1. Air Toxics Update
Lee Page
U.S. EPA Region 4
Atlanta, Georgia

2. Topics * Air Toxics Program in General * Regional Personnel
Area Source Rules
Area-Wide Program
Residual Risk Rules
MACT Technology Reviews
Once-In-Always-In
Vacated MACTs

3. The Air Toxics Problem
Approximately half of the air toxics problem comes from stationary sources and natural events
The other half comes from on- and off-road mobile sources

4. (Stationary, Mobile, and Indoor Air Sources)
THE AIR TOXICS PROGRAM
(Stationary, Mobile, and Indoor Air Sources)
Regulatory
Approaches
Risk Assessment
Methods for
Facility Specific &
Community-Scale
Risk Decision
Criteria for
Facilities and
Communities
Voluntary
Reduction
Options
Education
and
Outreach
S/L/T
Program
Structure
Design
By EPA developing Tools, Guidance, and Training we are helping to
Build expertise at the local level
Save states resources that they would have to use to develop the tools
Achieve Meaningful Reductions
At The Local Level

5. The Air Toxics Assessment & Implementation Section (ATAIS)

6. Emissions Inventories And TRI Deposition (e.g.,TMDLs), PBT Chemicals,
NESHAPs
Program
(Technology
& Risk-based)
Air Toxics
Emissions Inventories
And TRI
Deposition (e.g.,TMDLs),
PBT Chemicals,
International Transport
Risk Management
Air Toxics
Risk Assessment
________________________________________________________________
Coordinate and Consult on Air Toxics Monitoring/Modeling
Community-Level
Air Toxics Evaluations;
Program Development, Training, & Implementation

7. ATAIS – Who are we?
Ken Mitchell, Ph.D. (Chief) – Toxicology, HH risk assessment, ecosystem effects
John Ackermann, Ph.D. - PBTs, TMDLs, deposition, ecosystem effects
Solomon Pollard, Ph.D. – Toxicology, HH risk assessment
Egide Louis, Ph.D. – Community Programs
Joydeb Majumder, P.E. - Combustion MACTs
Capt. Paul Wagner – Community Programs, public health program development
Ray Gregory – MACTs, emergency planning
Latoya Miller – PBTs, deposition, ecosystem effects
Ezequiel Velez - TRI
Douglas Chatham – TRI SEE
Lee Page – MACTs, RATC
________________________________________________________________

8. Area Sources
Stationary sources that emit <10 tons per year of a single air toxic, or <25 tons per year of a combination of air toxics
Area sources tend to be smaller facilities
Gasoline stations
Dry cleaners
Car painting shops
Small electroplaters
_________________________________________________________________
EPA has listed 70 area source categories to be regulated

9. Update on Area Source Rules
70 Source categories to be regulated
21 Rules completed to date
49 Rules remain
All individual rules
June 07 (7 rules)
Dec. 07 (13 rules)
June 08 (10 rules)
Dec. 08 (11 rules)
June 09 (8 rules)
Permitting requirements addressed in each rule
Rules codified in Part 63
188 HAPs, but TRI reports on over 650 chemicals emitted by industries

10. Final Rules Scheduled for June, 2007
Polyurethane Foam Fabrication
Polyurethane Foam Production
Acrylic/Modacrylic Fibers Production
Lead Acid Battery Mfg.
Wood Preserving
Carbon Black Production
Chemical Mfg. – Chromium Compounds

11. Final Rules Scheduled for December
Gasoline Distribution Stage 1
Paint Stripping Operations
Industrial Boilers
Institutional/Commercial Heaters
Stationary Internal Combustion Engines
Auto-Body Refinishing Paint Shops
Hospital Sterilizers
Iron Foundries
Pressed and Blown Glassware
Stainless and Non-stainless Steel Mfg.
Steel Foundries
Clay Ceramics Mfg.
Plastic Parts & Production (coating)

12. Part 63 Rules Subpart O EtO Sterilization ( M & A )
Subpart OO Level 1 tanks ( M )
Subpart OOO Polymer & Resins ( M )
Subpart OOOO Print/Coat Fabrics ( M )
Subpart OOOOO Skipped ?
Subpart OOOOOO Flex Poly Foam Fab. (A)
Subpart MMMMM Flex Poly Foam Fab. (M)
Subpart OOOOOO Flex Poly Foam Prod (A)
Subpart I I I Flex Poly Foam Prod (M)

13. Area-Wide Program Concept
Developmental stage
Optional risk based program to allow cumulative assessment on area of concern
Based on EPA Workplan (Sept. 01)
State program would determine:
Area of assessment (near source, neighborhood, county)
Program Goals (risk, HAP reduction, etc) Based on EPA Workplan (Sept. 01)
Minimum program elements
________________________________________________________________

14. Area-Wide Program Schedule
ANPRM in August
Rule proposal by end of 07
Rule promulgation by end of 08
Will it ever become a reality ?
Issues, issues, issues

15. Residual Risk Rules Update
Required for all major sources – 8 years
8 rules completed
5 of the 8 show low risk (no further controls)
New streamlined approach
Multiple reviews in single regulatory action
2002 NEI emissions/stack data used
51 source categories assessed to date
Group 1: Low risk assessments
8 categories (4 MACTs)
NPRM in Summer of 07, then rule proposal
Group 2: Further assessment needed
22 categories (12 MACTs)
NPRM March 29, 2007, then proposal in Fall

16. MACT Technology Reviews
Required by CAA for each MACT
Due 8 years after MACT
Action combined with Residual Risk Reviews
“Risk and Technology Reviews” or RTR

17. Once-In-Always-In Update
Policy dated May 16, 1995
Major sources at first compliance date are required to comply permanently with MACT
Industry and States support change
Prohibits pollution prevention
Rule proposed in January 2007
Removes Once-In-Always-In policy
2nd public comment period ended May 4
Approximately 100 letters received
Congressional interest
Main issue: possibility of increase in actual emissions up to regulatory threshold
Rule promulgation by end of 2007 ??

18. Court Action to Vacate MACTs
Brick MACT, Clay Ceramics MACT
Boiler MACT, Plywood MACT
3 step process:
oral arguments
court decision
court mandate
PVC MACT vacated in April 2005

19. Court Action: Brick & Clay Ceramics MACT
Sierra Club vs EPA argued January 18, 07
Issue: determination of MACT floor stringency
Court decision on March 13, 2007
Vacate MACTs in their entirety
Court mandate expected in June
anticipate rules to be vacated in their entirety
Rule remains in place until mandate
Case-by-case MACT (112 g and 112 J ) would apply if rules are vacated
Will affect 100’s of kilns

20. Court Action: Boiler MACT
EPA petitioned court for partial vacatur
Leave health based compliance option in place
Issue: Determination of MACT floor stringency
Case argued on February 23
Court decision issued June Vacate rule in its entirety
Court mandate at least 45 days out
Rule remains in place until mandate
Could affect 1,000’s of sources

21. Court Action: Plywood MACT
EPA petitioned court for partial vacatur
Leave health based compliance option in place
Issue: Determination of MACT floor stringency
Case argued in February
Court decision expected soon
Court mandate to follow decision
Rule remains in place until mandate
Could affect 100’s of sources

22. Thank you for your attention!
Contact:
Lee Page
USEPA Region 4
61 Forsyth Street, SW
Atlanta, Georgia
(404)