and comment in January 1992. In
December 1991, the Office of Mobile Sources issued a draft
guidance for review pertaining to the implementation of the
programs as outlined. This guidance will assist the States in
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OXYGENATED FUELS (CONTINUED^
revising their SIP's and help to ensure that the oxygenated
gasoline program is fully implemented by November 1, 1992.
EPA Contact Person
Alfonse Mannato (202) 260-9040
(FTS) 260-9040
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TIER 1 MOTOR VEHICLE EMISSION STANDARDS
Background
The current passenger car and light truck tailpipe emission
standards for hydroceirbons, carbon monoxide, oxides of nitrogen,
and particulate matter have been in place since the early to mid-
1980 's. It has long been recognized that such vehicles could
meet tighter emission standards without the need for major
technology advances. Thus, the Clean Air Act (Act) included
revised certification tailpipe emission standards for all
passenger cars and light trucks, commonly referred to as Tier 1
standards. The Tier 1 requirements are to be phased in beginning
with the 1994 model year and will be fully phased in by the 1997
model year.
Current Status
The Agency published a final rule in the Federal Register on
June 5, 1991 (56 FR 25724). The rule included the new
certification emissions standards mandated by the Act, as well as
standards for determining in-use compliance and liability for
recall. Although the statute itself sufficed to implement these
new in-use requirements, they are closely related to the Tier 1
standards, and thus were promulgated concurrently.
Future Milestones
All Agency requirements have been completed. Manufacturers
must begin meeting the phase-in standards in model year 1994.
EPA Contact Person
James A. McCargar (313) 668-4244
(FTS) 374-8244
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CERTIFICATION SHORT TEST FOR MOTOR VEHICLES
Background
Motor vehicles in many areas of the country are required
to undergo periodic emission tests, referred to as inspection
and maintenance (I/M) tests, in order to be registered. Under
certain vehicle operation and environmental conditions, some
vehicles have a tendency to fail these short tests when, under
more comprehensive testing, it can be shown that these vehicles
have low emissions levels. Repairs on such error of commission
vehicles neither contribute to air quality nor allow the
vehicles to pass I/M on a retest, thus causing great
inconvenience for owners while having no positive environmental
effect.
The Clean Air Act (Act) mandated that the Environmental
Protection Agency (EPA) add a test to the vehicle certification
procedure that would determine whether passenger cars and light
trucks can pass the I/M test procedures established by EPA under
the range of fuel, ambient temperature, and vehicle wait-time
conditions that can be reasonably expected to be encountered
during I/M testing.
Current Status
The Agency is drafting a notice of proposed rulemaking that
will address the certification short test requirement under a
range of test conditions. In addition, the rule will include
revisions to the six short tests approved by the Agency for use
by I/M programs as part of the performance warranty program.
These revisions were suggested by the Agency's January 1991
technical report and are included in this regulation as the basis
for the certification short test procedure.
Future Milestones
The proposed rule will be published in February 1992.
EPA Contact Person
James A. McCargar (313) 668-4244
(FTS) 374-8244
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NONROAD ENGINES AND VEHICLES
Background
While emissions from on-highway motor vehicles have been
regulated for 20, engines used to power nonroad equipment, such
as lawnmowers, boats, and construction equipment, have not been
subject to emission standards. The Clean Air Act (Act) added
provisions to section 213, which require the Environmental
Protection Agency (EPA) to:
1. Assess the impact of nonroad emissions on nonattainment
and human health in a study completed in November 1991.
2. By November 1992, issue emission standards for nonroad
sources, if nonroad sources as a whole are found to significantly
contribute to nonattainment or endanger human health.
As these engines and vehicles have not been regulated, there is
relatively little existing information on emissions from the
engines, operating modes, test procedures, and technical
feasibility of reducing emissions. California has issued
standards for some categories of nonroad engines, although the
Act preempts the States from regulating farm and construction
equipment below 175 horsepower.
Current Status
Work is currently focused, primarily, on the study to
assess the impact of nonroad emissions on nonattainment. A
workshop was held in April 1991 to solicit input and data from
manufacturers and the States. The study was completed in
November 1991. A rulemaking addressing the applicable
definition, such as "nonroad" and "farm and construction" is also
being drafted and will be proposed in the early 1992.
EPA Contact Person
John German (313) 668-4214
(FTS) 374-8214
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FEDERAL TEST PROCEDURE STUDY
Background
The Environmental Protection Agency (EPA) is responsible for
enforcing the motor vehicle emission standards established under
statutory authority. The various procedures used in the testing
of motor vehicles to determine compliance with the standards are
referred to, collectively, as the Federal Test Procedures (FTP).
The Clean Air Act (Act) specifies, "... the Administrator shall
review and revise as necessary the regulations ... to insure
that vehicles are tested under circumstances which reflect the
actual current driving conditions under which motor vehicles are
used, including conditions relating to fuel, temperature,
acceleration, and altitude." The goal of the FTP study is to
thoroughly assess the representativeness of the current FTP
within the 18-month time limit imposed by the Act.
A key component of the study is a survey of in-use driving
behavior planned for two nonattainment areas. This survey
will provide data on current driving patterns which can be used
to evaluate the representativeness of the present FTP driving
cycle. Also, to evaluate the emissions impact of in-use
driving patterns not represented by the FTP driving cycle, EPA
is developing a vehicle simulation computer model. As part of
this effort, EPA has established an in-house engine mapping
program.
Current Status
Considerable preliminary work has been completed on the
FTP study. Much of the computer model development work is
finished and the engine mapping program is under way.
Development of the driving pattern survey is in process, and it
is scheduled to begin later this summer. The EPA is coordinating
this work with similar efforts by California in the Los Angeles
area and by the Office of Research and Development in Atlanta,
Georgia. The study and final report is expected to be completed
by May 1992.
EPA Contact Person
John German (313) 668-4214
(FTS) 374-8214
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ALTERNATIVE MOTOR VEHICLE DURABILITY PROGRAM
Background
During the certification process, manufacturers must
demonstrate the ability of their new motor vehicles to satisfy
the Clean Air Act (Act) mandate that vehicles meet emission
standards for their useful lives. The primary objective of the
durability program is to predict accurately the deterioration
of vehicles in actual use. The challenge is to reasonably
balance this goal against competing time and cost demands on
both the Agency and the manufacturers.
Current Environmental Protection Agency (EPA) durability
procedures for passenger cars and light trucks typically
underestimate actual in-use deterioration and tend to be
expensive. The primary purpose of revisions to the current
procedures would be to improve the correlation between
certification durability predictions and actual in-use
durability. In addition, the inclusion of an "accelerated"
durability option in the revised program—based, for example, on
bench aging of selected components in place of whole-vehicle
mileage accumulation—would reduce expenses and leadtime
constraints on vehicle designs. The need for an accelerated
durability option has been accentuated by the Tier 1 rulemaking,
which increased the useful life of passenger cars from 50,000 to
100,000 miles.
Current Status
A public workshop was held in Ann Arbor on January 30,
1991 to consider options for revising portions of the
certification procedures for new passenger cars and light
trucks. A notice of proposed rulemaking is currently being
prepared for an interim rule covering the 1994 and 1995 model
years and is scheduled to be published in January 1992.
Future Milestones
A final rule for the 1994 and 1995 model years is scheduled
to be published by June 1992. A more comprehensive rule for 1996
and later model years will follow.
EPA Contact Person
James A. McCargar (313) 668-4244
(FTS) 374-8244
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ONBOARD DIAGNOSTICS COBD) FOR MOTOR VEHICLES
Background
Malfunctions of the emission control components on current
computer controlled automobiles are known to cause significant
increases in emissions without affecting driveability. Current
estimates show that malfunctioning motor vehicles may contribute
over 50 percent of light-duty vehicle volatile organic compounds
and carbon monoxide emissions.
An emission control OBD system would detect malfunctions
within the emission control system and alert the driver through a
dashboard malfunction indicator light of the need for repairs.
The OBD system would also facilitate proper repairs through
storage of information about the malfunction which can be
retrieved by repair technicians. The State of California
required a first phase of OBD in the 1988 model year and recently
promulgated rules for a second phase to be implemented in the
1994 model year. The Federal rules being developed for proposal
are technically similar to the two California phases combined.
The Clean Air Act mandates regulations requiring OBD systems to
be installed on vehicles beginning with the 1994 model year.
Final rules are required to be published by May 1992.
Current Status
On September 4, 1991, the Administrator signed a notice of
proposed rulemaking proposing requirements that all passenger
cars and light trucks be equipped with an OBD system capable of:
(1) diagnosing malfunctions or deterioration of all emission-
related systems or components, (2) alerting the vehicle operator
to the need for repair, (3) storing information related to the
malfunction, and (4) providing access to the stored information
for maintenance and testing. A public hearing was held on
November 6 and 7, 1991 in Ann Arbor, Michigan. The public
comment period ended on December 9, 1991. The Environmental
Protection Agency extended the comment period on the information
requirements part of the rule until January 10, 1992 at the
request of the commenters.
EPA Contact Person
Robert Larson (313) 668-4277
(FTS) 374-8277
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COLD TEMPERATURE MOTOR VEHICLE
CARBON MONOXIDE rCQI EMISSIONS
Background
A significant number of areas continue to be in
nonattainment for CO. About 90 percent of the CO exceedances,
nationwide, occur between November and February. Over half of
all CO exceedances occur at temperatures below 45 degrees
Fahrenheit, and 90 percent occur below 68 degrees Fahrenheit.
Motor vehicles contribute the vast majority of all CO
emissions. The Agency currently tests vehicles for compliance
with emissions standards only in the 68-86 degrees Fahrenheit
temperature range. Setting a cold temperature CO standard
appears to be a cost-effective method of controlling motor
vehicle emissions at colder temperatures. Such a standard could
help local areas comply with the CO ambient air quality standard.
The Clean Air Act (Act) mandated 20 degree Fahrenheit
standards for passenger cars and light trucks. Standards of 10.0
g/mile for cars and equivalent stringency for light trucks are
mandated beginning with the 1994 model year. These interim rules
are required to be in place by November 1991. If air quality
assessment indicates more than six areas remain in noncompliance
with the CO national ambient air quality standard in 1997, the
Act mandates revised 20 degree Fahrenheit standards of 3.4 g/mile
for cars and 4.4 g/mile for light trucks beginning with model
year 2002.
Current Status
On September 17, 1990 the Agency published a notice of
proposed rulemaking proposing cold temperature CO standards for
both passenger cars and light trucks. The final rule is
undergoing the Office of Management and Budget review.
EPA Contact Person
Christine Mikolajczyk (313) 668-4403
(FTS) 374-8403
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MOBILE SOURCE AIR TOXICS ACTIVITIES
Background
Mobile sources account for somewhat over 50 percent of the
annual U.S. cancer incidences due to emitted air toxics. Benzene
and diesel particulate are the two most important mobile source
toxics. Air toxics emissions can be reduced by reducing motor
vehicle volatile organic compounds (VOC) emissions. Additional
toxics reductions can be obtained by reducing the concentration
of toxic components and their precursors in the fuel. The use of
alternative fuels such as methanol, ethanol, and compressed
natural gas in vehicles specifically designed for their use can
result up to about a 90 percent reduction of air toxics
emissions. Use of reformulated gasoline meeting specifications
that lower fuel aromatic and benzene levels and that require the
addition of oxygenate compounds such as methyl tertiary butyl
ether or ethanol, will also reduce toxic emissions.
Current Status
The Clean Air Act (Act) requires the Environmental Protection
Agency (EPA) to issue a report in May 1992 on air toxics
emissions from motor vehicles, focusing on compounds such as
benzene, butadiene, and formaldehyde. The EPA is also required
to promulgate either fuel or vehicle regulations by 1995,
requiring necessary control of motor vehicle air toxics
emissions.
Also, a number of other EPA regulatory programs required by
the Act will result in reduction of air toxics emissions. The
EPA is specifically required to issue regulations by November
1991, requiring use of reformulated gasoline in 1995 for the nine
cities with the highest ozone levels. Reformulated gasoline will
result in 15 percent reductions in air toxics and VOC emissions
in 1995, increasing to 25 percent in 2000. Most other EPA
programs required by the Act will also result in air toxics
reductions. Diesel particulate emissions will be reduced by 1994
standards for heavy-duty vehicles adopted prior to the Act.
EPA Contact Person
Joe Somers (313) 668-4321
(FTS) 374-8321
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MOTOR VEHICLE RECALL PROGRAM
Background
In 1990 and 1991, the Environmental Protection Agency (EPA)
continued its compliance testing of in-use vehicles. The purpose
of the program is to ensure that production vehicles continue to
meet Federal motor vehicle emission standards during their useful
lives.
Current Status
The EPA's motor vehicle recall program tested 50 passenger
cars and light truck engine families in 1990. This includes 16
families tested under high altitude conditions in cooperation
with the Colorado Department of Health. For the first half of
1991, 28 light-duty families have been tested, including 4
tested at high altitude. This testing had the dual purpose of
repairing nonconforraing vehicles and encouraging manufacturers
to design more durable emission control systems to avoid the
high cost of future EPA recalls. Approximately 3 million
vehicles were recalled in 1990 and approximately 1 million have
been recalled through the first half of 1991.
Future Milestones
The recall program plans to test approximately 39 light-duty
families during the next 12 months. This will include about 7
families at high altitude. The EPA also plans to conduct in-use
testing of 2 heavy-duty families, for the first time, during this
period. If funding is provided, additional heavy-duty families
will be tested.
EPA Contact Person
Cliff Dean (202) 260-2491
(FTS) 260-2491
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MOTOR VEHICLE ASSEMBLY LINE TESTING
Background
In 1990, the Environmental Protection Agency (EPA) continued
its Selective Enforcement Audits (SEA's) of assembly line motor
vehicles. The purpose of the SEA program is to ensure that
production vehicles meet Federal motor vehicle emission
standards.
Current Status
In 1990, EPA conducted 8 SEA audits of light-duty (LD)
configurations and 11 audits of heavy-duty engines (HDE). The
LD audits showed satisfactory results; however, one HDE
configuration exceeded the particulate emission standard,
resulting in an audit failure.
During the first 6 months of 1991, EPA conducted 4 audits of
LD configurations and 9 audits of HDE's. One HDE configuration
failed the audit.
Since audit failures cause the interruption of production
when the certification of a class is suspended, manufacturers
continued to conduct substantial voluntary testing to identify
and repair marginal configurations before they are audited.
Manufacturers traditionally have tested about 20,000 LD vehicles
during each year.
Futures Milestones
The EPA will continue to audit HDE and LD configurations of
domestic and foreign manufacturers in proportion to their market
shares and will focus on HDE families involved in the banking and
trading program to assure correct usage of family emission
limits.
The EPA will also continue to evaluate SEA's potential
usefulness in a nonroad program and provide input during cold
temperature carbon monoxide and certification short test
rulemakings as to the appropriate role of SEA.
EPA Contact Person
Bob Montgomery (202) 260-2500
(FTS) 260-2500
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REFORMULATED GASOLINE
Background
As part of the Clean Air Act (Act), Congress added a new
subsection (k) to section 211. Subsection (k) prohibits the sale
of gasoline that the Environmental Protection Agency (EPA) has
not certified as reformulated in the nine worst ozone
nonattainment areas beginning January 1, 1995.
To be certified as reformulated, a gasoline must comply with
the following compositional requirements:
- oxygen content of at least 2.0 percent by weight,
- benzene content of no more than 1.0 percent by volume, and
- no heavy metals (with a possible waiver for metals other
than lead).
Reformulated gasoline must also comply with emissions
requirements. Nitrogen oxides emissions may not increase due to
the reformulated gasoline. The gasoline must also achieve
reductions in year round toxic and summertime volatile organic
compounds emissions. These emission reductions must equal or
exceed the more stringent of either a performance standard of
15 percent (in 1995 increasing to 25 percent in 2000) or the
performance of a specified formula fuel, as measured on a mass
basis from the entire vehicle.
The areas covered by the reformulated gasoline program are
the nine ozone nonattainment areas having a 1980 population over
250,000 and having the highest ozone design value during the
period 1987 through 1989, which include Baltimore, Chicago,
Hartford, Houston, Los Angeles, Milwaukee, New York,
Philadelphia, and San Diego. Any other ozone nonattainment areas
may apply to opt into the program at the request of their
Governor. The States of Rhode Island, Maine, and Massachusetts
have already made such an application.
Current Status
Proposed regulations for reformulated gasoline were signed
on June 11 and published in the Federal Register on July 9, 1991
(56 FR 31176). These proposals were developed in part through a
regulatory negotiation process through the assistance of an
advisory committee consisting of industry, environmental, and air
pollution control and other government agency representatives.
Negotiations continued through the end of June. In August 1991,
the Regulatory Negotiation Advisory Committee reached an
agreement in principle on the Reformulated Gasoline Program. A
supplemental proposal which embodies this agreement is presently
undergoing the Office of Management and Budget review.
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REFORMULATED GASOLINE (CONTINUED1
EPA Contact Person
Rick Rykowski (313) 668-4339
(FTS) 374-8339
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CALIFORNIA PILOT TEST PROGRAM AND
LIGHT-DUTY CLEAN FUEL VEHICLE STANDARDS
Background
The Clean Air Act (Act) requires the establishment of
clean-fuel vehicles that will be used in clean-fuel vehicle
programs to demonstrate the effectiveness of these vehicles in
controlling air pollution in nonattainment areas. The California
Pilot Test Program is one of these clean-fuel vehicle programs
and requires vehicle manufacturers to sell a minimum number of
light-duty, clean-fuel vehicles in the State of California
starting in the 1996 model year. The program will also contain a
provision that will allow other States with nonattainment areas
to opt into the program, although no sales mandates of the
clean-fuel vehicles for those States will be allowed. The
standards for the light-duty, clean-fuel vehicles, which will be
promulgated along with the California Pilot Test Program, will be
used in both the California program and the Clean-Fueled Fleets
Program.
Current Status
The proposed rule on the credit program to be used in the
California Pilot Test Program was signed by the Administrator
on September 5, 1991. The credit program is scheduled to be
promulgated in March 1992. The proposed rule for the balance of
the California Pilot Test Program (sales requirements and State
opt-in), as well as the standards for light-duty, clean-fuel
vehicles is being developed and is required to be promulgated by
November 1992.
EPA Contact Persons
Paul Machiele (313) 668-4264
(FTS) 374-8264
Loren Washburn (313) 668-4472
(FTS) 374-8472
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IMPROVED VEHICLE EVAPORATIVE EMISSION CONTROL
Background
Even after gasoline volatility is reduced, current vehicle
evaporative emission control systems are not designed to fully
control evaporative emissions under certain common summer
conditions. The most serious concerns are vapors generated and
released during vehicle operation (running losses) on hot,
ozone-prone summer days, as well as repeated days of parking on
such days.
Current Status
On January 19, 1990, the Environmental Protection Agency
(EPA) proposed a new evaporative test procedure designed to
require more effective evaporative systems under more severe
ambient conditions. Based on the input received at the public
hearing and in the written comments in response to the proposed
rule, EPA made various modifications to the test procedure, which
were discussed at a public workshop on December 19, 1990.
Future Milestones
The EPA is considering the comments received and developing
the final rulemaking package. Publication of the final rule is
scheduled for May 1992.
EPA Contact Person
Alan Stout (313) 668-2758
(FTS) 374-8758
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URBAN BUS REGULATIONS/HEAVY-DUTY NITROGEN OXIDES
STANDARD
Background
The Clean Air Act (Act) contains several provisions relating
to buses, including the following four items. First, the Act
specifies that the 0,. 10 gram per brake horsepower-hour (g/bhp-hr)
particulate matter (PM) standard should apply to 1993 model year
"buses" [under the Environmental Protection Agency (EPA)
regulations this standard applied to 1991+ urban buses]. Second,
the Act specifies a new PM standard for 1994 and later model year
urban buses which requires up to a 50 percent reduction from the
current 1994 model year PM standard of 0.10 g/bhp-hr. Third, the
Act includes provisions for the rebuilding or retrofitting of
1993 and earlier model year urban buses at the time of engine
rebuild to improve their emissions performance. Fourth, the Act
contains a requirement that the test procedure on which urban
buses are tested should reflect actual in-use urban bus operating
conditions.
In addition to the above mentioned bus programs, the Act
also contains a revised 4.0 g/bhp-hr NO^ standard for all 1998
and later model year heavy-duty engines. The current standard of
5.0 g/bhp-hr will apply through the 1997 model year.
Current Status
The proposed rule was published in the Federal Register on
September 24, 1991.
Future Milestones
The final rule is scheduled for publication in the spring
1992.
EPA Contact Person
Phil Carlson (313) 668-4270
(FTS) 374-8270
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DIESEL FUEL QUALITY
Background
The Environmental Protection Agency (EPA) promulgated
heavy-duty motor vehicle particulate standards in the mid-1980's.
The initial standards became effective with the 1988 model year,
with more stringent standards being phased in with the 1991 model
year and again in the 1994 model year. When these standards were
promulgated, the heavy-duty engine manufacturers indicated that
in order for them to meet these stringent standards, the sulfur
and aromatic content of diesel fuel would need to be regulated.
In the summer of 1988, a joint industry proposal of the
Engine Manufacturers Association and representatives of the
petroleum industry, including the American Petroleum Institute,
was submitted to EPA. This proposal recommended that EPA set an
on-highway diesel fuel sulfur content limit of 0.05 percent and
an aromatic cap of about 35 percent by setting a minimum cetane
index of 40 to be effective in October 1993. In addition, the
joint industry proposal recommended that EPA allow certification
of 1991 to 1993 model year engines using 0.05 percent sulfur
content diesel fuel.
In August 1989, EPA published a notice of proposed
rulemaking (NPRM) which closely followed the joint industry
proposal except that it proposed to allow 1991 to 1993
certification using 0.10 percent sulfur content diesel fuel. A
public hearing was held in October 1989 and public comments were
received on this proposal. Subsequently, a final rule was
published in August 1990 which differed from the proposal in only
two areas. As an alternative to the minimum 40 cetane index
specification, refiners were permitted to certify a maximum
aromatic content of 35 percent. Also, small refiners were given
some additional regulatory relief in the form of a 2-year
extension to the compliance schedule. This rule will provide
additional particulate and sulfur dioxide reductions.
The Clean Air Act (Act) which was subsequently passed
by Congress and signed by the President contains a section with
provisions for Federal diesel fuel quality standards which is
very similar to those in the final rule. The additional 2-year
compliance extension for small refiners, however, was effectively
prohibited by the Act. Consequently, a follow-up rulemaking to
amend the rule to comply with the Act requirements is being
undertaken. The NPRM for this rule was published on July 17,
1991.
Current Status
The EPA held a public hearing for this rulemaking on
August 2, 1991, and the public comment period was open through
81
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DIESEL FUEL QUALITY (CONTINUED^
September 3, 1991. A final rule is expected to be promulgated
by early 1992.
EPA Contact Person
John Anderson (313) 668-4496
(FTS) 374-8496
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CONTROL TECHNOLOGY CENTER
FEDERAL SMALL BUSINESS ASSISTANCE PROGRAM
Background
The CTC was formed in 1987 to assist State and local (S/L)
air pollution control agencies and the Environmental Protection
Agency (EPA) Regional Offices in their implementation of programs
to control air toxics, volatile organic compounds (VOC) and
criteria pollutant emissions. It is operated by EPA's Office of
Air Quality Planning and Standards (OAQPS) and the Office of
Research and Development (ORD) and draws from the expertise of
those two organizations. A State and Territorial Air Pollution
Program Administrators and the Association of Local Air Pollution
Control Officials (STAPPA/ALAPCO) work group assures a close
working relationship between STAPPA/ALAPCO and the CTC.
Three levels of support are provided - HOTLINE (for a rapid
response to questions), direct engineering assistance (for more
in-depth support to S/L agencies and Regional Offices), and
technical guidance projects (for dissemination of information of
broad national interest). The CTC also operates an electronic
bulletin board system (BBS) on the OAQPS Technology Transfer
Network and publishes a quarterly newsletter, the "CTC NEWS."
Section 507 of the Clean Air Act sets forth requirements for
e. Small Business Stationary Source Technical and Environmental
Compliance Assistance Program (SBAP) to be established by each
State. The EPA must also develop a Federal program to assist the
States in the implementation of their programs, including
providing guidance on alternative control technologies and
pollution prevention. This Federal SBAP will be administered
primarily through the CTC.
Status and Future Milestones
The CTC receives over 1,100 HOTLINE requests for assistance
per year from State, local and Federal agencies. Private sector
calls account for an additional 700 HOTLINE calls per year.
Staff engineers and scientist of the supporting organizations
receive an additional 1,000 direct (non-HOTLINE) telephone
requests for assistance per year. HOTLINE calls are the common
basis for initiating engineering assistance and technical
guidance projects.
The CTC has completed 17 engineering assistance and 26
technical guidance projects since its inception. On-going
projects include 3 engineering assistance and 18 technical
guidance projects. A list of recently completed and on-going
projects is provided in Table 1. Project reports are made
available to all S/L agencies and Regional Offices without
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CONTROL TECHNOLOGY CENTER (CTC)
FEDERAL SMALL BUSINESS ASSISTANCE PROGRAM (CONTINUED^
charge. They are available to others through the National
Technical Information Service for a nominal fee.
The CTC bulletin board system (BBS) came on-line on
August 1, 1991 and is one of several BBS's on the OAQPS
Technology Transfer Network. The CTC BBS allows users to order
CTC documents, download CTC developed software or project
summaries, request assistance,
suggest projects and communicate via public and private messages.
To access the CTC BBS, users need a PC, modem, and communications
software. Telephone numbers and communication program settings
are indicated below.
The "CTC NEWS" provides CTC clients with current information
on control technology developments and CTC activities. To be put
on the mailing list for the "CTC NEWS," call the CTC HOTLINE.
The Federal SBAP will consist of several components.
- A Small Business Technical Assistance Center (operated
in coordination with the existing technical assistance
centers) to provide technical guidance on control
technology, pollution prevention, and chemical
emergency prevention
The consideration of small business needs and concerns
in normal program activities (i.e., regulatory
development), and preparation of informational
materials to explain new regulations in layman's terms
An information exchange network among the State small
business programs and the various Federal offices
involved in the small business program to coordinate
development of "small business" materials
EPA Contact Persons
Bob Blaszczak OAQPS (919) 541-5432
(FTS) 629-5432
Chuck Darvin ORD (919) 541-7633
(FTS) 629-7633
CTS HOTLINE (919) 541-0800
(FTS) 629-0800
CTC BBS (919) 541-5742 (1200/1400 baud)
(FTS) 629-5742
84
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CONTROL TECHNOLOGY CENTER (CTC)
FEDERAL SMALL BUSINESS ASSISTANCE PROGRAM fCONTINUED
(919) 541-1447 (9600 baud)
(FTS) 629-1447
Data Bits: 8 Parity:
Deborah Michelitsch SBAP
N
Stop Bits: 1
(919) 541-5437
(FTS) 629-5437
TABLE 1.
ENGINEERING ASSISTANCE AND TECHNICAL GUIDANCE PROJECTS
Project Name and No.
Iron Oxide Process Emissions Analysis
Pennsylvania
Vermont Wood Waste Incineration
Fluff Combustion
Perchloroethylene Waste Test Method
Region I
Waferboard Plant Press Vent Emissions
Colorado
Evaluation of Air Toxics Emissions at
Minnesota's Reconstituted Panelboard Plants
HAP-PRO (Software to evaluate air toxics
control options - formerly CAT 3.0)
HAP Manual Update
Assessment of VOC Emissions from Fiberglass
Boat Manufacturing
Assessment of the Controllability of
Condensible Emissions
Best Demonstrated Control Technology for
Graphic Arts
Electrostatic Precipitator Model (89-13)
Sourcebook: NOX Control Technology Data
Completion Date
7/91
8/91
2/92
3/91
12/90
4/91
7/91
7/91
5/90
12/90
1/91
7/91
7/91
85
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CONTROL TECHNOLOGY CENTER CCTCI
FEDERAL SMALL BUSINESS ASSISTANCE PROGRAM f CONTINUED1)
Polystyrene Foam Manufacturing 9/90
Bakers Yeast Manufacturing (90-6) 9/91
Radiation Cured Coatings 7/91
Radioactive and Mixed Waste Incineration 5/91
Vol. 1, Control Technology
Vol. 2, Risk of Radiation Exposure
Estimating Landfill Emissions (90-10) 12/90
Surface Impoundment Emission Factors 11/90
Version 2.0 (SIMS Enhancement)(90-12)
Asphalt Roofing Emissions (90-14) 7/91
Automobile Spray Booth Clean-up 7/92
Burning Scrap Tires as a Fuel 11/91
Foundry Casting Operations 8/91
Carbon Disulfide Emission Controls 11/91
RACT NOX Controls for Utility Boilers 11/91
Emission and Control Options for 9/91
Contaminated Soil
Simulated Open Burning Fiberglass 7/92
Simulated Controlled Burning of Scrap 7/92
Rubber Tires
Ink and Coating Manufacturing 4/92
Nonferrous Metal Rolling 4/92
Waste Wood Combustion (Multi-Agency Study) 2/92
86
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COMPREHENSIVE ASBESTOS MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
fMACn STANDARDS
Background
The asbestos national emission standard for hazardous air
pollutants (NESHAP) under the Clean Air Act (Act) are designed to
reduce emissions of asbestos to the outside air. These
regulations, which were initially promulgated in 1973, already
affect a large number of sources. The current asbestos NESHAP
will be revised under this project to reflect the MACT and
procedures designed to reduce asbestos emissions. In addition to
the asbestos NESHAP standards that are developed in the Office of
Air and Radiation (OAR), the Office of Pesticides and Toxic
Substances, the Office of Solid Waste and Emergency Response, and
the Office of Water have regulations that also address asbestos
emissions to the environment. Further, the Occupational Safety
and Health Administration and the Department of Transportation
have regulations that control asbestos releases. The OAR has and
will continue to closely coordinate the development of these
regulations within the Environmental Protection Agency (EPA) and
with other Federal agencies.
Current Status
Several work group meetings were held for this project in
1990 to help define the source categories that would be
considered in the project. A project status report was presented
at the National Air Pollution Control Techniques Advisory
Committee in January 1991. In March 1991, a decision was made to
do a technical screening study to further define the source
categories and to identify other hazardous air pollutants,
besides asbestos, that may be emitted from the source categories.
A draft of the screening study was prepared in June 1991 but the
project is currently temporarily on hold due to the project team
focusing on an asbestos technical study on roofing which is
related to an asbestos NESHAP litigation.
Future Milestones
The project schedule is temporarily on hold. A revised
schedule will be prepared when a decision on the scope of the
project is made. The next milestone for this project includes
finalizing the project scope, preparing the technical portion of
the background information document (BID), and sending out the
technical portion of the BID for outside review. It is expected
that the asbestos NESHAP will be proposed in the fall of 1992 and
promulgated the following year.
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COMPREHENSIVE ASBESTOS MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
fMACTl STANDARDS (CONTINUED1
EPA Contact Persons
Sims Roy (919) 541-5263
(FTS) 629-5263
Fred Dimmick (919) 541-5625
(FTS) 629-5625
88
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CHROMIUM ELECTROPLATING MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
STANDARDS
Background
The source category is chromium electroplating and
anodizing. Three processes are involved; hard chrome
electroplating, decorative chrome electroplating, and chromic
acid anodizing. The electroplating and anodizing are performed
in chromic acid plating solutions. Chromic acid solution is
primarily made up of hexavalent chromium, which is a known
carcinogen. One process in decorative chrome electroplating uses
trivalent chromium, which is less potent. There are about 5,000
operations nationwide, and at base line the chromium emissions
are estimated to be about 170 tons/year. Control techniques
include packed-bed scrubbers, advanced mesh-pad mist eliminators,
chevron-blade mist eliminators, and fume suppressants (wetting
agents in the bath or foam blanket at the surface of the bath).
Trivalent chromium plating solution is also used as a control
technique since it eliminates hexavalent chromium emissions, and
trivalent chromium emissions are almost zero. Regulatory
alternatives have been established for the three processes
considering the appropriate control techniques. Nationwide
impacts have been calculated for these regulatory alternatives.
Based on these impacts, final determinations will be made as to
which standard will apply to each of the processes.
Current Status
The work group has been briefed on the technical and
regulatory aspects of this project. The nationwide impacts for
various regulatory alternatives have been presented. In June
1991, one emerging technology was source-tested to determine its
performance level. This will enable us in the determination of
the standard for hard chrome electroplating.
Future Milestones
Option Selection 08/91
Work Group Closure 10/91
Proposal 02/92
Promulgation 02/93
EPA Contact Persons
Lalit Banker Regulatory/Policy Issues (919) 541-5420
(FTS) 629-5420
Al Vervaert Technical Issues (919) 541-5602
(FTS) 629-5602
89
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COKE OVEN MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY fMACTI STANDARDS
Background
The coke oven project has been ongoing since the late
1970's. The Environmental Protection Agency (EPA) proposed a
standard for coke ovens in 1987, but the project was put on hold
due to the anticipated Clean Air Act (Act) requirements. The
standard sets emission limits for coke oven doors, lids, offtakes
and seconds of charging. The Act requires EPA to set standards
for MACT for existing sources, lowest achievable emission rate
for existing sources, and MACT for new sources.
Current Status
The coke oven project is currently going through the option
selection process. The work group has met and selected their
options for the three standards outlined above and the Assistant
Administrator for Air and Radiation has been briefed on these
selections. The EPA is drafting the preamble and regulation, and
is investigating an improved technology called the nonrecovery
oven and obtained visible emissions readings there in July.
Future Milestones
Proposal in Federal Register April 1991
Promulgation in Federal Register December 1992
EPA Contact Person
Amanda Agnew (919) 541-5268
(FTS) 629-5268
90
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DRY CLEANING NATIONAL EMISSION STANDARD FOR HAZARDOUS
AIR POLLUTANTS (NESHAP)
Background
The Environmental Protection Agency (EPA) is proposing to
regulate perchloroethylene (PCE) and 1,1,1-trichloromethane
(1,1,1-TCA) emissions from new and existing dry cleaners under
authority of section 112 of the Clean Air Act (Act). Both PCE
and 1,1,1-TCA are included on the list of 190 hazardous air
pollutants found in section 112(b) of the Act. Both pollutants
are emitted from dry cleaning facilities. The predominant
solvent in use is PCE. Even though about 98 percent of these
facilities emit less than 10 tons per year, and thus are
considered area sources, there are an estimated 35,000 dry
cleaning machines operating throughout the country. The use of
1,1,1-TCA is declining and only about 50 facilities are known to
use this solvent.
As a result of a petition filed by a private citizens group
from Oregon, the Administrator agreed to sign a proposed NESHAP
for dry cleaning facilities by November 15, 1991, and to
promulgate the NESHAP by November 1992.
A Federal Register notice announcing the withdrawal of the
new source performance standards proposed on November 25, 1980
(45 FR 78174) for regulating volatile organic compounds emissions
from dry cleaners under section 111 will be published at the same
time the NESHAP is proposed.
Current Status
The proposal was published in the Federal Register on
December 9, 1991.
Future Milestones
The final rule is scheduled for publication by November 15,
1992.
EPA Contact Persons
Shirley Tabler Regulatory/Policy Issues (919) 541-5256
(FTS) 629-5256
Dave Beck Technical Issues (919) 541-5421
(FTS) 629-5421
91
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HAZARDOUS ORGANIC NATIONAL EMISSION STANDARD FOR
HAZARDOUS AIR POLLUTANTS fNESHAP1
Background
The Clean Air Act (Act) requires that within 2 years of
enactment, the Environmental Protection Agency promulgate
emission standards for 40 source categories that emit one or more
of the 190 hazardous air pollutants (HAP's) listed in the Act.
As part of this effort, the Agency will develop the Hazardous
Organic NESHAP (HON) rules. The standards will apply to the
synthetic organic chemical manufacturing industry (SOCMI) and
will control emissions of approximately 110 HAP's from process
vents, storage, transfer, and wastewater operations. The
negotiated equipment leak rule will be required for equipment
containing HAP's and will control emissions of approximately 150
organic HAP's. Based on our characterization of SOCMI, there are
about 400 chemical production categories that represent 80,000 to
90,000 gigagram (Gg) of production capacity and about 1,000
process units that will be affected by these rules. The HON will
comprise five technology-based NESHAP standards, one for each of
the following five emissions source types: process vents,
wastewater handling and treatment operations, storage tanks,
chemical transfer operations, and equipment leaks.
The control technology basis for these standards has been
thoroughly studied in the development of similar standards in the
past for process vents, equipment leaks, storage tanks and
benzene waste and benzene transfer. These rules and data
supporting them will be used to develop the regulatory
alternatives and the standards for proposal.
Current Status
The proposed rulemaking package is presently undergoing the
Office of Management and Budget review.
Future Milestones
The proposed rule is scheduled for publication in the
Federal Register in the spring of 1992.
EPA Contact Persons
Jan Meyer Regulatory/Policy Issues (919) 541-5254
(FTS) 629-5254
Bob Rosensteel Technical Issues (919) 541-5608
(FTS) 629-5608
92
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EARLY REDUCTIONS PROGRAM
Background
The Clean Air Act (Act) contains a provision [section
112(1) (5)] which allows an existing source of hazardous air
pollutant emissions to obtain a 6-year extension of compliance
with an emission standard promulgated pursuant to section 112(d)
of the Act, if the source has achieved a reduction of 90 percent
or more of hazardous air pollutants emitted (95 percent or more
for particulate pollutants) by certain dates specified in the
Act. If a source is granted a compliance extension, an
alternative emission limitation will be established for the
source by permit to ensure the 90 (95) percent reduction.
The Environmental Protection Agency (EPA) will implement
this program by issuing regulations which specify how owners or
operators of hazardous air pollutant sources may apply for a
compliance extension and procedures to be followed by reviewing
authorities (EPA Regional Office or State agency) in evaluating
compliance extension applications. The program is designed to be
run by State agencies that have approved Title V permitting
programs. However, since permit program approval may take
several years, EPA will run the early reductions program in the
interim.
Status
An EPA rule to implement the Early Reductions Program was
proposed in the Federal Register on June 13, 1991 (56 FR 27338).
Although the rule is not yet final, some companies will have to
rely on the proposal to make submittals to EPA under the program
within certain deadlines. The primary responsibility for
evaluating early submittals resides with the EPA Regional Office.
Nonetheless, EPA will give the States the opportunity to have
input to the evaluation process from the outset.
Future Milestones
The final rule currently is scheduled to be published in
February 1992.
EPA Contact Persons
David Beck (919) 541-5421
(FTS) 629-5421
Rick Colyer (919) 541-5262
(FTS) 629-5262
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MUNICIPAL SOLID WASTE COMBUSTORS
Background
The Clean Air Act (Act) limited the scope of the existing
new source performance standards (NSPS) and emission guidelines
(EG) to individual municipal waste combustors (MWC) burning more
than 250 tons per day of waste. The Act, however, directs the
Environmental Protection Agency (EPA) to promulgate revised NSPS
and EG for MWC burning more than 250 tons per day by November 15,
1991. The revised NSPS and EG are to be based on maximum
achievable control technology (MACT). The Act also directs EPA
to promulgate NSPS and EG for MWC burning less than 250 tons per
day by November 15, 1992. These NSPS and EG must also be based
on MACT.
The Act also directs EPA to establish emission limits for a
host of pollutants. These pollutants are: sulfur dioxide,
hydrogen chloride, particulate matter, opacity, carbon monoxide,
nitrogen oxides, dioxins, mercury, cadmium, and lead.
Finally, the Act directs EPA to promulgate siting
requirements for new MWC, which protect public health and the
environment, by November 15, 1991. Also, EPA is to develop an
operator training's cind certification program by November 15,
1992. After November 15, 1994 for MWC burning more than 250 tons
per day and after November 15, 1995 for MWC burning less than 250
tons per day, only certified operators may operate MWC.
Current Status
Revising the existing NSPS and EG, developing NSPS and EG
for MWC burning less than 250 tons per day, siting requirements
for new MWC, and an operator's training and certification
program, have been combined into a single project. Analysis is
currently under way to support this project.
Future Milestones
The proposal is currently scheduled for publication in
January 1992 with promulgation in December 1992.
EPA Contact Persons
Walt Stevenson Regulatory/Policy Issues (919) 541-5264
(FTS) 629-5264
Mike Johnston Technical Issues (919) 541-5604
(FTS) 629-5604
94
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SOURCE CATEGORY LIST/SCHEDULE FOR STANDARDS
Background
The Clean Air Act (Act) mandates that the Environmental
Protection Agency (EPA) develop a list of all major source
categories which emit at least one of the 190 hazardous air
pollutants identified in section 112(b) of the Act. This list is
to be published by November 15, 1991 and will provide the source
categories subject to air toxics emission standards development
over the next 10 years. The Act directs the EPA to publish a
schedule for promulgating emission standards by November 15,
1992.
Current Status
On June 21, 1991, the preliminary draft Source Category List
was published in the Federal Register (FR), and requested comment
on several relevant (Act) issues identified in the preamble
(i.e., subcategorizing, listing of utility and solid waste
incineration categories, and listing of area sources).
Future Milestones
The next milestone is to receive and summarize public
comment from the FR notice, and to incorporate EPA response into
the Source Category List prior to publication in late January
1992. The EPA is concurrently working on a draft preamble for
the Schedule for Standards project. The draft schedule for
standards is scheduled for publication in March 1992 and is on
schedule to meet the statutory deadline of November 15, 1992.
EPA Contact Persons
David Svendsgaard (919) 541-2380
(FTS) 629-2380
Bill Maxwell (919) 541-5430
(FTS) 629-5430
Tom Lahre (919) 541-5668
(FTS) 629-5668
Gail Lacy (919) 541-5261
(FTS) 629-5261
95
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MEDICAL WASTE INCINERATORS (MWI'S'l
Background
The Clean Air Act (Act) requires the Environmental
Protection Agency (EPA) to develop new source performance
standards (NSPS) for new MWI's and emission guidelines for
existing MWI's. The NSPS are being developed under section
lll(b) of the Act and the emissions guidelines are being
developed under section lll(d) of the Act. The NSPS is to
reflect the maximum achievable control technology (MACT) while
the guidelines may be equal to or less stringent than the NSPS.
Section 129 of the Act requires EPA to develop numerical emission
limits for the following pollutants: particulate matter,
opacity, sulfur dioxide, hydrogen chloride, nitrogen oxides,
carbon monoxide, lead, cadmium, mercury, and dioxins and furans.
Section 129 also requires that emissions from MWI's and operating
parameters be monitored and reported as deemed necessary by the
EPA Administrator. In addition, section 129 requires that EPA
develop and promote a model State program for the training and
certification of MWI operators.
The development of an NSPS and emission guidelines involves
extensive engineering, cost and economic investigations, followed
by comprehensive EPA and public reviews. The regulatory
development program consists of three phases: data gathering,
analysis of data and regulatory alternatives, an*} proposal
development.
Proposal of the NSPS and emission guidelines initiates a
final cycle of public: and EPA review. The proposed NSPS and
emission guidelines eind their supporting background information
are distributed to the affected industries and other interested
parties. A public hearing on the proposal is held, if requested.
Written and oral comments are then analyzed, and appropriate
changes are made to either the NSPS or the emission guidelines.
The NSPS and emission guidelines are then promulgated.
Current Status
The data gathering phase has essentially been completed.
Six of the 8 MWI's selected for the EPA test program have been
tested. Currently, the various control techniques and regulatory
alternatives are being analyzed in terms of emissions,
performance, costs, economic impacts, and environmental impacts.
These analyses are being conducted using the model plant
approach. The EPA has developed a range of model plants based on
the types and sizes of MWI's used throughout the industry.
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MEDICAL WASTE INCINERATORS (MWI'S) (CONTINUED")
Future Milestones
Both the NSPS and the guidelines are scheduled for proposal
in July 1992, and promulgation in September 1993.
EPA Contact Persons
James Eddinger Technical Issues (919) 541-5426
(FTS) 629-5426
William Maxwell (919) 541-5430
(FTS) 629-5430
Richard Copland Regulatory/ (919) 541-5265
Policy Issues (FTS) 629-5265
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LESSER QUANTITY EMISSION RATES
Background
Section 112(a)(1) defines "major source" as ". . . any
stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the
potential to emit, considering controls, in the aggregate,
10 tons per year or more of any hazardous air pollutant or 25
tons per year or more of any combination of hazardous air
pollutants . . .." This section allows the Administrator
discretion to establish a lesser quantity emission rate for
defining "major source" on the basis of "... potency of the
hazardous air pollutant, persistence, potential for
bioaccumulation, other characteristics of the air pollutant, or
other relevant factors. . .." This project involves the
identification of relevant information and the selection of
appropriate pollutants and relevant lesser quantity emission
rates.
Current Status
An initial list of pollutants and proposed lesser quantity
emission rates were developed and approved by an Environmental
Protection Agency (EPA) interoffice work group. The basis of the
list, at that time, was equivalent to the methodology used to
develop the list of high-risk pollutants considered under the
early emissions redaction program [section 112(i)(5)(E)]. The
lesser quantity emission rate proposal was placed on hold pending
the outcome of Office of Management and Budget's (OMB's) review
of the Early Reduction Proposal. Subsequent to OMB review,
6 additional carcinogens were added to the high-risk pollutant
list and a relative toxicity weighting factor was assigned to
each pollutant. This proposed rule was published in the Federal
Register on June 13, 1991. Since that time, EPA has been
evaluating the potential impacts of the changes to the high-risk
pollutant list on the lesser quantity emission rate package.
Future Milestones
Additional analyses will be conducted, public comments on
the high-risk pollutant list and weighting factor approach
included in the Early Reduction Proposal will be reviewed, and
meetings will be scheduled with the Office of Air and Radiation's
senior management to discuss the draft rulemaking package.
EPA Contact Persons
Beth Hassett-Sipple (919) 541-5346
(FTS) 629-5346
98
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LESSER QUANTITY EMISSION RATES fCONTINUED1
Martha Keating (919) 541-5340
(FTS) 629-5340
99
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ATMOSPHERIC DEPOSITION TO GREAT LAKES AND COASTAL WATERS
Background
Section 112(m) of the Clean Air Act (Act) requires a program
to assess the extent of atmospheric deposition of hazardous air
pollutants (and at the discretion of the Administrator, other air
pollutants) to the Great Lakes, Chesapeake Bay, Lake Champlain,
and coastal waters. (For this section, coastal waters are those
designated by the Environmental Protection Agency as National
Estuary Program estuaries, or by the National Oceanic and
Atmospheric Administration as National Estuarine Research
Reserves.) The section describes some specific requirements,
such as deposition monitoring and biota sampling.
One of the main requirements of the section is a report to
Congress. The initial report to Congress is to be submitted in
November 1993 and is to be updated every 2 years thereafter.
This report is to include an assessment of:
o The contribution of atmospheric deposition to total
pollutant loadings
o The environmental and human health effects of any
pollution which is attributable to atmospheric
deposition
o The sources of any pollution which is attributable to
atmospheric deposition
o Whether the pollution contributes to water quality
violations
o A description of any regulatory actions or changes in
the Act or other Federal laws which are necessary to
assure protection of human health and the environment.
The other main requirement of the section is the
promulgation, by November 1995, of such further emission
standards or control measures necessary to prevent any adverse
effects to human health or the environment.
Current Status
Planning for the needs of the program has been ongoing since
the summer of 1990. Two groups have been organized for this
purpose, a large Planning Committee, which has review and comment
responsibilities, and the Core Project Management Group, which
has responsibility to help identify priorities and strategies, as
well as to make resource and participation commitments.
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ATMOSPHERIC DEPOSITION TO GREAT LAKES AND
COASTAL WATERS (CONTINUED)
A draft plan of the minimum needs for the program has been
reviewed by the Planning Committee and is being revised. The new
draft will be reviewed and discussed by the core group in August
1991.
Some elements of the program are already ongoing. A
requirement for setting up a wet/dry deposition monitoring site
for each Great Lake by December 31, 1991, should be met on
schedule by accelerating placement of the Integrated Atmospheric
Deposition Network (a joint U.S.-Canada network) Master Stations.
Future Milestones
The program should have an approved plan by fall 1991.
Work will then accelerate to incorporate the needs of the Great
Waters Program into related Agency work. The first report to
Congress will be compiled in early 1993 for review.
EPA Contact Person
Melissa McCullough (919) 541-5646
(FTS) 629-5646
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MODIFICATION PROVISIONS
Background
Section 112(g) imposes certain preconstruction review
requirements on new, modified and reconstructed sources of listed
hazardous air pollutants. It takes effect after the approval
date of an operating permit program in a State under Title V of
the Clean Air Act (Act).
Section 112(g) requires the permitting authority to ensure
that new and reconstructed major sources will achieve "new source
maximum achievable control technology (MACT)" and that
modifications to existing major sources will achieve "existing
source MACT" as defined under section 112(d).
The most complex provisions of section 112(g) pertain to
modifications. A modification is defined as a physical change
leading to an actual emissions above de minimis quantities. In
addition, Congress specifically allowed sources to provide
offsets elsewhere at the plant to avoid being deemed a
modification. Offsetting is allowed where the pollutant being
increased is less "hazardous" than the pollutant being decreased.
The Environmental Protection Agency (EPA) is required to develop
guidance for implementing section 112(g).
Current Status
The EPA has formed an Agency work group to develop the
required guidance. The four major topics being discussed by the
work group are:
1. Regulatory definitions (e.g., physical change, actual
emissions, creditable decreases, contemporaneous, etc.)
2. De minimis levels (e.g., goals for de minimis, health
benchmarks, dispersion case for setting emission
levels, etc.)
3. Hazard ranking (e.g., defining no-threshold pollutants,
ranking carcinogens, ranking for noncancer effects,
determining how to deal with data gaps, etc.)
4. Case-by-case determinations of MACT emission
limitations.
In late July, EPA held a Public Consultation Workshop with
invited participants from industry trade groups, environmental
groups, and government agencies. This meeting, similar to other
"roundtable" meetings, was intended to gain early feedback on the
major issues. At EPA's request, the Science Advisory Board held
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MODIFICATION PROVISIONS (CONTINUED1)
a meeting on October 28-29 to review methodologies for the hazard
ranking required by section 112(g).
Future Milestones
The regulation and guidance package is scheduled for May
1992. The EPA intends to complete the guidance before the
effective date of Title V permit programs.
EPA Contact Persons
Tim Smith (919) 541-4718
(FTS) 629-4718
Jane Caldwell-Kenkel (919) 541-0107
(FTS) 629-0107
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AIR RISK INFORMATION SUPPORT CENTER (AIR RISC1
Background
The Air RISC was established in 1988 to assist State/local
(S/L) air pollution control agencies and the Environmental
Protection Agency (EPA) Regional Offices on technical matters
pertaining to health, exposure, and risk assessment for
noncriteria air pollutants. It is operated by EPA's Office of
Air Quality Planning and Standards (OAQPS), and Office of Health
and Environmental Assessment (OHEA). The Air RISC is managed by
a Steering Committee that provides guidance and makes decisions
on funding and various operational procedures. Joann Held, from
the New Jersey Department of Environmental Protection, represents
the State and Territorial Air Pollution Program Administrators
and the Association of Local Air Pollution Control Officials by
her participation as an advisory member to the Steering
Committee. Robert Sears, from the Santa Barbara County Air
Pollution Control District, is the back-up contact for Ms. Held.
Their purpose as advisory members is to ensure that Air RISC is
meeting the needs of its client community.
Goal and Ob-jectives
The goal of the Air RISC is to support S/L agencies and
Regional Offices in the implementation of air toxics control
programs by providing technical guidance and information on
matters pertaining to health, exposure, and risk assessment cf
toxic air pollutants. The objectives of the Air RISC are as
follows:
1. Provide a mechanism to transfer to S/L agencies
available health and risk assessment information
through summaries of health effects information,
workshops, and seminars
2. Provide telephone access to EPA expertise as an initial
quick response to individual problems
3. Provide technical review and/or consultation on site-
specific risk assessments
4. Provide guidance to S/L agencies on how to conduct
hazard, exposure and risk analyses, as well as how to
interpret their results.
5. Provide a mechanism so that S/L agencies can have
access to EPA expertise in answering questions
pertaining to the scientific basis for conducting risk
assessment
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AIR RISK INFORMATION SUPPORT CENTER CAIR RISC! (CONTINUED)
6. Obtain feedback from S/L agencies to EPA on technical
support needs in the area of health and risk
assessment.
Current Status
The Air RISC became fully operational in the last quarter of
FY 1988 and since then has witnessed a steady increase in client
requests, or about 50 requests per month currently. The Steering
Committee, formed to provide direction and make management
decisions regarding Air RISC, meets monthly. The committee
includes membership from OAQPS and OHEA, with advisory members
from the EPA Regional Offices, S/L agencies, the EPA library and
EPA's Health Effects Research Laboratory. It is important to
note the three kinds of services which Air RISC provides:
1. HOTLINE - for quick referral to experts, and provisions
of available EPA health assessment
2. Technical assistance - for more in-depth evaluation and
retrieval of information than can be provided via the
HOTLINE
3. Technical guidance - for questions general enough in
nature to be applicable for many S/L agencies.
Future Milestones
Near and long-term milestones to Air RISC include
distributing recently completed public education materials and
risk communication manual to all S/L agencies, expanding
assistance to include criteria pollutants as well as air toxics,
investigating the use of an electronic bulletin board to improve
user access, and offering 1-day courses in risk and exposure
assessment to requesting S/L agencies.
EPA Contact Persons
Holly Reid OAQPS (919) 541-5344
(FTS) 629-5344
Dan Guth OHEA (919) 541-4930
(FTS) 629-4930
Air RISC HOTLINE; (919) 541-0888
(FTS) 629-0888
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POLLUTANT PETITION PROCEDURES
Background
Section 112 of the Clean Air Act contains a mandate for the
Environmental Protection Agency (EPA) to evaluate and control
emissions of hazardous air pollutants. Section 112(b)(l)
includes an initial list of 190 hazardous air pollutants. The
EPA must periodically review the list of hazardous air pollutants
and, where appropriate, revise this list by rule. In addition,
any person may petition EPA under section 112(b)(3) to modify the
list by adding or deleting one or more substances. While not
required by statute, the EPA is developing a procedures and data-
requirements rule to assist potential petitioners in filing
adequate petitions.
Current Status
The proposed rulemaking is presently undergoing the Office
of Management and Budget review.
Future Milestones
The proposed rule is expected to be published in the Federal
Register 2 months after the completion of the review.
EPA Contact Person
Nancy B. Pate (919) 541-5347
(FTS) 629-5347
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NATIONAL AIR TOXICS INFORMATION CLEARINGHOUSE fNATICH1
Background
The NATICH data base was established in the mid-1980's as a
cooperative effort by the Environmental Protection Agency (EPA)
and the State and Territorial Air Pollution Program
Administrators and the Association of Local Air Pollution Control
Committee (STAPPA/ALAPCO) to support State/local agencies in
their development and implementation of programs targeted at
noncriteria (toxic) air pollutants. The Clearinghouse is
administered by the Office of Air Quality Planning and Standards.
Objective
The primary purpose of NATICH is to collect, classify, and
disseminate information on air toxics generated at the Federal,
State, and local levels. Such a mechanism of information
exchange reduces the possibility of duplicating existing
knowledge. Towards this goal the data base contains information
on:
1. Regulatory programs and contacts
2. Permitting data
3. Acceptable ambient concentrations
4. Ambient air monitoring information
5. Source test data
6. Emissions inventory data
7. Research and methods development information.
An agency interested in establishing a toxics program, or
expanding an existing one, can access available information on
what (if anything) has been implemented by other air pollution
authorities.
Information is collected on an annual basis by submittal
from all participating agencies. Agencies submit data regarding
the types of information listed above. In addition to on-line
searches, NATICH publishes a number of reports on a annual basis.
Information may be submitted in three ways: direct on-line
entry, submittal of hard copy forms, and electronic transfer.
The distribution of information occurs in several ways. The
NATICH allows users direct on-line access to data base
information at a cost of $15 to $20 per hour of use. information
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NATIONAL AIR TOXICS INFORMATION
CLEARINGHOUSE (NATICH1 fCONTINUED1
can either be interactively viewed on screen or batch reports may
be printed at remote locations.
Current Status
Since its introduction NATICH has undergone periodic
modifications in an attempt to expand and meet the needs of the
user community. In the fall of 1989, a link was established
betweenNATICH and the Toxic Release Inventory System (TRIS). The
TRIS is a data base of information collected as a result of
section 313 (Emergency Planning and Community Right-to-Know Act)
of the Superfund Amendments and Reauthorization Act. The TRIS
contains inventory information on approximately 300 toxic air
pollutants from facilities nationwide.
Future Milestones
Currently there is work in progress on linking NATICH to the
Aerometric Information Retrieval System (AIRS). The AIRS is a
data base with several subsystems that contain data on criteria
pollutants. In addition, a two-way message board is also being
instituted to facilitate communication between NATICH staff and
users.
EPA Contact Persons
Vasu Kilaru (919) 541-5332
(FTS) 629-5332
Nancy Riley (919) 541-5353
(FTS) 629-5353
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ACID RAIN IMPLEMENTATION OVERVIEW
Background
On November 15, 1990 Congress passed the Clean Air Act
(Act). Title IV of the Act establishes a program to curtail
acidic deposition by reducing emissions of sulfur dioxide (SO2)
and nitrogen oxides (NO^) from primarily power plants by 10
million tons and approximately 2 million tons, respectively, from
1980 levels.
To achieve these reductions, the Act imposes, in two phases,
technology-based emission limits for NOX and allocates S02
allowances to affected utility units. In Phase I, the Act lists
allowances for 110 plants (261 listed units) based on 2.5
Ibs/MMBtu and 1985 to 1987 MMBtu/year heat input (baseline) of
the unit. Units must comply by January 1, 1995. In Phase II,
all existing utility units greater than 25 MW and all new units
are covered. These units generally must meet their baseline
times 1.2 Ibs/MMBtu by January 1, 2000.
So that required emission reductions may be achieved in the
most cost-effective manner possible, the Act relies on a market-
based concept permitting the trading of SO2 allowances among
affected units. Progress and compliance will be measured through
the operation of continuous emission monitoring systems or
acceptable alternative methods. A $2,000 excess emissions fee
will be charged for every ton of SO2 or NOX emissions a unit
emits over its allowance, and a unit will be required to offset
its excess S02 emissions in the following year, in order to
preserve the integrity of the allowance system.
As authorized by the Act, the Acid Rain Program requirements
will be codified in six regulations.
1. Permits
2. Allowance system
3. Opt-in
4. Continuous emissions monitoring (CEM)
5. Nitrogen oxides (NO,,.) control
6. Excess emissions
Current Status
One portion of the allowance system regulation, containing
the allowance auction and sale requirements, was proposed in the
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ACID RAIN IMPLEMENTATION OVERVIEW f CONTINUED 1
Federal Register (FR) on May 23, 1991 (56 FR 23744-23759), in
order to meet the 12 -month statutory deadline.
The Environmental Protection Agency (EPA) has developed a
core acid rain program rulemaking package, containing four rules:
the permits rule, (the remaining bulk of) the allowance system
rule, the GEM rule, and the excess emissions rule. This core
acid rain rulemaking package was proposed on December 3, 1991.
In addition, the Act set 18-month deadlines for the
control rule and the opt-in rule. Although EPA delayed beginning
work on these regulations due to resource constraints, EPA
currently plans to accelerate the NOX rule development schedule
in order to publish the final rule as close to May 15, 1992 (the
18-month deadline) as possible. However, the opt-in rule will be
developed approximately 6 months behind schedule, with
publication of the final rule by December 1992.
EPA Contact Person
Paul Horwitz (202) 260-8545
(FTS) 260-8545
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ACID RAIN IMPLEMENTATION -
CONTINUOUS EMISSIONS MONITORING fCEMI
Background
Title IV of the Clean Air Act (Act) requires the
Environmental Protection Agency (EPA) to promulgate CEM
regulations within 18 months of enactment. Within 3 years of
enactment, each Phase I affected unit must install and operate
CEM's or an acceptable alternative method, quality assure the
data for sulfur dioxide (SO2), volumetric flow, nitrogen oxides
(NO.*.), opacity, a diluent gas, and carbon dioxide (CO2), and keep
records and reports pursuant to the promulgated regulations. By
January 1, 1995, each source subject to this Act must install and
operate CEM (or an acceptable alternative). Unavailable CEM data
would be treated as if the unit were uncontrolled, unless the
unit can provide satisfactory alternative emissions data.
Information reported from these systems will be used for tracking
compliance with source-specific emissions allowances, for
monitoring the trading of emissions allowances, and for
calculating excess emission fees mandated by the Act.
The proposed CEM rule establishes the requirements for the
continuous monitoring of SO2, volumetric flow, NOX, opacity, a
diluent gas, and CO2 from affected units under Phase I and Phase
II of the acid rain program. In addition to the monitoring
requirements for each pollutant, the proposed rule contains
provisions for the equipment certification procedures, equipment
performance verification tests, and recordkeeping and reporting
requirements.
Current Status
The CEM rule was proposed in the Federal Register on
December 3, 1991 as part of the core acid rain program rulemaking
package. We expect to meet the 18-month statutory deadline by
publishing the final rule by May 1992.
EPA Contact Person
Larry Kertcher (202) 260-7423
(FTS) 260-7423
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ACID RAIN IMPLEMENTATION - PERMITS
Background
Operating permit programs are mandated by two titles of the
Clean Air Act. Under Title V, Permits, the Environmental
Protection Agency (EPA) will promulgate regulations within
12 months after enactment, setting forth requirements for State
operating permit programs. These programs are intended to
provide an expedited procedure for managing stationary source
emission limits and, as such, supplant a major portion of the
existing State implementation plans with respect to these
emission limitations and related monitoring and compliance
provisions. States are reguired to submit permit programs to EPA
for approval within 3 years after enactment.
Under Title IV, Acid Deposition Control, EPA is required to
promulgate regulations within 18 months after enactment,
governing Federal permits to be issued in Phase I (and in Phase
II for States without an approved permit program). Individual
source owners are required to submit Phase I permit applications
and compliance plans to EPA under this program within 30 months
after enactment. These permits will establish the basis for
implementation of Phase I, including the trading of allowances
among sources affected in Phase I.
By January 1, 1994, each Phase II affected source must
submit a permit application and compliance plan to the
appropriate permitting authority. By July 1, 1995, each State
with an approved permit program shall issue Phase II permits. By
July 1, 1996, EPA shall issue permits to Phase II sources not
issued a State permit.
The proposed permit rule contains the relevant requirements
for owners and operators obtaining permits. The major permit
provisions contain the requirements for (1) designated
representative, (2) permit applications and proposed compliance
plans, (3) submissions deadlines, and (4) permit revisions and
permit challenge procedures.
Current Status
The Title IV permits rule was proposed in the Federal
Register on December 3, 1991 as part of the core acid rain
program rulemaking peickage. The statutory deadline for
publishing the final rule is May 1992.
EPA Contact Person
Rachel Hopp (202) 260-9307
(FTS) 260-9307
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ACID RAIN IMPLEMENTATION
ALLOWANCE SYSTEM
Background
The Clean Air Act Amendments (CAAA), sections 403, 405, and
406, establish the allowance system as a market-based approach to
cost- effectively reduce sulfur dioxide (SO2) emissions. One
allowance is an authorization to emit 1 ton of SO2, during or
after a specified calendar year. Affected sources, through their
designated representative, are required to certify that their
total emissions do not exceed the number of "current" or useable
allowances they hold at the end of a given calendar year. After
an initial allocation of allowances to each affected source
according to its formulations as specified in the CAAA, utilities
may choose to buy, sell, or hold allowances as part of a self-
devised compliance strategy.
The allowances rule, which will contain six major subparts,
is being promulgated in separate stages; Subpart E contains the
auction and sale requirements and has already been proposed in
order to meet the 12-month statutory deadline. Subpart A will
contain general information, such as applicability and
definitions. Subpart B will contain the allowance allocations,
and will be proposed before the statutory deadline of December
31, 1991. The central components of the allowance system,
including the tracking system (Subpart C), transfer requirements
(Subpart D), and allowances for conservation and renewable energy
(Subpart F), are contained in the core acid rain program
rulemaking package.
The tracking system, Subpart C, must be reliable and
efficient for a robust market of allowance trading. The tracking
subpart contains the requirements for allowance accounts and
subaccounts, allowance serialization, end-of-year allowance
compliance, dispute resolution procedures for account errors, and
public notice of account information.
Transfer requirements, Subpart D, must also be reliable and
efficient for a robust market of allowance trading. The transfer
subpart contains the recordation and notification provisions for
effecting the transfer of allowances.
Allowances for conservation and renewable energy, Subpart F,
are designed to encourage cost-effective pollution prevention as
a means of complying with the SO2 and nitrogen oxide emissions
reductions mandated by the CAAA. The proposed Subpart E contains
the application and verification procedures affected units must
follow to receive allowances from the Conservation and Renewable
Energy Reserve.
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ACID RAIN IMPLEMENTATION - ALLOWANCE
SYSTEM (CONTINUED
Thus, the proposed allowance rule sets forth the procedures
for establishing accounts, the procedures for the Environmental
Protection Agency (EPA) and account holders in operating the
account system, and the procedures for receiving allowances from
the Conservation and Renewable Energy Reserve.
Current Status
The bulk of the allowance system rule was proposed in the
Federal Register (FR) on December 3, 1991, as part of the core
acid rain program rulemaking package. The EPA expects to meet
the 18-month statutory deadline by publishing the final rule by
May 1992.
The auction and sale subpart of the allowance system rule
was proposed in the FR on May 23, 1991 (56 FR 23744-23759). The
allowance allocation subpart of the allowance system rule is
scheduled for proposal in the FR by April 31, 1992.
EPA Contact Person
Renee Rico (202) 260-5104
(FTS) 260-5104
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ACID RAIN IMPLEMENTATION - EXCESS EMISSIONS
Background
The Clean Air Act Amendments, section 411, sets forth the
consequences for an affected source failing to meet its emissions
limitations requirements. Specifically, the excess emissions
rule contains emissions offset planning requirements and excess
emissions penalties.
If an affected source exceeds its sulfur dioxide (S02) or
nitrogen oxides (NOX) emissions limitation for a given calendar
year, then the affected source must compensate by reducing its
emissions by the exceeded amount for the following year. The
applicable requirements for such cases are contained in the
emissions offset planning provisions. For affected sources that
exceed their SO2 emissions limitation, the offset planning
provisions require that the affected source return the
appropriate number of allowances to the Environmental Protection
Agency (EPA), in addition to providing the emissions offset plan
required for exceeding either S02 or NC^ emissions limitations.
The proposed rule also contains the excess emissions penalty
requirements. As specified in the statute, an affected source
must pay the EPA $2,000 per ton of excess emissions, as adjusted
annually using the consumer price index to account for inflation.
The excess emissions penalty provisions also contain the
requirements specifying payment procedures.
These requirements are designed to act as a strong incentive
for compliance with the mandated emissions reductions of the acid
rain program.
Current Status
The excess emissions rule was proposed in the Federal
Register on December 3, 1991 as part of the core acid rain
program rulemaking package. The statutory deadline for
publishing the final rule is May 1992.
EPA Contact Person
Rachel Hopp (202) 260-9307
(FTS) 260-9307
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ACID RAIN IMPLEMENTATION -
NITROGEN OXIDES (NOy) CONTROL
Background
The acid rain program addresses the annual average NOX
emissions rate requirements as a separate component of the
program. Specifically, certain coal-fired electric utility
boilers are required to reduce their emissions of NOX through
installation of low NO burners or their equivalent. The NOX
control rule, which will be the subject of future rulemakings,
will be codified in Title 40, Code of Federal Regulations,
Part 76.
These NOX provisions of the Clean Air Act apply to
tangentially and dry bottom wall-fired boilers in coal-fired
utility units. The proposed rule will establish annual allowable
NOX emission limitations. In addition, the proposed rule will
cover the use of less stringent alternative emissions
limitations, extensions of the January 1, 1995 deadline for
complying with the emissions limitations, and compliance through
averaging emissions among units.
Current Status
The Environmental Protection Agency (EPA) began to develop
the NO rule, with the help of the Acid Rain Advisory Committee,
in meetings held on July 30 through August 1, and August 27
through August 29, 1991. The NOX rule will be developed on an
accelerated schedule, with publication of the final rule as close
to May 1992 (the 18-month statutory deadline) as possible.
EPA Contact Person
Doris Price (202) 260-7928
(FTS) 260-7928
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ACID RAIN IMPLEMENTATION - OPT-IN RULE
Background
Because the acid rain program is designed to allow sources
to meet the mandated emissions reductions in the most cost-
effective manner possible, sulfur dioxides (SO2) sources not
explicitly affected by the Clean Air Act requirements (e.g.,
industrial sources) may elect to participate in the allowance
market by "opting-in" to the acid rain program. Opt-in sources
will then be subject to the core components of the acid rain
program, including permits and continuous emissions monitoring
requirements in addition to the allowance trading program.
Therefore, the opt-in rule, which will be the subject of a future
rulemaking will be based on the core acid rain program rulemaking
package.
Units that emit SO2 but are not affected by Phase I or Phase
II requirements of Title IV, and are, therefore, eligible to opt-
in to the acid rain program, include: existing small utility
units (25 MW or less), industrial boilers, some independent power
producers, simple combustion turbines, and process sources (those
sources which generate SO2 emissions from anything other than a
fossil fuel-fired combustion device).
The Environmental Protection Agency (EPA) must set emission
baselines and emission limitations for each opt-in applicant
based on operating data from 1985 to 1987, or if appropriate,
from alternative representative data. Allowances for opt-in
sources will be allocated only at the level that represents full
compliance with the emissions limitation requirements. Finally,
opt-in sources will be required to follow permitting requirements
as well as the continuous emissions monitoring requirements. The
proposed opt-in rule will address these issues.
Current Status
The EPA is developing the opt-in rule with the help of the
Acid Rain Advisory Committee. The opt-in rule will be developed
approximately 6 months behind schedule, with publication of the
final rule by December 1992.
EPA Contact Person
Julie Rosenberg (202) 260-2877
(FTS) 260-2877
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U.S.-CANADA BILATERAL AIR QUALITY AGREEMENT
Background and Current Status
The United States and Canada signed a bilateral air quality
agreement on March 13, 1991, when President George Bush traveled
to Ottawa to meet with Prime Minister Brian Mulroney. The
purpose of the agreement is to provide the two countries with a
practical and flexible formal mechanism to work on shared air
pollution problems. During the negotiations on the agreement,
the two countries agreed on a framework agreement that allows
work on a variety of air pollution problems, not just acid rain.
The agreement is composed of three parts: a main body and
two annexes—one on sulfur dioxide (SOj) and nitrogen oxides
(NOX), and one on scientific and technical activities and
economic research.
The main body of the agreement contains articles on a
variety of issues, including:
o General and specific objectives
o Assessment, notification, consultation, and mitigation
regarding sources of air pollution in each country that
might impact the other county in a significant manner
o The establishment of a bilateral Air Quality Committee
to assist in the implementation of the agreement
o Dispute resolution.
Annex I covers specific objectives concerning SO2 and NOX,
two major acid rain precursors. The annex contains specific
targets and timetables for reductions in the two pollutants from
both stationary and mobile sources from both countries. The U.S.
commitments mirror those found in the Clean Air Act (Act),
specifically, the implementation of an acid rain program aimed at
achieving a 10 million ton reduction of SO2 emissions and a
2 million ton reduction in NOV emissions from 1980 levels.
vt
The Canadian commitments incorporate elements of Canada's
acid rain control program, established in 1985, and commitments
to strengthen that program and adopt new programs to limit
emissions of NOX from both stationary and mobile sources. Canada
has agreed to:
o Establish a permanent national cap on S02 in the year
2000.
o Utilize emission estimation techniques that are
comparably effective to the use of continuous emission
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U.S.-CANADA BILATERAL AIR QUALITY AGREEMENT
(CONTINUED1
monitors (CEM's) (and to investigate the feasibility of
deploying CEM's on electric utility units).
o With respect to sources that could cause significant
transboundary air pollution, develop programs that
would afford protection of the environment in terms of
the prevention of significant deterioration and
visibility impairment comparable to the protection
afforded by the provisions in the Act.
The two countries recognize that their air pollution control
programs do not have to be identical, but they also recognize the
value of having programs in these areas that are comparably
effective.
Annex II covers scientific and technical activities and
economic research. In this annex, the two countries have agreed
to coordinate their air pollution monitoring networks, to use
compatible formats and methods, and to share information
regarding a variety of air emissions and pollution data. The
countries have also agreed to cooperate and exchange information
with respect to effects monitoring, research on human health and
ecological effects of air pollutants, atmospheric modeling,
control technologies, and their analysis of market-based
mechanisms, such as emissions trading.
EPA Contact Person
Dennis Leaf (202) 260-9306
(FTS) 260-9306
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FEDERAL AND STATE OPERATING PERMIT REGULATIONS
Background
Title V of the Clean Air Act (Act) requires the
Environmental Protection Agency (EPA) to promulgate regulations,
setting forth requirements for State operating permit programs.
Under Title V, States are responsible for submitting, by November
15, 1993, operating permit programs to EPA for approval.
Operating permit provisions would apply to all major sources
(generally over 100 tpy emissions, but smaller in more serious
nonattainment areas), sources subject to new source performance
standards or national emission standard for hazardous air
pollutants, sources for which prevention of significant
deterioration or new source review permits are required, sources
over 10 tpy of a single pollutant listed in section 112(b) (or
25 tpy of a combination of those pollutants), and such other
sources as may be added by rule.
The permits, which will be considered federally-enforceable
and subject to EPA approval, will address all applicable
requirements of the Act; will be renewable at 5-year or less
intervals; will contain compliance plans, reporting requirements,
and other procedures to ensure their effective implementation;
and will go through public participation procedures. Of critical
importance, is a permit fee requirement to fund the permitting
program. The presumptive amount of these annual fees is $25/ton
(1989 basis) per pollutant (excluding carbon monoxide), up to a
maximum of 4,000 tons per pollutant for each source. States not
submitting approvable programs or not implementing an approved
program could be subject to certain sanctions in their
nonattainment areas, including EPA promulgation of a program.
Current Status
The regulations implementing Title V were proposed in the
Federal Register (FR) on May 10, 1991 (56 FR 21712). The public
comment period for the proposal ended July 9, 1991. The Office
of Air Quality Planning and Standards gained considerable insight
into program design from numerous representatives of State and
local permitting agencies. Around 40 State or local agencies
also provided public comments on the proposal. The EPA is
currently analyzing the public comments which are of critical
importance in formulating the final regulatory requirements.
Future Milestones
We expect to publish the final guidance rules for State
permit programs in early 1992. Efforts are currently under way
to develop Federal operating permit regulations to be implemented
in the event a State fails to submit an approvable permit program
or fails to implement an approved program. Attention is also
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FEDERAL AND STATE OPERATING PERMIT REGULATIONS fCONTINUED^
beginning to be focused on training and guidance development as
the Agency looks ahead to assisting State and local agencies in
program development and in implementation strategies.
EPA Contact Person
Mike Trutna (919) 541-5345
(FTS) 629-5345
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MODEL OPERATING PERMITS FOR SOURCES OF PM-10 EMISSIONS
Background
The Clean Air Act (Act) requires the Environmental
Protection Agency (EPA) to provide guidance to State and local
agencies for control of particulate matter nominally 10 microns
or less (PM-10) emissions from both point and area sources.
As part of this guidance, the EPA has decided to develop
model operating permits for sources of PM-10 emissions. These
model permits will be applicable for both stack sources and
fugitive sources. These documents will be used to support
implementation of Title V of the Act which requires States to
adopt operating permit programs to be administered by State or
local air pollution control agencies.
The purpose of this project is to develop model operating
permit documents for the following industries and their
associated sources of PM-10 emissions.
Hot mix asphalt plants
Elemental phosphorous plants
Glass manufacturing
Gypsum processing and products
Grain milling
Lime kilns
Marine grain elevators
Nonferrous smelters
Nonmetallic minerals processing
Petroleum refineries
Portland cement plants
Pulp mills
Primary aluminum plants
Paint manufacturing
Raw materials handling
Steel mills
Utility boilers
In addition, model operating permit documents will be developed
for the following sources of lead PM-10 emissions.
Secondary lead smelting and refining plants
Lead acid battery manufacture
Secondary lead remelting and consuming plants
EPA Contact Persons
Mary Johnson (919) 541-5025
(FTS) 629-5025
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MODEL OPERATING PERMITS FOR SOURCES OF PM-10 EMISSIONS
(CONTINUED)
Steve Fruh (919) 541-2837
(FTS) 629-2837
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AIRS FACILITY SUBSYSTEM (APS) PERMITTING ENHANCEMENTS
Background
Title V of the Clean Air Act (Act) requires that operating
permits be issued to> stationary sources of air pollution
regulated under the various titles of the Act.
In order to achieve this requirement, Title V also requires
and sets out a schedule for development and approval of State
Operating Permit Programs. Once State/local agencies have
received approval of their operating permit programs by the
Environmental Protection Agency (EPA), they will be required to
issue operating permits and track each permittee's compliance
with all of the requirements set out in the permit.
In order to respond to the information needs which arise
from the implementation of Title V at all levels of government,,
the EPA is developing data system capability. This capability
will be a part of the Aerometric Information Retrieval System
(AIRS), and will be enhancing the existing capabilities of the
AFS.
Current Status
The AFS is currently operational on EPA's mainframe computer
center with telecommunications access capabilities for
State/local agencies. Permitting enhancements are currently in
the planning stage; the User Requirements Analysis will be
available by the end of January 1992. Design will commence at
that time. To support the early permitting needs of agencies, an
initial system will be developed on a fast-track. It is likely
that this will be a PC-based version.
Future Milestones
The User Requirements Analysis will serve as the plan upon
which we build permitting capability in AIRS.
Many agencies are improving their permitting systems to meet
the requirements contained in Title V of the Act. For these
cases, there is a need to know the data and format of the data
which EPA will require for national reporting. The guidance
document will help meet this need.
The AIRS already provides a structure for storing facility
information. Any required permitting information pertaining to
the structure of a facility will conform to or build on the
existing plant structure as contained in the AFS. Therefore,
parts of the AFS data dictionary will be included in the guidance
document.
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AIRS FACILITY SUBSYSTEM (AFS1 PERMITTING
ENHANCEMENTS (CONTINUED1
Additionally, AFS batch transaction formats and EPA
locational data policy will be included in the first guidance
document. We will continue to add to and improve this document
as we proceed.
EPA Contact Persons
Bill Frietsche (919) 541-5451
(FTS) 629-5451
Lillian Bradley (919) 541-5694
(FTS) 629-5694
125
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STATE SMALL BUSINESS STATIONARY SOURCE
TECHNICAL AND ENVIRONMENTAL COMPLIANCE ASSISTANCE PROGRAM
Background
Congress adopted Title V, section 507 of the Clean Air Act
(Act) for the purpose of ensuring that small businesses would
have access to the technical and compliance information necessary
to comply with the Act. Toward achieving this objective, section
507 includes requirements that apply to the States as well as the
Environmental Protection Agency (EPA). Section 507 requires each
State to submit a revision to the federally-approved State
implementation plan (SIP) by November 15, 1992 to establish the
SBAP. In general, the SBAP includes three key components: the
designation of a Stcite office to serve as ombudsman for small
businesses, the establishment of a small business assistance
program for providing technical and compliance assistance to
small businesses, arid the creation of a Compliance Advisory Panel
for determining the overall effectiveness of the assistance
program. To assist States in meeting the provisions of section
507, EPA is developing a guidance document entitled "Guidelines
for Implementation of Section 507 of the Clean Air Act
Amendments."
Current Status
On June 13, 1991, a Staff Work Product of the guidelines was
distributed to the work group and other interested indi/iduals.
On July 8, 1991, a notice of availability of the State guidelines
and the announcement of a public meeting was published in the
Federal Register (FR). The public meeting was held on July 23,
1991. The comment pieriod was open for 30 days after the public
meeting.
Future Milestones
The final State guidelines were issued in February 1992. A
notice of availability of the final guidelines will be published
in the FR. The EPA intends to provide assistance to the States
through the Regional Offices in preparing the SIP revision to be
submitted by November 1992.
EPA Contact Person
Racqueline Shelton (919) 541-0898
(FTS) 629-0898
126
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BAN OF NONESSENTIAL USES
Background
On August 12, 1988, the Environmental Protection Agency
(EPA) promulgated, in the Federal Register (FR) (53 FR 30566),
regulations implementing the original phaseout requirements of
chemicals controlled by the Montreal protocol on substances that
deplete the ozone layer. In response to subsequent amendments to
the protocol and Title VI of the Clean Air Act (Act), the EPA is
required to promulgate additional regulations accelerating the
phaseout of Class I (chlorofluorocarbons, halons, methyl
chloroform and carbon tetrachloride) and Class II
(hydrochlorofluorocarbons) ozone-depleting substances and
limiting their end uses. Among the end-use restrictions required
by Title VI is a ban of nonessential uses of ozone-depleting
substances (section 610). The EPA is required by section 610 to
prohibit the sale or distribution of noise horns, party
streamers, noncommercial solvent and photographic cleaners as
well as any product releasing class I ozone-depleting substances
that meets the statutory criteria for determining
nonessentiality.
Current Status
The rulemaking package, proposing to ban nonessential uses
of ozone-depleting substances, is expected to be published in the
FR in January 1392. The ban will be effective 1 year later.
Future Milestones
Effective January 1, 1994, section 610 prohibits the sale or
distribution of aerosols and foams releasing Class II ozone-
depleting substances. The EPA is authorized to make limited
exemptions to this prohibition. The EPA plans to promulgate
regulations implementing the ban on class II products and
additional prohibitions on Class I products (if any) before the
1994 effective date.
EPA Contact Person
Daniel Blank (202) 260-8894
(FTS) 260-8894
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LABELING
Background
On August 12, 1988, the Environmental Protection Agency
(EPA) promulgated, in the Federal Register (53 FR 30566),
regulations implementing the original phaseout requirements of
chemicals controlled by the Montreal protocol on substances that
deplete the ozone layer. In response to subsequent amendments to
the protocol and Title VI of the Clean Air Act, the EPA is
required to promulgate additional regulations accelerating the
phaseout of Class I and Class II ozone-depleting substances and
limiting their end uses. Among the end-use restrictions required
by Title VI is labeling of containers and products containing or
manufactured with ozone-depleting substances (section 611).
Section 611 requires all such containers and products to bear a
specific warning label.
Current Status
The EPA has developed the proposed regulation to implement.
the labeling requirement of section 611. The rulemaking package
is currently undergoing the Office of Management and Budget
review.
Future Milestones
In addition to Labeling requirements for Class I chemicals,
section 611 requires labels on products made with, or containing,
Class II chemicals after May 15, 1992.
EPA Contact Person
Daniel Blank (202) 260-8894
(FTS) 260-8894
128
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SERVICING OF MOTOR VEHICLE AIR CONDITIONERS
Background
Section 609 of the Clean Air Act (Act) establishes an
important new statutory structure to control the release of
refrigerant from motor vehicle air conditioners into the
atmosphere. After January 1, 1992, any person repairing or
servicing motor vehicle air conditioners for consideration must
properly use approved refrigerant recycling equipment. All
persons performing service must be properly trained and
certified. The January 1, 1992 effective date is delayed for
1 year for small volume shops—entities that serviced less than
100 motor vehicle air conditioners during 1990. The EPA will
establish standards for refrigerant recycling equipment, for
proper use of such equipment, and for the certification of
technicians. The Act requires the standards be at least as
stringent as certain voluntary standards developed by industry in
a voluntary program over the last 2 years.
Section 609 also prohibits the sale or distribution in
interstate commerce of any Class I or Class II substance suitable
for use in a motor vehicle air-conditioning system in containers
under 20 pounds. The only exception is for sales or distribution
to certified technicians.
Current Status
The proposed rule for servicing of motor vehicle air
conditioners was officially submitted for the Office of
Management and Budget review under Executive Order 12291 and the
Paperwork Reduction Act on June 19, 1991.
Future Milestones
The regulations are effective January 1, 1992. The Agency
will develop standards for recovery-only machines this fall.
Section 609 requires EPA to develop regulations to
recover/recycle any refrigerant from mobile air conditioners
within 5 years.
EPA Contact Person
Lena Nirk (202) 260-7411
(FTS) 260-7411
129
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CHLOROFLUOROCARBONS CCFC'S^ PHASEOUT
Background
In August 1988, the Environmental Protection Agency (EPA)
issued its final rule implementing the Montreal protocol on
substances that deplete the ozone layer. The purpose of the
Montreal protocol is to limit the production and consumption of
chemicals known to contribute to the depletion of the
stratospheric ozone layer. The EPA controls the production and
consumption of these chemicals by issuing to companies allowances
or permits that are expended in the production and importation of
these chemicals.
The 1988 rule required firms to reduce their production of
CFC's by 50 percent of their 1986 levels by 1998 and froze the
production of halons at 1986 levels beginning in 1992. In
addition to these production limits, the rule requires a similar
reduction in CFC and halon consumption, defined as production-
plus imports minus exports.
The parties to the Montreal protocol met in June 1990 to
revise the protocol requirements based on additional evidence
that indicated that significant depletion of ozone has occurred
over the last 20 yea.rs. The parties agreed to add methyl
chloroform and carbon tetrachloride to the list of ozone-
depleting substances and to require the phaseout of all ozone-
depleting substances by the year 2000 (2005 for methyl
chloroform).
In the Clean Air Act (Act), Congress included stringent
requirements for controlling ozone-depleting substances. For the
substances covered by the revised protocol's measures, Title VI
of the Act calls for deeper interim reductions and an earlier
phaseout date (2002 instead of 2005) for methyl chloroform. It
also contains
requirements for trades between chemicals, companies, and
parties. Production is controlled on a calendar year basis.
Current Status
On March 6, 1991, EPA published in the Federal Register (FR)
(56 FR 9518) temporary regulations to implement the 1991 limits
on the production and consumption of ozone-depleting chemicals
required by section 604 of the Act.
The EPA has completed a draft proposal for regulations
implementing sections 603, 604, 607, and 616 of the Act for 1992
and later. The proposal is expected by February 1992.
The rule will implement the phaseout schedule set forth by
section 604. In 1992, production and consumption of CFC's and
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CHLOROFLUOROCARBONS CCFC'S) PHASEOUT (CONTINUED)
halons would be limited to 80 percent of the baseline level,
methyl chloroform would be frozen at the baseline level of
67 percent, and carbon tetrachloride would be reduced to
90 percent of its baseline. The limits on the production and
consumption of ozone-depleting chemicals are gradually tightened
until 2000 (2002 for methyl chloroform), when the chemicals are
to be phased-out. An additional cap on production and
consumption to ensure compliance with the protocol's somewhat
different requirements is also proposed.
Section 607 requires that any trade between chemicals or
companies results in less overall production or consumption than
would have occurred absent the trade.
Section 604 permits production in excess of the amount
otherwise allowed in order to supply the basic domestic needs of
developing countries that are operating under article 5 of the
protocol. Section 616 authorizes EPA to issue regulations
providing for trades of allowable production with other protocol
parties.
Future Milestones
January 1, 1992 - Effective date of final regulations
June 19!)2 - Meeting of the parties to the Montreal protocol
scheduled to discuss if additional action is needed
EPA Contact Person
David Lee (202) 260-1497
(FTS) 260-1497
131
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NATIONAL RECYCLING AND EMISSIONS REDUCTION PROGRAM
Background
Section 608 of the Clean Air Act (Act) requires the
Environmental Protection Agency (EPA) to develop regulations that
limit emissions of ozone-depleting compounds during their use and
disposal to the lowest achievable emissions level (LAEL) and that
maximize recycling. Regulations for refrigerants used or
disposed of during servicing, repair, or disposal of air
conditioning and refrigeration equipment were due on January 1,
1992 and become effective July 1, 1992. Also effective on July
1, 1992 is a prohibition on venting of refrigerants during
servicing and disposal. The LAEL regulations for ozone-depleting
compounds in other uses are due by November 1994.
The EPA's first set of regulations under section 608 will
focus on recycling refrigerants at servicing and disposal. The
Agency is currently developing the proposal that may include
technician and equipment certification programs as well as
recordkeeping requirements. In addition, EPA may set up a fee-
deposit program to provide an additional economic incentive to
recycle.
A second set of regulations under section 608 will focus on
reducing refrigerant emissions during other parts of the life-
cycle of air conditioning and refrigeration equipment in those
sectors where such emissions are significant. Controls might
include leak resistant equipment and leak detection and repair.
The third set of regulations under section 608 may include
sector-by-sector phaseout of ozone-depleting chemicals; the Act
defines LAEL to include the use of substitutes.
Current Status
The EPA is currently developing regulations to require
recycling of refrigerants at servicing and disposal.
Future Milestones
The EPA plans to propose its recycling requirements in the
fall. Section 608 required that EPA publish the final rule by
January 1, 1992, and the rule becomes effective on July 1, 1992.
EPA Contact Person
Deborah Ottinger (202) 260-4491
(FTS) 260-4491
132
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SAFE ALTERNATIVES PROGRAM (SAF)
Background
On August 12, 1988, the Environmental Protection Agency
(EPA) promulgated in the Federal Register (53 FR 30566),
regulations implementing the original phaseout requirements of
chemicals controlled by the Montreal protocol on substances that
deplete the ozone layer. In response to subsequent amendments to
the protocol and Title VI of the Clean Air Act (Act), EPA is
required to promulgate additional regulations accelerating the
phaseout of Class I (chlorofluorocarbons, methyl chloroform,
halons, and carbon tetrachloride), and Class II
(hydrochlorofluorocarbons) ozone-depleting substances and
limiting their end uses. Title VI (section 612) also requires
EPA to establish a SAF, which will evaluate substitutes that will
be introduced as alternatives to the ozone-depleting chemicals
being phased out.
Section 612, which will be referred to as the Significant
New Alternatives Policy (SNAP) program, requires the Agency to
ban the use of substitutes (defined as chemicals, substitute
products, or alternative manufacturing processes) that pose
adverse effects to human health and the environment if other more
acceptable alternatives are available. The SNAP program will
evaluate both existing and new alternatives which are currently
or potentially available.
Current Status
The EPA has prepared an advanced notice of proposed
rulemaking for the SNAP program.
Future Milestones
Promulgation of the rulemaking for the SNAP program is
required by November 15, 1992.
EPA Contact Person
Elaine Haemisegger (202) 260-9961
(FTS) 260-9961
133
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MONETARY AWARDS RULE
Background
In the Clean Air Act (Act), Congress granted new authority
to the Environmental Protection Agency (EPA) to pay an award, not
to exceed $10,000, to any person who furnishes information or
services which lead to a criminal conviction or a civil penalty
for any violation under the Act. Section 113(f) also authorizes
the Administrator to prescribe, by regulation, additional
criteria for eligibility for such an award. A regulation will
address eligibility, confidentiality, criteria for payment of an
award, and nominations for awards. Work group closure occurred
on December 18, 1991.
Future Milestones
Publication of the proposal in the Federal Register is
expected in May 1992. Final promulgation is expected in March
1993.
EPA Contact Person
Clara Poffenberger (703) 308-8709
(FTS) 398-8709
134
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ADMINISTRATIVE PENALTIES RULES OF PRACTICE
Background
The Clean Air Act (Act) provides the Administrator the
authority to administratively assess penalties for a wide variety
of violations of the Act. As required by Titles II and VII of
the Act, the Environmental Protection Agency (EPA) must provide
opportunity for a hearing, in accordance with the Administrative
Procedure Act (APA), prior to issuing an administrative penalty
order. The EPA is proposing that the Consolidated Rules of
Practice (CROP), at 40 Code of Federal Regulations (CFR), Part
22, be used as the procedural framework for administrative
penalty assessment under the Act. The EPA's CROP govern the
assessment of administrative penalties under other statutes
administered by EPA that are subject to the requirements of the
APA. Use of the CROP allows EPA to implement the administrative
penalty authority with uniform hearing procedures that satisfy
the procedural requirements established by the Act.
In order to promulgate these procedures and institute
administrative enforcement actions, the Title VII work group has
drafted regulations that insert Act Title II and Title VII
administrative hearings into the existing CROP. Specifically,
the draft regulations revise the authority and scope provisions
of the CROP to include administrative penalty hearings brought
under Act sections 205(c), 211(d) (for Title II), and 113(d)(l)
(for Title VII). The regulations also establish new sapplemental
CROP rules (at 40 CFR, section 22.42) for Title VII hearings in
order to satisfy statutory notice requirements, provide the
presiding officer with subpoena power, and govern the payment of
witness fees. Similarly, the regulations amend Title II's
existing supplemental CROP rules (40 CFR, section 22.34) to
achieve these same ends.
Current Status
The Notice of Proposed Rulemaking was published in the
Federal Register on July 22, 1991. The final regulation has been
drafted and is being forwarded to all of the Assistant
Administrators for comment.
Future Milestones
Promulgation of the Administrative Penalties Rules of
Practice is scheduled to occur in February 1992.
EPA Contact Person
Scott Throwe (703) 308-8699
(FTS) 398-8699
135
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FIELD CITATION REGULATIONS
Background
The Clean Air Act allows the Environmental Protection Agency
(EPA) to implement a field citation program for minor violations.
Penalties for these violations are not to exceed $5,000 per day
of violation. Citations are to be issued by EPA officers or
employees. Recipients of citations can request hearings to
discuss the citations.
Current Status
The work group is discussing violation categories,
penalties, application of penalty assessment criteria, delegation
of authority, citation issuance, training, hearing procedures,
and prehearing procedures.
Future Milestones
The regulation is scheduled for proposal in June 1992 and
for promulgation in April 1993.
EPA Contact Person
Barrett Parker (703) 308-8695
(FTS) 398-8695
136
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RULES FOR CITIZENS/ SUITS
Background
The Clean Air Act (Act) made significant changes to the
Citizen Suit provisions of the Act. A new regulation will
replace the existing Act citizen notice regulation promulgated in
1971, and it will incorporate changes in the citizen notice
practice made by the Act. To facilitate issuance of notices, the
new regulation will conform more closely to the recent notice
provisions of other environmental statutes. The work group is
also discussing the potential uses of the new penalty fund; and
how the EPA should comment on proposed consent decrees and
statutorily-permitted mitigation projects.
Current Status
Work group closure occurred on January 8, 1992. The
proposed rule will be submitted to the Office of Management and
Budget shortly.
Future Milestones
The regulation is expected to be proposed in the Federal
Register in May 1992. Final promulgation is expected in March
1993.
EPA Contact Persons
Steve Viggiani (202) 260-2842
(FTS) 260-2842
Clara Poffenberger (703) 308-8709
(FTS) 398-8709
137
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CONTRACTOR LISTING
REGULATION AMENDMENTS WORK GROUP
40 CFR PART 51
Background
The Clean Air Act, section 306, prohibits any Federal agency
from entering into any contract with any person who is convicted
of any offense under section 113(c). The prohibition shall
continue until the Administrator determines that the violation
giving rise to the conviction has been corrected. The
Administrator has discretionary authority to extend this
prohibition to other facilities owned or operated by the
convicted person.
Current Status
Draft regulations have been developed and circulated to the
work group to be revised as appropriate.
Future Milestones
Publication of the proposed rule is scheduled for May 1992.
Promulgation is scheduled for March 1993.
EPA Contact Persons
Jon Cole (202) 260-8781
(FTS) 260-8782
Tracy A. Gipson (202) 260-8780
(FTS) 260-8780
Marie Muller (703) 308-8690
(FTS) 398-8690
138
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COMPLIANCE CERTIFICATION RULEMAKING
Background
The Clean Air Act (Act) requires the Environmental
Protection Agency (EPA) to develop regulations that provide
guidance to major stationary sources of air pollution for
installing enhanced monitoring systems and for periodically
certifying their compliance with air quality standards. These
requirements will be published in 40 Code of Federal Regulations,
Part 64, and will be implemented by the States through their
Title V operating permit programs. The Part 64 rule will require
major sources to monitor their emissions as continuously as
possible for the purpose of using that information as the basis
of their compliance certification. If it is not possible for a
source to directly monitor their emissions, a substitute such as
surrogate or parameter monitoring is allowable as long as the
permit includes enforceable certifications conditions.
Current Status
The rulemaking work group has conducted several work group
meetings since its establishment on February 6, 1991. Data on
monitoring and certification conditions used in State permit
programs have been gathered and a more comprehensive survey of
four States has been initiated.
Future Milestones
The Part 64 proposal package is scheduled to be published in
the Federal Register in February 1992 and promulgated in November
1992. The draft proposal package will be distributed to work
group members in September 1992. To support the development of
the draft rule, these products will be completed by the end of
August 1991: (l) State survey final report, (2) draft Regulatory
Impact Analysis and Regulatory Flexibility Analysis, and (3)
draft Information Collection Requirements.
EPA Contact Person
Steve Rapp (703) 308-8697
(FTS) 398-8697
139
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IMPACT STUDY ON VISIBILITY
Background
The Clean Air Act (Act) requires that by November 15, 1992,
the Administrator shall conduct an assessment of the progress and
improvements in visibility in Class I areas that are likely to
result from the implementation of the provisions of the Act other
than provisions designed specifically to protect visibility in
Class I areas (sections 169A and 169B). In addition, the Act
requires that for every 5 years, thereafter, the Administrator
shall conduct an assessment of actual progress and improvement in
visibility in Class I areas. The Administrator must prepare a
written report on each assessment and transmit copies of these
reports to the appropriate committees of Congress.
Current Status
The work plan for the study has been completed.
Future Milestones
The first draft of the report is expected in April 1992.
The report will utilize current assessments of visibility
changes, such as the National Acidic Deposition Assessment
Program reports. In addition, available emission change
assessments for other pollutants, which contribute to visibility
impairment, will be used "o generate visibility changes expected
from control of nonsulfur pollutants.
EPA Contact Person
Bruce Polkowsky (919) 541-5532
(FTS) 629-5532
140
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TRANSPORT COMMISSIONS AND NAVAJO RULEMAKING
Background
Transport Commissions
Section 169B of the Clean Air Act (Act) provides for the
establishment of visibility transport commissions when the
Administrator of the Environmental Protection Agency (EPA)
determines that they are appropriate or when two or more
Governors of the affected States petition the Administrator for
the establishment of a commission. The purpose of the
commissions is to evaluate the transport of pollutant into
protected national parks and wildernesses and to recommend
corrective action to the Administrator. Section 169B(f) requires
the establishment of a Grand Canyon Visibility Transport
Commission.
Navajo Generating Station Rulemaking
On December 2, 1980, EPA promulgated regulations to
implement a portion of section 169A of the Act which was added to
the Act in 1977. Those regulations required the States to adopt
and submit State implementation plans (SIP's) to prevent future
visibility impairment from new sources, to monitor existing
conditions, to develop long-term strategies for remedying
existing impairment, and to address impairment which was
identified by the Federal land manager (FLM) for the area and is
reasonably attributable to a single source or a small group of
sources. The Environmental Defense Fund (EOF) sued EPA because
35 States, including the State of Arizona, failed to submit their
SIP's. Under a court-sanctioned settlement agreement with EOF,
EPA has promulgated Federal implementation plans (FIP's) for
those States which failed to submit their SIP's by revised
deadlines. The EPA has promulgated the FIP's in several parts;
new source review regulations and monitoring programs first,
long-term strategies second, and then actions on existing
impairment which were identified by the FLM's. The final actions
required by the settlement agreement involved addressing
visibility impairment in the Grand Canyon National Park which is
attributable to the Navajo Generating Station in Page, Arizona.
In the winter of 1987, the National Park Service conducted a
tracer study in the Colorado Plateau area which includes the
Grand Canyon National Park and the Navajo Generating Station. As
a result of that study, on September 5, 1989, EPA proposed to
attribute a portion of the wintertime visibility in the Grand
Canyon National Park to the Navajo Generating Station, on
February 8, 1991, EPA then proposed to require the source to
reduce its emissions.
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TRANSPORT COMMISSIONS AND NAVAJO RULEMAKING (CONTINUED1
Current Status
Transport Commissions
The Administrator established the Grand Canyon Visibility
Transport Region to include all or part of the following States:
Arizona, California, Colorado, Nevada, New Mexico, Oregon, and
Utah. The Administrator invited the Governors of those States
and heads the of the National Park Service, Bureau of Land
Management, and U.S. Forest Service or their representatives to
join the Regional Administrator from Region IX and the Assistant
Administrator for Air and Radiation on the Grand Canyon
Visibility Transport Commission. At its first meeting the
Commission adopted by-laws, elected officers including Governor
Fife Symington of Arizona as Chairman, and requested a committee
of Federal and State representatives develop a draft work plan
for the Commission.
Navajo Generating Station Rulemaking
After the close of the official comment period, at EPA's
suggestion, representatives of the Salt River Project (SRP) on
behalf of the owners, and representatives of Grand Canyon Trust
(GCT) and EOF on behalf of the environmental organizations, held
several meetings to negotiate a compromise plan. As a result of
those meetings, representatives of SRP, GCT, and EOF signed a
memorandum of understanding which recommends that EPA adopt a
plan with the following elements:
A sulfur dioxide emission limit of 0.10 Ibs/MMBtu of
heat input with compliance determined on an annual
rolling aveirage basis
The emission limitation to be phased in by unit in
1997, 1998, and 1999
The Navajo Generating Station would conduct 6 weeks of
scheduled maintenance during the winter months.
A final rule based upon the agreement was announced by
President George Bush on September 18, 1991 and was published in
the Federal Register on October 3, 1991.
On December 2, 1991, the Central Arizona Water Conservation
District (CAWCD) petitioned the U.S. Court of Appeals to review
the rule. The CAWCD receives water pumped by electricity
produced by the Navajo Generating Station.
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TRANSPORT COMMISSIONS AND NAVAJO RULEMAKING (CONTINUED)
Future Milestones
Transport Commissions
The committee which is developing the draft work plan for
the Commission expects to release it for public comment in early
February and hold a public meeting on it in late February 1992.
The plan is to be presented at the next Commission meeting
scheduled for March 1992.
Navajo Generating Station Rulemaking
The Navajo Generating Station is starting the design and
procurement of the equipment necessary to meet the new
requirements.
Written arguments in the CAWCD appeal of the final rule are
expected to occur in 1992, but no date has been set.
EPA Contact Person
Dave Stonefield (919) 541-5350
(FTS) 541-5350
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EMISSION FACTOR REVIEW
Background
Section 804 of the Clean Air Act (Act) requires that the
Administrator will review, and if necessary, revise, the methods
(emission factors) used to estimate the quantity of emissions of
carbon monoxide, volatile organic compounds, and nitrogen oxides.
The review is required within 6 months of enactment and at least
every 3 years, thereafter. Emission factors are also to be
established for sources for which no such methods have previously
been established by the Administrator. Section 804 also mandates
public participation procedures in that the Administrator shall
permit any person to demonstrate improved emissions estimating
techniques and shall authorize the use of such techniques after
review and approval.
Current Status
The Environmental Protection Agency (EPA) solicited input
for the initial 6-month review via a notice which was mailed to
600 State and local agencies, environmental organizations and
trade associations in February 1991. The EPA received comments
and materials regarding several sections of the Compilation of
Air Pollutant Emission Factors (AP-42), which could not be
addressed in the initial 6-month time frame. The 6-month
deadline was met by sending a notice of the availability of draft
revisions to 27 AP-42 sections to the 600 organizatiors in mid-
May. Comments on the; draft sections were requested by July 15,
1991. Comments have been received from several of the Regional
Offices and a few treide associations.
Seven of the sections are new or significantly revised. The
other 20 sections involve minor editorial corrections only. The
seven sections with riajor revisions are Residential Fireplaces;
Residential Wood Stoves; Wastewater Collection, Treatment, and
Storage; Polystyrene;' Portland Cement Manufacturing; Wet Cooling
Towers; and Industrial Flares.
Future Milestones
The 27 sections were finalized as Supplement D to AP-42
Volume I in October 1991. The review and revision process will
be established on an ongoing 3-year cycle. Updates will be made
to AP-42 as information becomes available, probably on a yearly
basis.
EPA Contact Person
Ron Ryan (919) 541-4330
(FTS) 629-4330
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EMISSION FACTOR REVIEW fCONTINUED1
The draft AP-42 Sections are available in WordPerfect format via
the Office of Air Quality Planning and Standards' Technology
Transfer Network on the Clearinghouse for Inventories Emission
Factors bulletin board system.
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U.S.-MEXICO BORDER AIR QUALITY STUDIES
Background
The 1983 United States-Mexico Border Environmental Agreement
established American and Mexican National Coordinators to
supervise enhanced, cooperative border environmental studies. An
air work group was formed to facilitate technology transfer and
project planning; this was composed of representatives from the
Environmental Protection Agency's (EPA's) Regions VI and IX, the
State of Texas, the City-County of San Diego, the City of El
Paso, and EPA's Mexican counterpart, the Secretariat of Urban
Development and Ecology (SEDUE). Annex IV to this 1983 Border
Agreement was approved by each country in January 1987 and
resulted in additional emission controls or production
limitations on two essentially uncontrolled Mexican copper
smelters near the Arizona border.
The two countries approved Annex V to the 1983 Agreement in
October 1989; this annex legally commits both countries to
performance of air monitoring, emissions inventorying, and air
modeling to identify the most efficient and acceptable control
strategies to combat international urban air pollution transport
along the border. Stimulated by FY 1989 and FY 1990 special
Congressional allocations, field studies took place in El Paso,
Texas-Ciudad Juarez, Chihuahua, Mexico in February 1989, December
1989, September 1990, December 1990, and April 1991 and have
included LIDAR flights, visibility and particulate matter
nominally 10m and less (PM-10)/PM-25) sampling, long- and short-
term meteorological studies for windfield model evaluations, the
establishment of a long-term Juarez air monitoring network (PM-
10: four sites; ozone: two sites; carbon monoxide: two sites;
meteorology: two sites), and emissions inventorying of Juarez
mobile, stationary, and area sources. El Paso-area ambient
problems include those for ozone, carbon monoxide, and PM-10.
Annex V is currently being modified to include San Diego-Tijuana
and Mexicali-Imperial County, California, in addition to the El
Paso-Ciudad Juarez emphasis area.
In the Mexicali-Imperial County area, an EPA contractor has
prepared a study protocol for PM-10 receptor modeling on each
side of the border. This protocol provides for study start-up in
fall 1991. In Tijuana, SEDUE has agreed to establish a long-term
monitoring station at a local university campus to provide the
first baseline air quality information from that city.
Action plans for air quality improvement in each of these
three border areas have been included in the EPA-SEDUE document
"Integrated Environmental Plan for the Mexico-U.S. Border Area."
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U.S.-MEXICO BORDER AIR QUALITY STUDIES fCONTINUED1
Current Status
In El Paso-Ciudad Juarez, the long-term monitoring network
(begun in June 1990) continues operation at four locations in
Juarez. The Juarez stationary source emissions inventory work
continues, while the EPA Office of Mobile Sources is assisting
Region VI in using the MOBILE model to calculate Juarez fleet
emissions factors. The EPA Region VI contractors are evaluating
whether dispersion or receptor models are appropriate to simulate
air quality in El Paso-Ciudad Juarez and what type of windfield
model is applicable, if dispersion modeling is used.
In Tijuana, the first air quality monitoring station is
operating in an experimental mode. The roles of the
participating agencies have been defined as follows: SEDUE—site
location and daily operation; EPA—instrumentation, funding, and
overall coordination; California Air Resources Board (GARB)—
provide periodic quality assurance; and San Diego Air Pollution
Control District (SDAPCD)—provide weekly quality assurance and
routine maintenance. The EPA, SEDUE, CARB, and SDAPCD have also
been meeting to discuss the reduction of motor vehicle emissions
in the San Diego/Tijuana border area with particular emphasis on
those vehicles used for commuting on a regular basis from Tijuana
to San Diego.
In Mexicali-lmperial County, a study plan has been developed
to acquire chemically speciated measurements at sources and
receptors, and to apply receptor models to apportion PM-10 to its
sources. The EPA and SEDUE are working with a contractor, the
Desert Research Institute, as well as the Imperial County Air
Pollution Control District and CARB. The EPA is currently
securing a contractor to begin implementation of the study plan.
Future Milestones
For El Paso-Ciudad Juarez, the following are milestones
through FY 1992:
1. Performance of a vehicle miles traveled study in Juarez
(10/91-4/92)
2. Determination of whether to use dispersion and/or
receptor models (6/91-10/91)
3. Determination of what type of windfield model to use in
dispersion modeling (11/91)
4. Continue operation of long-term Juarez inventory
(through 9/92)
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U.S.- MEXICO BORDER AIR QUALITY STUDIES (CONTINUED1
5. Refine Juarez stationary source, area source inventory
and obtain final mobile source inventory (through 9/92)
6. Installation of voltage controllers on Juarez ambient
samplers/monitors (through 9/92)
7. Performance of visible emissions and combustion
evaluation training for SEDUE personnel (9/91-3/92)
8. Performance of stack testing for selected Juarez sources
and related training for SEDUE engineers (2/92-9/92)
9. Provision of support to SEDUE on the Inspection and
Maintenance (I/M) program start-up (through 9/92).
For Tijuana-San Diego, future plans include:
1. The accumulation and analysis of data from the existing
monitoring station
2. The development of three additional Tijuana monitoring
sites (as proposed in the IBEP)
3. The development of a strategy to reduce motor vehicle
emissions with a particular emphasis on those vehicles
used for commuting on a regular basis from Tijuana to
San Diego.
For Mexicali-Imperial County, future plans include:
1. Estimation of the spatial and temporal distribution of
PM-10 concentrations in Mexicali and Imperial County
2. Apportion PM-10 concentrations to source emissions
3. Estimate cross-border fluxes of PM-10
4. Finalize control strategy
5. Implement a control strategy.
EPA Contact Persons
Jim Yarbrough Region VI (214) 655-7214
(FTS) 255-7214
Bill Jones Region IX (415) 744-1196
(FTS) 484-1196
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QUALITY ASSURANCE AUDIT REQUIREMENTS FOR EMISSION TESTING
Background
The Environmental Protection Agency (EPA) has been leading
an effort to place renewed emphasis on the test method
performance audit program. Many of the test methods in 40 Code
of Federal Regulations, Part 60, currently contain a performance
audit requirement. Audit materials for these and other test
methods are available from EPA through the Quality Assurance
Division of the Atmospheric Research and Exposure Assessment
Laboratory. Results of EPA surveys indicate that State agencies
are not applying the audit requirement consistently. Most State
agencies do not require audit sample analysis if the method or
regulation does not specifically call for an audit, even if the
audit material is available. The EPA Regional Office oversight
of State and local audit programs is also haphazard. Most
Regional Offices have directed States to implement compliance
test auditing, but have not followed up this directive with the
needed guidance and oversight.
Current Status
The Stationary Source Compliance Division and the Technical
Support Division of the Office of Air Quality Planning and
Standards co-authored a memorandum dated May 22, 1991 to the
Directors and Branch Chiefs of the Regional Air Offices. The
memorandum expressed concerns with the current audit programs and
urged the Regional Directors to take the steps necessary in order
to remedy the situation. The audit program has also been a topic
of discussion at the Emission Measurement Technical Information
Center workshops in Chicago and Los Angeles, as well as the Air
Quality Management Training Workshop in Greensboro, North
Carolina.
Future Milestones
The EPA will continue to encourage the placement of
performance audit requirements in upcoming regulations relating
to the Clean Air Act Amendments of 1990. The EPA plans to
include audit requirements when developing future test methods
and when amending current test methods.
EPA Contact Person
Rima Dishakjian (919) 541-0443
(FTS) 629-0443
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AREA AND MOBILE SOURCE SUBSYSTEM fAMS)
Background
The Aerometric Information Retrieval System (AIRS) serves as
the Environmental Protection Agency's (EPA's) principal
management information system for air pollution data. The AIRS
consists of a number of subsystems. The AIRS AMS is being
developed to calculate, store and retrieve emissions estimates
for area and mobile sources. With the passage of the Clean Air
Act (Act), an area and mobile source system is necessary to
support Title I of the Act. The system will need to store area
and mobile source emissions data reported by State/local agencies
and provide comprehensive capabilities for tracking of agency
reporting and inventory approval status.
Current Status
The AMS, when completed, will be operational on the
Environmental Protection Agency's (EPA's) mainframe computer
center with telecommunications access capabilities for
State/local agencies. The AMS is presently in the design stage.
The design effort began in 1990 with the development of a
detailed user requirements analysis. To support the early needs
of State/local agencies who must prepare and submit to EPA
area/mobile source inventories for ozone and carbon monoxide
nonattainment areas, an initial PC-based version of AMS was
developed. Distribution to users was made during July and August
1991.
Future Milestones
The initial version of the PC-based AMS will permit State/
local agencies to enter data into the system and transmit it
to EPA in 1992 when the inventories are due and when the AMS
mainframe system will be operational. Additional upgraded
versions of the personal computer system will be released in
early 1992. For the AMS mainframe system, the physical data base
design document and the detailed system specifications document
will be completed in August. Additional detailed program
specifications and program coding activities will be completed
over the next 18 months. The key milestones to be achieved are
to have the "State side" of AMS operational by May 1992 and the
"EPA side" operational by November 1992. The "State side" will
store State-submitted data for State implementation plan emission
inventories. The "EPA side" will provide the EPA the capability
to calculate and store nationwide estimates of area and mobile
source emissions on a county-by-county basis.
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AREA AND MOBILE SOURCE SUBSYSTEM (AMS1 (CONTINUED')
EPA Contact Persons
Andrea Kelsey AMS mainframe (919) 541-5549
(FTS) 629-5549
Chuck Mann AMS data issues (919) 541-5696
(FTS) 629-5696
John Ackermann AMS PC system (919) 541-5687
(FTS) 629-5687
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STATEWIDE SUBMITTAL OF ANNUAL POINT SOURCE EMISSION DATA
Background
Since 1979, Environmental Protection Agency (EPA)
regulations (40 Code of Federal Regulations 51.321-3) have
required the States to provide EPA with statewide emission data
for major stationary point sources. Data for the previous
calendar year are due by the following July 1. The pollutant
emission threshold for defining major sources for this notice are
as listed.
total suspended particulates (TSP) > 100 tons/year
sulfur dioxide > 100 tons/year
nitrogen oxides > 100 tons/year
volatile organic compounds > 100 tons/year
carbon monoxide (CO) > 1,000 tons/year
lead > 5 tons/year
The TSP requirement has been replaced with a requirement for
submittal of particulate matter emissions with no change in the
threshold limit.
For Regional modeling and general purposes, States are
encouraged to submit point source data for CO sources > 100 tons
per year.
Current Status
The AIRS Facility Subsystem (AFS), which houses the point
source data, has been enhanced to better and more efficiently
handle these submissions. For all of the Eastern U.S. and for
much of Regions VI and VII, updated data on sources outside of
the nonattainment areas will be critical to joint Office of Air
Quality Planning and Standards-Regional Office applications of
the Regional Oxidant Model planned for 1992 to 1993. For all
areas, EPA regularly uses point source data for budget and
program planning, national assessments such as trends, and for
answering Freedom of Information Act requests and Congressional
inquiries. It is essential that the data be current,
comprehensive, and accurate. A review in May showed that only
39 percent of the data represented the past 3 years: 1988, 1989
or 1990. The data from many States have not been updated since
1985.
In response to this finding, EPA sent a memorandum to the
Regional Offices on May 19 which outlined the current status of
data by State and EPA Regional Office. On June 13, similar
information was sent in a letter to each State Air Director.
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STATEWIDE SUBMITTAL OF ANNUAL POINT SOURCE EMISSION DATA
(CONTINUED")
Future Milestones
On a quarterly basis, EPA will prepare a report which
outlines the status of emission updates to the AFS data base. It
is anticipated that these reports will be provided to the State
and EPA Regional Offices. We will also continue working with the
States to improve the data in AFS.
EPA Contact Person
Keith Baugues (919) 541-5366
(FTS) 629-5366
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GUIDELINE ON AIR QUALITY MODELS
Background
The Guideline on Air Quality Models, originally issued in
April 1978, was revised September 1986, with Supplement A in
January 1988. It is incorporated by reference in 40 Code of
Federal Regulations 51.166 and 52.21 as applied to prevention of
significant deterioration. The Guideline was prepared in
response to the requirements of sections 165(e)(3)(D), 301, and
320 of the Clean Air Act.
In February 1991, the Environmental Protection Agency (EPA)
published a notice of proposed rulemaking (NPR) on formal changes
to the modeling guideline, Supplement B, to incorporate new
techniques that enhance the regulatory modeling program. In
addition, the notice proposes to give regulatory status to
longstanding EPA policy regarding the use of air quality models
for purposes of control strategy development, air quality
maintenance area analyses, classification of regions for episode
plans, and new source review. The NPR and Supplement B were
subjected to public comment at the Fifth Conference on Air
Quality Modeling on March 19-20, 1991. The docket was open for
written comments until May 6, 1991.
Current Status
Comments from the fifth modeling conference and the public
comment period have been summarized and responses are in
preparation. Comments/responses will be submitted for regulatory
work group review by October 1.
Future Milestones
Formal changes to the modeling guideline, Supplement B,
should be promulgated by mid FY-1992.
EPA Contact Person
Joe Tikvart (919) 541-5561
(FTS) 629-5561
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OFFICE OF AIR QUALITY PLANNING AND STANDARDS' (OAOPSM
TECHNOLOGY TRANSFER NETWORK CTTN1
Background
Over the past several years, OAQPS has provided support
services in the form of technology transfer to State and local
pollution control agencies as well as the private sector, mostly
in the form of mailed documents and reports via the National
Technical Information Service. Changes in computer technology as
well as communications technology have made it possible for OAQPS
to provide these services through computer transfer methods,
specifically the electronic bulletin board service.
Current Status
A bulletin board service, the OAQPS TTN, has been developed
to facilitate communications and provide access to information
and technology related to air pollution control. The purpose of
the network is to foster technology transfer among all parties
interested in the solution of the Nation's air pollution
problems. The OAQPS TTN is designed to be user-friendly and
readily accessible from anywhere in the country. It is a forum
for technical interchange among the Environmental Protection
Agency (EPA), State and local agencies, and the private sector.
Presently, the network offers bulletin boards in the areas
of air quality modeling, emission measurement technology,
emission inventories and emission factors, control technology,
air pollution training, and the Clean Air Act. All bulletin
boards on the network can be accessed through one telephone
number; the number is (919) 541-5742.
Future Milestones
In the coming year, additional bulletin boards are planned
in the areas of new source review, ambient monitoring technology,
and the aerometric information retrieval system.
EPA Contact Person
Jerry Mersch (919) 542-5635
(FTS) 629-5635
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AIR POLLUTION TRAINING INSTITUTE
Background
The passage of the Clean Air Act (Act) impacted upon almost
all of the 36 classroom courses and 37 self-instructional courses
offered by the Air Pollution Training Institute. Needed changes
in course content range from simple updates to major revisions.
It is also apparent that new courses addressing new requirements
(e.g., permitting) must be developed. More course presentations
are also required, especially to meet the needs of expected new
employees of the Environmental Protection Agency (EPA) and State
and local air pollution control agencies.
Current Status
In support of the programs cited above, two major funding
efforts are under way. The first involves a grant to North
Carolina State University for course redevelopment, audiovisual
products development, and advanced delivery systems.
A contract to continue support provided by Research and
Evaluation Associates, Inc. (REA) in the operation of the current
training delivery system is in pre-award negotiations. Work is
under way to establish the schedule of training courses for 1992.
There will be several new courses in place for next year, as well
as several of the revisions of existing courses.
Future Milestones
Negotiations will begin soon with the Area Training Centers
and our independent contractors for training course delivery in
1992.
The North Carolina State University will be developing a
national videoconference on new source review and prevention of
significant deterioration.
The REA will be completing the revision of the "Continuous
Emissions Measurements Course" by the end of the calendar year.
Revision of Course SI:422, "Air Pollution Orientation Course" and
Course 452, "Principles and Practice of Air Pollution Control"
are under way.
A demonstration project for the delivery of inspection
compliance training is planned. This program is a cooperative
effort between two Office of Air Quality Planning and Standards'
Divisions (the Stationary Source Compliance Division and the Air
Quality Management Division).
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AIR POLLUTION TRAINING INSTITUTE (CONTINUED!
FPA Contact Person
Ron Townsend (919) 541-2498
(FTS) 629-2498
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STATUS OF THE REVIEW AND REVISION OF AMBIENT AIR STANDARDS
Background
The Clean Air Act (Act) gives the Environmental Protection
Agency (EPA) authority to set national ambient air quality
standards (NAAQS) for pollutants that may detrimentally affect
public health or welfare and are emitted from numerous and
diverse sources. Primary NAAQS are set to protect public health
while secondary NAAQS are set to protect public welfare (e.g.,
vegetation, wildlife, and visibility).
The Act requires EPA to periodically review, and if needed,
revise NAAQS and the criteria upon which NAAQS are based. To
review the NAAQS criteria, EPA develops a Criteria Document (CD).
The CD summarizes the latest scientific knowledge concerning the
health and welfare effects of the pollutant. Another document
prepared in the NAAQS review process is the Staff Paper (SP).
The SP describes how the information in the CD is used to set
standards. These, and other relevant documents, are reviewed by
the Clean Air Scientific Advisory Committee (CASAC) as part of
the NAAQS review.
In the early 1970's, EPA set NAAQS for ozone, nitrogen
dioxide (N02), sulfur dioxide (SO2), particulate matter nominally
10 microns or less (PM-10), carbon monoxide (CO) and nonmethane
hydrocarbons. In 1978, the EPA promulgated a NAAQS for lead (Pb)
and _.n 1983, EPA revoked the NAAQS for nonmethane hydrocarbons.
Current Status
Ozone
In 1979, the primary and secondary standards for ozone were
set at 0.12 ppm, hourly average. Review of the standards was
initiated in 1981, and, in 1989, CASAC completed its review of
the CD and SP. Although there was a split regarding tightening
the primary NAAQS, most CASAC members supported tightening the
secondary NAAQS to 0.10 ppm.
Currently, review of the ozone standards continues, with
special attention being focused on longer-term health effects and
the appropriate averaging time for controlling welfare effects.
The EPA has also embarked on an enhanced effort to attain the
current ozone standard, with new authority provided by the Act.
This effort is supported by an increasingly strong data base on
the health and welfare effects of ozone exposure.
The two primary standards for S02 were set in 1971 at 0.03
, annual average and 0.14 ppm, maximum 24-hour average. In
ppm
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STATUS OF THE REVIEW AND REVISION OF AMBIENT AIR STANDARDS
( CONTINUED)
1973, the secondary standard was set at 0.5 ppm, 3-hour average.
Review of the standards began in 1977, and CASAC completed its
review of the CD and SP in 1987. The EPA announced its proposed
decision not to revise the existing SOZ standards in 1988. The
proposal also solicited comment on whether a separate 1-hour
primary standard of 0.4 ppm was needed. Currently, review of the
SO2 standards continues in light of the comments on the 1988
proposed decision not to revise.
The NAAQS for lead were set at 1.5 jug/m3, quarterly average,
in 1978. Review of the standards began in 1983. In 1990, CASAC
completed its review of the CD, the SP, and a report detailing
the methodology used to estimate lead exposures. Currently, EPA
is integrating the review of the lead NAAQS with other projects
included in the 1991 Agency-wide Strategy for Reducing Lead
Exposures. In particular, the lead NAAQS has been linked to a
rule being developed by the Office of Toxic Substances to
encourage the recycling of lead-acid batteries.
CO
The two primary and identical secondary standards for CO
were set in 1971 at 9 ppm (8-hour average), anc". 35 ppm (hourly
average). In 1985, EPA reaffirmed the primary standards for CO
and revoked the secondary standards. Review of the standards was
initiated in 1988 and CASAC reviewed a draft of the revised CD in
1991. The EPA is developing the SP for CASAC review in March
1992.
NQ2
In 1971, the primary and secondary NAAQS for NO2 were set at
0.053 ppm, annual average. The EPA retained these standards in
1985, based on its initial review of the standards. The second
round review of the standards was initiated in 1988. The EPA is
currently developing the CD for review in May 1992.
PM-10
The PM-10 standards were set at 50 AKj/ro3 (annual average)
and 150 M9/m3 (24-hour average) in 1987. The next review of
these standards is scheduled to begin in 1992.
Future Milestones
Ozone: No review-related milestones at this time
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STATUS OF THE REVIEW AND REVISION OF AMBIENT AIR STANDARDS
(CONTINUED!
SO2: Reaffirmation of the standards or reproposal is
anticipated in spring 1992
Lead: A proposal to revise the standard is anticipated
in mid-1992
CO: CASAC review of SP March 1992
NOV: CASAC review of draft CD May 1992
X.
PM-10: Initiate development of revised criteria in 1992
EPA Contact Person
John H. Haines (919) 541-5533
(FTS) 629-5533
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INDOOR AIR PROGRAM
Background
In Title IV of the 1986 Superfund Amendments and
Reauthorization Act (SARA), Congress authorizes the Environmental
Protection Agency (EPA) to: (1) establish a federally-
coordinated indoor air research program, (2) disseminate
information on indoor air pollution and mitigation technigues,
and (3) assess the appropriate Federal role in solving indoor air
pollution problems.
Several of the major activities which EPA has carried out in
order to implement this legislation are as follows:
In August 1989, EPA submitted a Report to Congress on Indoor
Air Quality, pursuant to SARA Section 403(e). This report
included an Executive Summary and Recommendations, Volume I:
Federal Indoor Air Quality Activities, Volume II: Assessment and
Control of Indoor Air Pollution, and Volume III: Indoor Air
Pollution Research Needs Statement. In this report, EPA
recommended an expanded indoor air research program, the
development of guidelines for ventilation and other building
practices, an expanded technical assistance and information
dissemination program, and a program to characterize the extent
of indoor air guality (IAQ) problems nationally and to develop
methods for diagnosing and controlling those problems.
The EPA is one of the four Federal agency co-chairs of the
interagency Committee on Indoor Air Quality (CIAQ) and organizes
the four quarterly meetings of the CIAQ. Using information
supplied by the CIAQ members, EPA issues a publication called
Current Federal Indoor Air Quality Activitiesf which is updated
annually. The EPA has also published a number of publications on
indoor air topics for the public: a booklet for citizens on
indoor air guality, published jointly with the Consumer Product
Safety Commission, called The Inside Story; A Guide to Indoor
Air Quality; a Directory of State Indoor Air Contacts f revised by
the Public Health Foundation in February 1991; a nationwide
survey of indoor air guality diagnostic and mitigation firms
which is currently being updated? and a series of fact sheets on
topics of special interest (e.g., Ventilation and Office
Buildings, the Sick Building Syndrome, Environmental Tobacco
Smoke, Residential Air-Cleaning Devices, and Use and Care of Home
Humidifiers).
Current Activities
Much of the current emphasis in EPA's indoor air program is
on the development and dissemination of guidance documents on
specific aspects of IAQ for key concerned audiences. The EPA
works cooperatively with other Federal agencies and private
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INDOOR AIR PROGRAM (CONTINUED1
sector organizations, whenever possible, to ensure that these
guidance documents reflect the best, most current understanding
of the nature and solutions to IAQ problems.
Documents currently under development include: prevention
of IAQ problems in the construction of new homes (primarily for
homebuilders); development of environmental tobacco smoke
policies for the work place (primarily for corporate policy-
makers, occupational safety administrators, and facility
managers); prevention of IAQ problems in the construction and
remodeling of large-scale buildings (primarily for architects and
building engineers); IAQ management in schools (primarily for
school administrators); and diagnosis and mitigation of IAQ
problems in large-scale buildings (primarily for building owners
and facility managers). This latter document was written in
partnership with the National Institute for Occupational Safety
and Health.
The Indoor Air Division considers training to be a
fundamental component of an effective, nonregulatory strategy.
Part of the decision to undertake development of guidance for a
particular audience is an assessment of the training needs of
that group as well. A self-paced learning module on IAQ,
including lessons on sources, health effects, diagnostic and
mitigation strategies, existing standards and guidelines, and
suggestions for public sector outreach and education activities
has been developed specifically for State and local environmental
and public health officials. This learning module, and a
companion reference book, will soon be available from the Indoor
Air Division. A live, 2-day training course covering these
topics has also been developed for the public sector audience,
and will be made available through individual EPA Regional
Offices and training centers. A workshop for building owners and
facility managers to introduce them to the guidance book on IAQ
is now under development. As additional guidance documents are
developed, training needs will be assessed, and appropriate
educational tools will be developed.
Planning for a national study of the IAQ in public and
commercial buildings was begun in FY 1991. The two major
objectives of this 3 to 5-year study are to (1) develop baseline
information on the factors believed to determine IAQ in large
buildings and assess their relationship to occupant health
symptoms, and (2) improve and standardize the IAQ investigative
approach. A steering committee of experts on IAQ investigation
was convened to develop and oversee the study, teams were formed
to define the study elements and to recommend the methods and
measurement protocols to be employed. This information will be
useful to public health departments and building diagnosticians,
to indoor air/health effects researchers, to ventilation
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INDOOR AIR PROGRAM (CONTINUED1
engineers and building designers, and as input for the further
development of Federal guidance on IAQ issues.
There are a number of other activities under way in the
Indoor Air Division that should be of particular interest to
State and local governments:
o Several multiyear studies on such topics as the economic
impact of indoor air pollution and on the nature and
prevalence of multiple chemical sensitivity (MCS) are
proceeding. A preliminary report on the first phase of a
study on the costs of controlling indoor air pollution will
soon be available. The National Academy of Sciences is
scheduled to report back to the Division on the
recommendations of a workshop convened by the Academy, at
EPA's request, to develop a research agenda on MCS.
o Development of a national IAQ information clearinghouse is
progressing as planned. The design phase has been
completed, and operation is scheduled to commence in April
1992. Among the key target audiences are State and local
environmental and public health officials.
o A multiyear effort to evaluate mechanisms for credentialing
providers of indoor air diagnostic and mitigation services
is continuing. While preliminary discussions last year
indicated that credentialing in the field of IAQ was
premature, dialogue has continued among professional and
trade associations in the IAQ arena to promote increased
understanding across the range of disciplines involved in
indoor air issues.
o Working cooperatively with the American Lung Association
(ALA), the Division is developing a brief guide for primary
care physicians on diagnosing and treating patients with
health problems resulting from exposure to pollutants
indoors. This booklet is scheduled for distributed to
physicians through the ALA in the spring of 1992.
o The EPA continues to publish fact sheets on topics of
interest. A brochure on combustion appliances and IAQ will
be published in partnership with the Consumer Product Safety
Commission.
Future Milestones
In the near future, emphasis will be placed on the
completion of fundamental guidance documents for the range of key
IAQ audiences. As these guidance materials are completed,
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training and targeted outreach programs will be designed to
ensure their use by the intended audience.
Copies of the EPA indoor air publications that have been
issued are available from the EPA Public Information Center (PM-
221B), 401 M Street S.W., Washington, D.C. 20460.
EPA Contact Person
Elissa Feldman (703) 308-8376
(FTS) 398-8376
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AIR/SUPERFUND COORDINATION PROGRAM
Background
The purpose of the Air/Superfund Coordination Program is to
assist the Environmental Protection Agency (EPA) Regional
Superfund Offices in evaluating Superfund sites, developing plans
for site cleanup, and implementing cleanup actions.
An Air/Superfund Coordinator in each Regional Office assists
in the review of proposals, plans, and studies pertinent to the
evaluation of air impacts from Superfund sites. They also
participate in decisions related to cleanup actions that may have
significant air impacts. Regional Air Offices also may assist in
field evaluations and consultations with contractors.
Current Status
The program includes a number of activities to support the
Regional Air and Superfund offices. These are:
1. Coordination to facilitate the exchange of information
on Air/Superfund issues, procedures, and data among
Regional Air Offices and between Regions and EPA
Headquarters offices; and to provide updated technical
information and reports.
2. Training to brief Regional and contractor personnel on
air issues and on guidance available for analyzing and
resolving them.
3. Technical assistance in analyzing air issues associated
with specific sites, reviewing analyses prepared by
Superfund contractors, and preparing recommendations on
remedial actions where there may be significant air
impacts.
4. Preparation of National technical guidance (NTG)
studies to provide data and guidance to improve the
quality of the data base and the analysis of air issues
associated with Superfund sites.
Reports completed or in process.
o Air Pathway Analysis (4 volumes)
Volume 1 - Overview
Volume 2 - Emission Estimates, Preremedial
Volume 3 - Emissions Estimates, During Remediation
Volume 4 - Modeling, Monitoring Guidance
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AIR/SUPERFUND COORDINATION PROGRAM (CONTINUED)
o Data Quality Objectives for Ambient Monitoring Around
Superfund Sites
o Comparisons of Air Stripper Simulations and Field
Performance Datei
o Air Pathway Analysis Review Checklists
o Soil Vapor Extraction VOC Control Technology Assessment
o Development of Example Procedures for Evaluating the Air
Impacts of Soil Excavation Associated with Superfund
Remedial Actions
o User's Guide for the Fugitive Dust Model
o Air Stripper Design Manual
o Expert System for Screening Techniques
o Application of Long Path Monitors to Superfund Sites
o Air Impacts from Alternative Remedial Cleanup Options
o Emission Screening/Ranking at Superfund Sites
o Air Impacts from Superfund Sites
o Less than Lifetime Risks
EPA Contact Person
Joe Padgett (919) 541-5589
(FTS) 629-5589
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RADIONUCLIDE - NATIONAL EMISSION STANDARDS
Background
The national emission standards for hazardous air
pollutants, limiting the release of radionuclides to the
atmosphere from over 6,000 facilities, were published on
December 15, 1989.
Approximate Number
Source Category of Facilities
Department of 45
Energy (DOE) Facilities
Nuclear Regulatory 6,000
Commission Licensees
and Non-DOE Federal
Facilities
Nuclear Reactors 135
and Support Facilities
Underground Uranium Mines 15
Uranium Mill Tailings 46
(Disposal)
Uranium Mill Tailings 4
(Operations)
DOE Radon Sources 5
Phosphogypsum 66
Piles (Stacks)
Elemental Phosphorus 5
Plants
The standards for Nuclear Regulatory Commission (NRC)
licensees and non-DOE Federal facilities were stayed pending
resolution of NRC's concern that the standards represent dual
regulation and may have adverse affects on the use of nuclear
medicine.
In the Clean Air Act (Act), Congress gave the Environmental
Protection Agency (EPA) the authority not to regulate NRC
licensees under section 112 if EPA makes a determination, by rule
and in consultation with the NRC, that the NRC's regulatory
program protects the public health with an ample margin of
safety.
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RADIONUCLIDE—NATIONAL EMISSION STANDARDS (CONTINUED^
Current Status
On March 10, 1991, Subpart I went into effect for Federal
facilities. Also, the determination concerning adequacy of the
NRC regulatory program contemplated by the language in section
112 (d)(9) could not apply to such facilities.
On April 15, 1991, the Administrator issued a final rule
staying Subpart I as it applies to NRC licensees other than those
engaged in commercial nuclear power generation until November 15,
1992. This stay is required to gather additional information to
determine whether members of the general public are protected by
an ample margin of safety from radionuclide air emissions from
thousands of NRC licensed facilities that are not well
characterized.
On March 8, 1991, EPA issued an advanced notice of proposed
rulemaking announcing EPA's intention to enter into a future
rulemaking pursuant to section 112(d)(9) to rescind Subpart I as
applied to nuclear power reactors. A public hearing on the
proposal to stay 40 Code of Federal Regulations (CFR), Part 61,,
Subpart I, for NRC licensees engaged in the generation of
commercial nuclear power was held on May 9, 1991. A Federal
Register (FR) notice proposing to rescind 40 CFR, Part 61,
Subpart I, for commercial nuclear power reactors appeared
August 5, 1991.
On May 16, 1991 the Administrator signed a FR notice
extending an existing class waiver for permitting phophogypsum
for agricultural compliance. The current extension expired on
October 1, 1991. The EPA is now considering a request for
another extension through the 1992 growing season.
EPA Contact Person
Al Colli (703) 308-8787
(FTS) 398-8787
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RADON ACTION PROGRAM
Background
The Environmental Protection Agency (EPA) established the
Radon Action Program in 1985. Since then, high radon levels have
been found in every State. Program activities have been expanded
each year in response to the growing scope and complexity of the
radon problem. In October 1988, the Indoor Radon Abatement Act
(IRAA) was signed into law (15 U.S.C. 2661-2671), setting a new
long-term national goal that indoor radon levels equal those
found outdoors. The mission of the Radon Action Program is to
significantly reduce the public health risks associated with
radon exposure through a partnership with the States, other
Federal agencies, national organizations, and the private sector.
The program consists of four main elements: problem assessment,
mitigation and prevention, capability development, and public
information.
Current Status
The EPA is undertaking a variety of activities to address
the public health threat posed by exposure to radon. These
activities include the following.
o Assessing the scope and magnitude of the problem
through residential, school, and Federal buildings
surveys and through health effects research
o Assisting States with program development through
grants and other assistance
o Assuring the quality and credibility of the radon
industry through the evaluation of measurement and
mitigation methods and the operation of measurement and
mitigation contractor proficiency programs
o Developing model construction standards for radon
prevention in new homes and other buildings
o Establishing regional radon training centers
o Providing public information through brochures and a
national education campaign in cooperation with the
Advertising Council, the revision of A Citizen's Guide
to Radon, and cooperative efforts with national and
local organizations
Future Milestones
In 1992, EPA will continue the State grant program in which
50 States, the District of Columbia, and Guam participated in
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RADON ACTION PROGRAM (CONTINUED1
1991. They will complete the revision of the citizen's guide,
continue public information programs with the Advertising Council
and other national and local organizations, publish the model
construction standards, and issue results of the national school
survey. The EPA will also continue the measurement and
mitigation contractor proficiency programs.
EPA Contract Person
Margo Oge (202) 475-9600
(FTS) 475-9600
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