Internal, deliberative document
FACT SHEET
Reconsideration of the 2020 National Emission Standards for Hazardous Air Pollutants
(NESHAP): Miscellaneous Organic Chemical Manufacturing
Residual Risk and Technology Review
ACTION
• On (insert signature date), the U.S. Environmental Protection Agency (EPA) proposed the
reconsideration of the 2020 National Emission Standards for Hazardous Air Pollutants
(NESHAP) for the Miscellaneous Organic Chemical Manufacturing source category ("2020
MON final rule"), finalized on August 12, 2020.
• In response to the 2020 MON final rule, the Administrator received and granted petitions
for reconsideration on two issues, specifically, on (1) the use of EPA's 2016 IRIS value for
ethylene oxide in assessing cancer risk for the source category, and (2) the use of the Texas
Commission on Environmental Quality (TCEQ) risk value for ethylene oxide as an alternative
risk value to EPA's 2016 IRIS value for purposes of evaluating risk under CAA section
112(f)(2).
• In this reconsideration action, EPA is addressing these two issues and is proposing the
following:
o To not change its decision to use the EPA's 2016 IRIS value for ethylene oxide when
assessing risk for the source category in the 2020 MON final rule, as the 2016
ethylene oxide IRIS assessment remains the best available science;
o To decline to use the TCEQ risk value for ethylene oxide instead of the EPA's 2016
IRIS value, after careful consideration of the TCEQ risk value for ethylene oxide.
• As such, EPA is not proposing any changes to our risk assessment for the 2020 MON final
rule.
• EPA will accept comment on the two issues addressed in this reconsideration action for 45
days after publication in the Federal Register. EPA is seeking comment only on the two
identified petition issues. The Agency will not respond to comments addressing any other
issues or any other provisions of the final rule.
BACKGROUND
• On August 12, 2020, EPA published 2020 MON final rule, pursuant to Clean Air Act (CAA)
sections 112(f)(2) and 112(d)(6).
• In the residual risk review, cancer risks were calculated using EPA's Integrated Risk
Information System (IRIS) unit risk estimate (URE) for ethylene oxide and additional
standards were imposed in the 2020 MON final rule because the risks were unacceptable
based on that analysis.
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Internal, deliberative document
• Language was also included in the 2020 MON final rule that indicated that "the EPA remains
open to new and updated scientific information, as well as new dose response values such
as the TCEQ value, as they become available"; however, by the close of the public comment
period (March 19, 2020), the TCEQ dose-response value had not yet been finalized and
could not be considered in the final action.
• Subsequently, EPA received and granted petitions for reconsideration of two issues,
specifically, on (1) the use of EPA's IRIS value for ethylene oxide in assessing cancer risk for
the source category, and (2) the use of the TCEQ risk value for ethylene oxide as an
alternative risk value to EPA's IRIS value for purposes of evaluating risk under CAA section
112(f)(2).
HOW TO COMMENT
• EPA will accept comments for 45 days after the proposal is published in the Federal
Register.
• Comments, identified by Docket ID No. EPA-HQ-OAR-2018-0746 may be submitted by one
of the following methods:
o Go to https://www.reeulations.gov/ and follow the online instructions for submitting
comments.
o Send comments by email to a-and-r-docket@epa.gov. Attention Docket ID No. EPA-
HQ-OAR-2018-0746.
• Out of an abundance of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited exceptions, to reduce the
risk of transmitting COVID-19. Our Docket Center staff will continue to provide remote
customer service via email, phone and webform.
o We encourage the public to submit comments via https://www.reeulations.eov/ or
email, as there may be a delay in processing mail and faxes. Hand deliveries and
couriers may be received by scheduled appointment only.
o For further information on EPA Docket Center services and their current status,
please visit us online at https://www.epa.eov/dockets.
FOR MORE INFORMATION
• Interested parties can download a copy of the proposed rule notice from EPA's website at
https://www.epa.eov/stationarv-sources-air~pollution/miscellaneous-oreanic~chemical~
ma nufacturine~national~e mission.
• Today's action and other background information are also available electronically at
https://www.reeulations.eov/. EPA's electronic public docket and comment system.
• For additional technical information about the rule, contact Tegan Lavoie at the EPA's Office
of Air Quality Planning and Standards, at (919) 541-5110 or at lavoie.tegan@epa.gov.
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