Clean Air Act
2.2.3.2 Establishing MACT Standards
manufacturing, clay minerals processing, lightweight aggregate manufacturing, and wet-formed fiberglass mat production) and deleted two source categories (aerosol can-filling facilities and antimony oxides manufacturing).
Eight area source categories were listed for small stationary sources that were considered to pose a health threat on an individual or aggregate basis. Area sources are required to use Generally Available Control Technology (GACT). The area sources are listed in Table 2.6.
The original schedule for MACT and GACT standards called for promulgating 40 standards by November 1992, 28 by November 1994, 28 by November 1997, and 54 by November 2000. These are designated 2-, 4-, 7-, and 10-year standards.
It soon became apparent that the EPA could not meet this schedule, and a lawsuit resulted in a consent decree for court-ordered deadlines that required standards for 14 major sources and 4 area sources to be promulgated by July 1993.7 Court-ordered deadlines tend to be missed less frequently than statutory deadlines to avoid the legal issue of being held in contempt of court.
A list of source categories for which MACT standards have been promulgated is provided in Table 2.7. Source categories for which MACT standards have been proposed or are scheduled to be proposed is provided in Table 2.8.
2.2.3.2 Establishing MACT Standards
The EPA must establish technology-based MACT standards for new and existing sources in the source categories. The minimum level of this technology is called the
“MACT floor.” First, EPA establishes the floor, then determines if the cost and benefit warrant more stringent technology, or going “beyond the floor.”
To evaluate the control technologies, EPA collects information from companies by sending “114 Letters,” which must be answered under the authority of section 114 of the CAA. The information includes emissions, controls, and costs. The EPA also may require source testing of designated facilities.
For existing facilities, the “floor” is the technology used by the best-performing 12% of the existing sources within a source category; unless there are fewer than 30 sources, in which case the standard must be at least as stringent as the average
TABLE 2.6
Area Source Categories
Original Added
Asbestos processing Secondary lead smelting
Chromic acid anodizing Hazardous waste incineration Commercial sterilization facilities Portland cement manufacturing Halogenated solvent cleaners Secondary aluminum production Commercial dry cleaning transfer machines
Commercial dry cleaning dry-to-dry machines Hard chromium electroplating
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23
TABLE 2.7
Final MACT Standards (as of March 6, 2001)
Standard and Source Category 2-Year Bin Originally Due 11/15/92
Dry cleaning: M 9/22/93 9/23/96
Commercial dry-to-dry (Area) Commercial transfer machines (Area) Commercial transfer machines Industrial dry-to-dry Industrial transfer machines
Synthetic organic chemical manufacturing (hazardous organic NESHAP or HON)
F, G, H, I 4/22/94 5/12/98
5/12/99 5/14/01 4-Year Bin Originally Due 11/15/94
Aerospace GG 9/1/95 9/1/98
Asbestos — Delisted 11/30/95 —
Chromium Chemicals Manufacturing — Delisted 11/30/95 —
Chromium electroplating: N 1/25/95 1/25/96
1/25/97
Coke ovens L 10/27/93 —
Commercial sterilizers: O 12/6/94 12/6/98
Commercial sterilization facilities Commercial sterilization facilities (Area)
Degreasing organic cleaners: T 12/2/94 12/2/97
Halogenated solvent cleaners Halogenated solvent cleaners (Area)
Gasoline distribution (Stage 1) R 12/14/94 12/15/97
Hazardous waste combustors Parts 63, 261, and 270
9/30/99 9/30/02
Industrial cooling towers Q 9/8/94 3/8/95
Magnetic tape EE 12/15/94 12/15/96
12/15/97
Marine vessel loading operationsc Y 9/19/95 9/19/95
Off-site waste recovery operations DD 7/1/96 7/1/96
Petroleum refineries CC 8/18/95 8/18/98
Polymers and Resins I: U 9/5/96 7/31/97
Butyl rubber
Epichlorohydrin elastomers Ethylene propylene rubber Hypalon™ production Neoprene production
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Nitrile butadiene rubber Polybutadiene rubber Polysulfide rubber
Styrene-butadiene rubber and latex
Polymers and Resins II: W 3/8/95 3/3/98
Epoxy resins production
Secondary lead smeltersc X 6/23/95 6/23/97
Shipbuilding and ship repair H 12/16/95 12/16/96
Wood furniture JJ 12/7/95 11/21/97
7-Year Bin Originally Due 11/15/97
Aerosol can-filling facilitiesc — Delisted 11/18/99 —
Antimony oxides manufacturingc — Delisted 11/18/99 —
Chromium chemical manufacturing — Delisted 6/4/96 —
Electric arc furnace: stainless and non-stainless steel
— Delisted 6/4/96 —
Ferroalloys production: silicomanganese and ferromanganese
XXX 5/20/99 5/20/01
Flexible polyurethane foam production III 10/7/98 10/8/01
Generic MACT: YY 6/29/99 6/29/02
Acetal resins Hydrogen fluorideb Polycarbonates production Acrylic/modaacrylic fibers
Mineral wool production DDD 6/1/99 6/1/02
Non-stainless steel manufacturing — electric arc furnace operation
— Delisted 6/4/96
Nylon 6 production — Delisted 2/12/98 —
Oil and natural gas production HH 6/17/99 6/17/02
Pesticide active ingredient production MMM 6/23/99 6/30/02
Pharmaceuticals production GGG 9/21/98 9/21/01
Phosphate fertilizers productionc BB 6/10/99 6/10/02
Phosphoric acid manufacturingc AA 6/10/99 6/10/02
TABLE 2.7 (continued)
Final MACT Standards (as of March 6, 2001)
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of the five best-performing facilities. This may not be as onerous as it first appears.
In some industries, the same control technology is commonly used by most facilities.
New source performance standards have been established for a long time for some source categories. It may well be that the best-performing 12% of sources use the same control technology as the best-performing 80% of the existing sources. Then, if MACT is set at the floor level, only 20% of the existing facilities would have to be upgraded to comply with MACT.
For new (and reconstructed) sources, the MACT “floor” is the single controlled similar facility within the source category. Again, if all of the best-performing plants use the same technology, this stringent requirement does not necessarily require that new technology will be required.
The EPA can, however, determine that available technology and the cost and health benefits warrant control technology that is more stringent than the floor technology. Typically, cost effectiveness is expressed in terms of dollars per ton of
Polyether polyols production PPP 6/1/99 6/1/02
Polymers and Resins III: OOO 1/20/00 —
Amino/phenolic resins
Portland cement manufactruing LLL 6/14/99 6/10/02
Primary aluminum productioin LL 10/7/97 10/7/99
Primary lead smelting TTT 6/4/99 6/4/02
Publicly owned treatment works VVV 10/26/99 10/26/02
Pulp and paper (non-combust) MACT I S 4/15/98 4/15/01
Pulp and paper (non-combust) MACT III S 3/8/96 4/16/01
Secondary aluminum production RRR 3/23/00 —
Stainless steel manufacturing — electric arc furnace operation
— Delisted 6/4/96 —
Steel pickling-HCl process facilities and hydrochloric acid regeneration plants
CCC 6/22/99 6/22/01
Tetrahydrobenzaldehyde manufacture F 5/12/98 5/12/01
Wood treatment — Delisted 6/4/96 —
Wool fiberglass manufacturing NNN 6/14/99 6/14/01
10-Year Bin Originally Due 11/15/00 Combustion sources at kraft, soda, and sulfite
pulp and paper millsa
MM 12/15/00 —
Cyanuric chloride production — Delisted 2/12/98 —
Lead acid battery manufacturing — Delisted 5/17/96 —
Natural gas transmission and storage HHH 6/17/99 6/17/02
a Moved from 7-year bin.
bMoved from 10-year bin.
TABLE 2.7 (continued)
Final MACT Standards (as of March 6, 2001)
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TABLE 2.8
Planned MACT Standards (as of March 6, 2001)
Standard and Source Category 10-Year Bin Originally Due 11/15/00
40 CFR 63
Alumina processing To be delisted — —
Asphalt concrete manufacturing To be delisted — —
Asphalt roofing and processing LLLLL 5/01 — 5/02
Asphalt/coal tar application-metal pipes 5/01 — 5/02
Auto and light duty truck (surface coating) IIII 3/01 — 2/02
Boat manufacturing VVVV — 7/14/00 4/01
Brick and structural clay products manufacturing
5/01 2/02
Cellulose manufacturing: — 8/28/00 4/01
Caroxymethylcellulose production
Clay minerals processing 5/01 5/02
Coke by-product plants To be delisted
Coke oven: pushing, quenching, and battery stacks
CCCCC 9/00 9/01
Combustion turbines YYYY 12/00 9/01
Engine test facilities 3/01 5/02
Flexible polyurethane foam fabrication operation
1/01 5/02
Friction products manufacturing QQQQQ 1/01 12/01
Fumed silica production 3/01 2/02
Generic MACT: YY — 12/6/00 4/01
Carbon black production Cyanide chemicals mfg.a Ethylene production Spandex production
Hydrochloric acid production 2/01 2/02
Industrial/commercial/institutional boilers DDDDD 3/01 2/02
Integrated iron and steel manufacturing FFFFF 12/00 10/01
Iron and steel foundries EEEEE 3/01 2/02
Large appliance surface coating NNNN — 12/22/00 9/01
Leather tanning and finishing operations TTTT — 10/2/00 4/01
Lightweight aggregate manufacturing 7/01 — 5/02
Lime manufacturing AAAAA 5/01 — 5/02
Mercury cell chlor-alkali plantsb 2/00 10/01
Metal can surface coating KKKK 5/01 — 5/02
Metal coil surface coating SSSS — 7/18/00 4/01
Metal furniture surface coating RRRR 12/00 9/01
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Misc. Metal parts surface coating MMMM 3/01 2/02
Miscellaneous Organic NESHAP (MON): FFFF 12/00 7/01
Alkyd resins Paints, coatings, and adhesives
OBPA/1,3-diisocyanate
Municipal solid waste landfills AAAA — 11/7/00 9/01
Nutritional yeast manufacturing CCCC — 10/19/98 12/00
Organic liquids distribution (non-gasoline) EEEE 1/01 — 10/01
Paint stripping operations — 5/01 — 5/02
Paper and other webs surface coating JJJJ — 9/13/00 6/01
Petroleum refineries — catalytic cracking, catalytic reforming, and sulfur plant units a
UUU — 9/11/98 9/00
Petroleum solvent dry cleaning Potential
delisting
Plastic parts and products surface coating PPPP 3/01 12/01
Plywood and composite wood products ZZZ 12/00 12/01
Polyvinyl chloride and copolymers production
— 12/8/00 2/01
Primary copper smeltingb QQQ — 4/20/98 11/00
Primary magnesium refining 5/01 3/02
Printing, coating, and dyeing of fabrics OOOO 4/01 — 4/02
Reciprocating internal combustion engines ZZZZ 12/00 11/01
Refractories manufacturing 5/01 5/02
TABLE 2.8 (continued)
Planned MACT Standards (as of March 6, 2001)
Standard and Source Category 10-Year Bin Originally Due 11/15/00
40 CFR 63 9588ch02 frame Page 27 Wednesday, September 5, 2001 9:40 PM
pollutant removed, and considers both capital and operating costs. Also, the EPA promotes flexibility in an attempt to enhance cost effectiveness by incorporating emissions averaging between units into the standards. This allows facilities to choose between lower cost options while still reducing hazardous air pollutant emissions.
While the technology-based MACT standards give a jump-start for action toward controlling HAPs, health-based standards have not been abandoned completely.
Within 8 years after promulgation of the technology-based standards, the EPA is required to review the residual risk associated with hazardous air pollutants. If the EPA determines that the remaining emissions from a facility after application of technology standards still pose a health risk, the facility may have to reduce emis-sions further. This may yet cause the program to fall into the same difficulties that burdened the NESHAP program prior to the 1990 amendments.