View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
EPA/AR RIN: 2060-AN85 Publication ID: Fall 2007 
Title: Risk and Technology Review Phase II Group 2 
Abstract: Under CAA Section 112(d)(6) EPA is required to review MACT standards and revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. EPA also must evaluate the MACT standards within 8 years after promulgation and promulgate standards under CAA Section 112(f)(2) if required to protect public health with an ample margin of safety. EPA will combine the remaining MACT source categories requiring residual risk and technology reviews into several groups to enable us to more closely meet statutory dates, raise and resolve programmatic issues in one action, minimize resources by using available data and focusing on high risk sources, and provide consistent review and analysis. We will use available data including emissions from the most recent 2002 national emission inventory (NEI) and augment it with available site-specific data. This action was originally referred to as RTR Phase II and included 34 MACT standards and 50 source categories. We reduced the scope of this action and will now focus on RTR Phase II Group 2 which consists of 11 MACT standards covering 21 source categories with MACT compliance dates of 2002 and earlier. We plan to model each MACT source category to obtain inhalation risks, including cancer risk and incidence, population cancer risk, and non-cancer effects (chronic and acute). We also plan to evaluate multipathway risk associated with those source categories with significant levels of persistent and bioaccumulative HAP. We published an ANPRM in March 2007 to solicit public comments and corrections on emissions data that will be used to assess risk for these source categories. We will remodel the categories based on the updated data. EPA will then evaluate the effectiveness and cost of additional risk reduction options and make acceptability and ample-margin-of-safety determinations in accordance with Benzene NESHAP decision framework. Where the need for additional controls are identified, standards would be developed that include technology, work practice, or performance standards as amendments to the existing MACT standards. The 11 MACT standards, the 21 source categories, and the associated NAICS codes are listed below. Aerospace Manufacturing and Rework Facilities, 336411 Marine Tank Vessel Loading Operations, 4883 Mineral Wool Production, 32799 Natural Gas Transmission and Storage, 486210 Oil and Natural Gas Production, 211 Pharmaceuticals Production, 3254 Group I Polymers and Resins, 325212 Epichlorohydrin Elastomers Production Hypalon™ Production Nitrile Butadiene Rubber Production Polybutadiene Rubber Production Styrene-Butadiene Rubber and Latex Production, Group IV Polymers and Resins, 325211 Acrylic-Butadiene-Styrene Production Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene Production Methyl Methacrylate-Butadiene-Styrene Production Nitrile Resins Production Polyethylene Terephthalate Production Polystyrene Production Styrene-Acrylonitrile Production Primary Aluminum Reduction Plants, 331312 Printing and Publishing Industry, 32311 Shipbuilding and Ship Repair Operations, 36611 EPA will finalize these in two groups; one group will be finalized following the schedule noted below, the other will be finalized in 2009. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 00 CFR NYD     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: CAA Sections 112(f)(2), 112(d)(6)   
Legal Deadline:  None

Statement of Need: Under CAA Section 112(d)(6) EPA is required to review MACT standards and revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. EPA also must evaluate the MACT standards within 8 years after promulgation and promulgate standards under CAA Section 112(f)(2) if required to protect public health with an ample margin of safety.

Summary of the Legal Basis: Clean Air Act Sections 112(f)(2) and 112(d)(6).

Alternatives: Where additional controls are identified, risk reduction alternatives will be evaluated that include technology, work practice, or performance standards. Any alternatives that are selected would be implemented as amendments to the existing MACT standards.

Anticipated Costs and Benefits: For the risk reduction alternatives we will evaluate costs, emission reductions, risk reductions, various measures of cost effectiveness and where appropriate, benefits analysis. We plan to consider the added benefit of reducing emissions of criteria pollutants, including PM, and green house gas emissions.The facts underlying the risk determination will be key factors in making any subsequent technology review determination.

Risks: Each MACT source category will be assessed to determine cancer and noncancer inhalation risks, environmental risks, and multipathway risks. Cancer risk will include maximum individual risk (MIR), incidence, and population risk, and non-cancer effects will include chronic and acute risks. We also plan to evaluate the multipathway risk associated with those source categories with significant levels of persistent and bioaccumulative HAP.

Timetable:
Action Date FR Cite
ANPRM  03/29/2007  72 FR 14734   
ANPRM; comment period extension  05/25/2007  72 FR 29287   
NPRM  11/00/2007    
Final Action  11/00/2008    
Additional Information: SAN No. 5093; EPA publication information: ANPRM;
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 3364 Aerospace Product and Parts Manufacturing; 3313 Alumina and Aluminum Production and Processing; 32731 Cement Manufacturing; 3341 Computer and Peripheral Equipment Manufacturing; 32411 Petroleum Refineries; 331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum); 22132 Sewage Treatment Facilities 
RIN Data Printed in the FR: No 
Agency Contact:
Paula Hirtz
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-2618
Email: hirtz.paula@epa.gov

Ken Hustvedt
Environmental Protection Agency
Air and Radiation
E143-01,
Research Triangle Park, NC 27711
Phone:919 541-5395
Fax:919 685-3200
Email: hustvedt.ken@epamail.epa.gov