Additional Information Regarding setting a 112(d)(2) MACT standard

Penny Lassiter to: Cortney_Higgins 03/24/2011 05:21 PM

Cc: Wendy Blake, Mike Thrift, Nick Parsons, Mary Kissell

History: This message has been forwarded.

Cortney,

Per our discussion yesterday on the RTR package, where you asked the question regarding 

setting MACT standards for certain P&R I categories where we have found risks to meet the 

ample margin of safety, I conferred with OGC this morning and relayed to them your interest in 

a writeup on this position. OGC suggested that I send you the following information, and then, 

we can discuss this point further with them on the phone tomorrow morning during our 10:30 am 

scheduled call.

Final Petroleum Refineries RTR rule - January 2009 states:

"The requirements for heat exchange systems are appropriately developed under CAA 

section 112(d)(2) because a MACT standard had not been previously developed for this 

emissions source." (see pg. 47 of the attachment)

This statement regarding setting a (d)(2) MACT standard is made in the context of the 

refinery rule where we find that the risks after implementation of the MACT standard 

provides an ample margin of safety:

"The maximum source category MIR remaining after implementation of MACT is 30-in-1 

million, and the annual cancer incidence is estimated to be between 0.03 and 0.05 excess 

cancer cases per year. After implementation of heat exchange system MACT, there are an 

estimated 440,000 people exposed to risks exceeding 1-in-1 million for the source category. 

Additional controls for heat exchange systems would not reduce the maximum facility MIR 

and would reduce cancer incidence by approximately 0.0003 cases per year (i.e., prevent 
three cancer cases every 10,000 years) at an additional cost of over $600 million per cancer 

incidence avoided." (see pg. 23 of the attachment)

Rules

Proposed Rule Final Rule

112 Area Source Rule

112 Major Source

129 Rule

Technology Rules/Residual Risk Rule

Name

Final residual risk/technology review rule for petroleum refineries; rule also sets 

112(d)(2)/(d)(3) MACT standard for cooling towers

Date Due

01/16/2009

Reminder(s) To

Comments

Final residual risk/technology review for petroleum refineries source category. The final 

rule also sets a MACT standard for cooling towers under 112(d)(2)/(d)(3). Jan Tierney 

is the ARLO contact

Attachments

Portland Cement Final Rule (8/2010) - preamble discussion at 75 Fed. Reg. 54,987

"e. PM Emissions from Kilns 

Particulate matter serves as a surrogate for non-volatile metal HAP (a determination 

upheld for this source category in National Lime Ass’n, 233 F. 3d at 637-39). Existing and new 

major sources are presently subject to a PM limit of 0.3 lb/ton of feed which is equivalent to 0.5 

lb/ton clinker. EPA is amending this standard for major sources, and also adding PM standards 

for existing and new area source cement kilns. In all instances, EPA is revising these limits 

because they do not represent MACT, but rather a level which is achievable by the bulk of the 

industry. See 63 FR at 14198 (March 24, 1998); see also 233 F. 3d at 633 (indicating that the 
standards for PM were likely legally deficient but that the argument had not been properly 

preserved for the court to adjudicate). This is not legally permissible. Brick MACT, 479 F. 3d 

at 880-81. EPA thus does not accept the argument of some commenters that EPA may only 

amend promulgated MACT standards by means of the periodic review procedures of 

section 112 (d) (6), which does not include re-determining floor levels. Section 112 

(d)(6)does not indicate that it is the exclusive means of amending MACT standards, and in 

particular does not speak to a situation where an original floor was palpably short of 

statutory requirements and where that floor became the ultimate standard. EPA 

consequently believes it has discretion to reconsider and redo the MACT floor analysis for 

PM, and to amend the standard as appropriate." 

Penny Lassiter

Group Leader

Refining and Chemicals Group (D205-01)

Sector Policies and Programs Division

Office of Air Quality Planning and Standards

U.S. EPA

Research Triangle Park, NC 27711

(919) 541-5396