# Presentation: 865531

## Air Toxics Compound Analysis:A New NEPA Requirement

- Kevin Black
- Air Quality Specialist
- Federal Highway Administration
- Presented to:
- FHWA Environmental Conference
- Arlington, VA
- June 28, 2006

## Outline of MSAT Presentation

- Background on Mobile Source Air Toxics
- MSAT Policy – Interim Guidance
- MSAT Analysis Methods
- MSAT Mitigation
- Conclusion/Questions

## Background on Mobile Source Air Toxics (MSATs)

## Background on MSATs 

- Clean Air Act (CAA) of 1970 originally established air quality standards (NAAQS) for the criteria pollutants (CAPs)
- Sufficient data from health studies allowed establishing these standards
- CAA recognized that these standards might need to be revised (and others added) and established a process for making revisions

## Background on MSATs

## Background on MSATs 

- During subsequent amendments to CAA and periodic standard reviews, revisions have been made to the NAAQS
- In the CAA Amendments (CAAA) of 1990, Hazardous Air Pollutants were defined and regulated by release into atmosphere, but this only applied to stationary sources
- CAAA did, however, required EPA to evaluate impacts from mobile sources

## Background on MSATs

- EPA conducted the Motor Vehicle Air Toxics Study (MVATS) in 1993 to determine the emissions from vehicles
- This lead to the Mobile Source Air Toxics Rule in March 2001
- The Rule designated 21 compounds emitted by vehicles or fuels that were HAPs and referred to these as MSATS
- Six were identified as priorities for regulation

## Background on MSATs

## Background on MSATs

- In addition, refineries were to maintain current standards for the fuel produced essentially prohibiting reformulations with other toxic compound
- Current regulations for CAPs also benefited HAPs:
- 	- limits on gasoline volatility as determined by the Reid Vapor Pressure (RVP)
- 	- limits on sulfur in diesel fuel

## Background on MSATs

- EPA’s Second Mobile Source Air Toxics Rule (February 2006) - Proposed
- Benzene content of gasoline to be limited to an annual average of 0.62% by volume beginning in 2011
- Exhaust emissions of  hydrocarbons from passenger vehicles operated in cold temperatures phased in between 2010 and 2015
- Passenger Vehicle Standards to be equivalent to those existing in California
- Hydrocarbon emission standard for gasoline cans in 2009

## Background on MSATs

## MSAT Policy – Interim Guidance

- FHWA decided it was important to address MSATs in environmental documents
- Several studies pointed to MSATs as a significant health problem (MATES, NATA)
- FHWA was sued for not having addressed them in some environmental documents
- Some projects had been analyzed for MSATs so approaches to conduct analyses had been developed

## MSAT Policy – Interim Guidance

- FHWA determined that project sponsors must be ***“encouraged”*** to analyze MSATs
- Failure to analyze for MSATs could result in the sponsor and FHWA being sued
- FHWA developed the MSAT Interim Guidance
- A three tiered approach was established in this Guidance which divided projects into groups:
- 	- projects not requiring analysis
- 	- projects requiring qualitative analysis
- 	- projects requiring quantitative analysis

## MSAT Policy – Interim Guidance

- Projects not requiring analysis
- 	- these projects are projects currently exempt under NEPA and conformity rules; mostly project types that have been determined to have no significant impact or one that address safety problems
- 	- those projects that are CE or result in FONZIs after and EA would likely not have to do and MSAT analysis

## MSAT Policy – Interim Guidance

- Projects requiring qualitative analysis
- 	- these projects are projects that the sponsor could readily identify as having some impact, although likely a smaller impact
- 	- most projects will be in this group

## MSAT Policy – Interim Guidance

- Projects requiring quantitative analysis
- 	- this class of projects will likely be obvious too; larger, high profile, often drawing significant negative comments from the community
- 	- these projects may represent only 10 % of more but will require a greater analysis effort including the development of emission inventories
- 	- table summarizes analysis criteria and approaches

## MSAT Policy – Interim Guidance

- The Guidance provides criteria to assist project sponsors determine the required analysis approach

| 
Project Criteria | Analysis Method |  |  |
| --- | --- | --- | --- |
|  | No Analysis | Qualitative Analysis | Quantitative Analysis |
| CE Project | CE Project | ----- | ----- |
| AADT | -----  | < 140, 000 | > 140, 000 |
| Diesel Truck % | -----  | > 8% | > 8% |
| Proximity of Receptors (humans) | -----  | Within 1000 feet | Within 1000 feet |

## MSAT Policy – Interim Guidance

**Contents of Guidance**
**Guidance memo**
**Appendix A:  Sample language for exempt projects**
**Appendix B:  Sample language for qualitative analysis**
**Appendix C:  Sample 1502.22 compliance language**
**Appendix D:  Background**
**	****Attachment A:  List of MSAT compounds**
**	****Attachment B:  FHWA Research Activities**
**	****Attachment C:  40 CFR 1502.22**
**Appendix E:  MSAT mitigation strategies**

## MSAT Analysis Methods

- Exempt
- Qualitative
- 	- descriptive
- 	- charts and graphs
- Quantitative
- 	- emission inventory (burden analysis)
- 	- dispersion analysis
- 	- toxic weighting factor
- 	- risk analysis

## MSAT Analysis Methods

- Exempt Projects still must discuss MSATs
- The Guidance for Exempt Projects can be found in Appendix A

## MSAT Analysis Methods - Qualitative

- Descriptive Text (Appendix B)
- Charts and graphs
- !502.22 qualifying statements (Appendix C)

## MSAT Analysis Methods - Qualitative

## MSAT Analysis Methods - Quantitative

- Descriptive Text
- Analysis discussion method, and data
- !502.22 qualifying statements (Appendix C)

## MSAT Analysis Methods - Quantitative

## MSAT Mitigation

- MSAT mitigation will generally only be required for those projects which have used quantitative analysis
- Mitigation is discussed in the Guidance
- Some possible strategies
- 	- restrict idling of vehicles especially diesel trucks and buses using no idling ordinances
- 	- incorporate wider buffers adjacent to project
- 	- restrict the types of development adjacent to project (i.e., no residences, schools, hospitals)
- 	- evaluate and control emissions from off-road equipment such as construction vehicles

## Conclusion

- Interim Guidance has been released and is effective for all projects which have not completed the NEPA process
- All environmental documents processed should include an analysis (or statement noting exemption) addressing the impacts created by MSATs
- It is useful to note the new emphasis on project impacts created by both the MSAT Guidance and the PM Hotspot Rule released earlier this year, table illustrates similarities

## Conclusion

|  | Regulatory Basis |  | Comments |
| --- | --- | --- | --- |
|  | MSAT Guidance | PM Hotspot Rule |  |
| Evaluation Criteria |  |  |  |
| NEPA, Hotspot Rule, Conformity | NEPA | NEPA, Hotspot Rule, Conformity |  |
| AADT Volume | 140, 000 – 150, 000 AADT | 125, 000 AADT | AADT volumes are guidelines, decision up to DOT/Interagency group  |
| % Diesel Traffic | 8 % | 8 % | Based on national defaults used in MOBILE6   |
| Receptor Susceptibility | Proximity of Receptors | Projects of Air Quality Concern | Decision up to DOT/Interagency group 
 |
|  |  |  |  |
| Evaluation Method | Qualitative/Quantitative | Qualitative | Quantitative analysis required for PM Hotspot when future model validation is completed |
|  |  |  |  |

## Questions  ???

- Kevin Black
- Air Quality Specialist
- Phone:
- 410-962-2177
- E-Mail:
**Kevin.N.Black@fhwa.dot.gov**