National Emission Standards for Hazardous Air Pollutants Streamlined Development: Announcement and Request for Comments

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter I

[FRL-5174-3]

National Emission Standards for Hazardous Air Pollutants

Streamlined Development: Announcement and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

[[Page 16089]] ACTION: Announcement and Request for comments.

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SUMMARY: Section 112(d) of the Clean Air Act (CAA) directs EPA to

reduce emissions of hazardous air pollutants (HAPs) by requiring new

and existing sources to achieve an emissions standard attainable by the

maximum achievable control technology (MACT). The HAPs regulated under

Section 112 have been characterized as carcinogenic, mutagenic,

bioaccumulative, and causing other adverse health and environmental

effects. MACT standards are intended to significantly reduce these

effects.

This notice announces and requests comments on EPA's plan to use a

streamlined approach to promulgating MACT standards, termed MACT

Partnerships. Section 112(e) requires EPA to promulgate, on a strict

schedule, MACT standards for the more than 150 source categories of

HAPs listed pursuant to Section 112(c)(1). This large number of MACT

standards can not be addressed by the traditional approach to standards

development. The MACT Partnerships approach is designed to expedite the

regulatory development process and provide information for case-by-case

emission limitation determinations as required by Section 112(g) and

112(j) of the CAA. The MACT Partnerships approach is founded on the

mutual interests of all the major stakeholders, including EPA, States

and local agencies, industry, and environmental organizations. This

notice also announces the availability on the Technology Transfer

Network (TTN), one of EPA's electronic bulletin boards, of an initial

list of MACT standards being handled under MACT Partnerships.

DATES: Comments: Comments must be received on or before May 15, 1995.

ADDRESSES: Comments: Comments should be submitted (in duplicate or as a

WP5.1 file, if possible) to: Policy, Planning, and Standards Group;

Emission Standards Division (MD-13), U. S. Environmental Protection

Agency, Research Triangle Park, North Carolina 27711, telephone number

(919) 541-5623.

TTN: The TTN provides information and technology exchange in

various areas of air pollution control. The service is free, except for

the cost of a phone call. Dial (919) 541-5742 for up to a 14,400 bps

modem. If more information on TTN is needed, call the HELP line at

(919) 541-5384.

FOR FURTHER INFORMATION CONTACT: For general information concerning

this notice, contact Albert H. Wehe at (919) 541-5623; Policy, Planning

and Standards Group; Emission Standards Division (MD-13), U.S.

Environmental Protection Agency, Research Triangle Park, NC 27711.

SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to Section 112(c) and 112(e) of the CAA, EPA published two

Federal Register notices laying out the source categories of HAPs

regulated under Section 112(d) of the Clean Air Act. In the first

Federal Register notice (57 FR 31578, July 16, 1992), EPA published the

source categories of HAPs as required under Section 112(c). In the

second Federal Register notice (58 FR 83941, December 3, 1993), EPA

presented the list in a regulatory schedule as required by Section

112(e). In addition to requiring the regulatory schedule, Section

112(e) requires EPA to develop MACT standards under Section 112(d)

according to this regulatory schedule.

There are consequences if EPA fails to set the MACT standards on

time. Thirty-nine MACT standards were targeted for promulgation by

November 1994, forty-three more by Nov 1997, and an additional eighty-

seven by Nov 2000. Section 112(j) of the CAA requires the States to

establish emission limitations, using a case-by-case determination of

what the Federal standard would have been if EPA fails to promulgate

Federal standards.

Case-by-case MACT determinations under 112(j) will require

substantial information and resources from State and local agencies,

industry, and environmental groups. Individually, State and local

agencies, industry and environmental groups have expressed their

interest in avoiding a significant number of case-by-case MACT

determinations. Accordingly, there appears to be a strong incentive for

EPA, State and local agencies, industry and environmental groups to

work together to enable EPA to promulgate the standards on schedule and

to gather information for 112(j) case-by-case MACT determinations.

II. Current Situation

The EPA is currently behind schedule on a number of MACT standards

due in November 1994 and potentially behind schedule on a number of

MACT standards due in November 1997. The EPA has promulgated about one-

half of the MACT standards due in November 1994. The EPA is already

under court-ordered schedules to complete many of the remaining MACT

standards due in November 1994. These schedules will ensure that

standards are promulgated before case-by-case MACT determinations would

be required by Section 112(j). The EPA has recently been served notice

by an environmental group indicating the group plans to file a petition

to compel EPA to promulgate the few standards due in November 1994 that

are not done nor on an existing court-ordered schedule.

In 1994, EPA had to postpone work on several of the MACT standards

due in November 1997 and November 2000 (the 7-year and 10-year MACT

standards) as a result of resource constraints. The EPA had to do so in

part to ensure that adequate resources were available for the court-

ordered MACT standards. These resource constraints have put EPA behind

on completing the 7-year and 10-year MACT standards.

The amount of work (and therefore resources) needed to complete the

7-year and 10-year MACT standards on time is difficult to predict.

Nevertheless, given the EPA's experience of the MACT standards

completed to date, EPA believes that the amount of work can be

significantly reduced by streamlining and re-engineering the way these

standards are developed. This work helps EPA appropriately

subcategorize source categories, define the MACT floor (see Section

112(d)), address emissions of special HAPs (e.g., Great Waters and

urban air toxics), and evaluate potential regulatory options beyond the

MACT floor.

Resources have been traditionally used by EPA to gather and analyze

essentially all the data and information necessary to reach the

regulatory decisions associated with standards such as MACT standards.

Many of the 7-year and 10-year MACT standards had not been studied by

EPA prior to recent years. Traditionally, EPA has found that it takes

about 4 years to develop national technology-based standards such as

MACT standards. Accordingly, to complete the 7-year MACT standards by

November 1997, EPA had to begin in earnest to work on these standards

early in 1994. Thus, to complete the 7-year MACT standards on time, EPA

needs to reduce the amount of work and time associated with these

standards.

In order to meet both the 7-year and 10-year deadlines, EPA has

concluded that it must develop new approaches to streamline the

standard setting process and to leverage its limited resources. To that

end, EPA is currently initiating a new process for developing MACT

standards that involves a partnership with states, industry, and

environmental organizations. This partnership, called MACT

Partnerships, is founded on the [[Page 16090]] mutual interests of all

the major stakeholders in the air toxics program.

For many source categories for which MACT standards are required,

State and local agency personnel have the expertise, information and

desire to provide technical assistance for the development of MACT

standards. Industry personnel are also invaluable sources of technical

expertise and data needed to develop MACT standards. In addition,

environmental groups have a thorough understanding of the interests of

the public and can assist in the development of as many MACT standards

as practical.

III. Streamlined MACT Development Approach

The MACT Partnerships program, as currently envisioned, involves

two phases for each MACT standard. The first phase involves development

of a ``presumptive MACT''. A ``presumptive MACT'' is not an emission

standard; but it serves as a statement of current knowledge of maximum

available control technologies and a basis for a decision on how to

develop the emission standard for the source category involved. The

second phase is the formal standard development process, which results

in a promulgated MACT standard for the source category.

In the first phase of the MACT Partnerships program, the

development of a ``presumptive MACT'', begins with two main steps: (1)

A meeting between EPA and State and local agencies, known as the

presumptive MACT meeting and (2) consultations with industry,

environmental and other interest groups. In the presumptive-MACT

meeting, EPA, and States review available information to estimate what

MACT would be if only this information were used in the determination.

This draft presumptive MACT then goes through a consultation stage

where industry and environmental groups are invited to comment on the

selected presumptive MACT. After this consultation, EPA and the State/

local agencies determine a final presumptive MACT and how best to

complete the development of a standard, with the normal opportunities

for public comment. This determination of a presumptive MACT and a

decision on how to complete development of a standard are the two

products of the first phase.

For the second phase of MACT Partnerships, EPA envisions the use of

one of three basic regulatory development paths: Adopt-a-MACT, share-a-

MACT, or a streamlined-traditional approach. In all cases, EPA would

eventually propose and then promulgate the MACT standard. The ``Adopt-

a-MACT'' path allows EPA to enter into an agreement with a State

wherein the State would accept primary responsibility for data

collection and analysis. Alternatively, a ``share-a-MACT'' path allows

states, industry or both to share with EPA the responsibility for

developing the underlying data and analysis from which EPA would

determine the MACT emission limitation. When no suitable partners can

be found, a ``streamlined-traditional'' path is the last alternative.

In the ``streamlined-traditional'' path, EPA would go through a

streamlined process of the traditional rule development, with a

presumptive MACT specification as an intermediate stage. No matter what

path is chosen, almost all standards would go through phase one,

namely, the presumptive MACT meeting and the second consultative stage.

The EPA has successfully worked with States and industry in the

development of presumptive MACT in two pilot projects. One project

concerned the MACT standard primary aluminum manufacturing. The States

of Washington and New York worked with EPA in the development of a

presumptive MACT. In addition, the Aluminum Manufacturers Association

and its member companies participated. For the second project, EPA

worked with the States of Wisconsin and Maryland to develop a

presumptive MACT for bakers yeast manufacturing. Both EPA and State

partners have worked with the industry to move from the presumptive

MACT to develop a MACT standard that is scheduled to be proposed in the

fall of 1995.

Currently, EPA is beginning more than 25 projects within the MACT

Partnerships program. Presumptive MACT meetings are scheduled over the

next several months. For the information of the public, EPA has

developed a table of these projects and has added it to the Technology

Transfer Network bulletin board system (TTN BBS) See Addresses section

above for information on how to access the TTN BBS. The list can be

found under the Clean Air Act (Rules/Guidance/Policy) section, Tittle

III: Hazardous Air Pollutants subsection and then the Status of Rules/

Projects portion of the TTN BBS.

In summary, the MACT Partnerships program is one way to pursue new,

assertive ways to develop MACT standards. MACT Partnerships is

characterized by EPA and State/localities working together with

industry and environmentalists to fulfill the mandate to set MACT

standards for sources of hazardous air pollutants. Given the mutual

interest of all the stakeholders and EPA's current ``budgetary''

situation within the air toxics program, EPA has begun redefining its

role in selected areas of MACT standard development for many MACT

standards as a coordinator and facilitator.

IV. Request for Comments

With this notice the EPA is requesting comments on:

(1) The concept of MACT Partnerships as an approach for

streamlining the development of MACT standards,

(2) How to improve the MACT Partnership approach,

(3) Alternative ways to streamline the MACT development process,

and

(4) Using presumptive MACT as a starting point for case-by-case

MACT determinations.

V. Administrative Requirement

A. Paperwork Reduction Act

The request for comments detailed in this notice seeks voluntary

responses and does not affect information collection burdens.

B. Executive Order 12866 Review

This notice is a request for comments and, therefore, was not

reviewed by the Office of Management and Budget under Executive Order

12866. It was not considered significant.

Dated: March 14, 1995.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

[FR Doc. 95-7492 Filed 3-28-95; 8:45 am]

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