EPA Commits to Review Multiple Air Toxic Standards

July 14, 2010
MGKF News Flash

EPA has agreed to resolve a lawsuit filed by the Sierra Club through entry of a consent decree in Federal District Court. The Sierra Club had alleged through its complaint that EPA failed to satisfy its obligations under the Clean Air Act to review the sufficiency of existing maximum achievable control technology ("MACT") standards for numerous industries, and to evaluate the "residual risk" posed to certain population sectors following implementation of the previously promulgated MACT standards. Pursuant to the terms of the consent decree negotiated between EPA and the Sierra Club and proposed for entry by the Federal District Court for the Northern District of California, EPA would proceed with rulemaking efforts to review and update, as appropriate, MACT standards for the following twenty-eight industry categories:

  • Aerospace manufacturing and rework facilities,
  • Chromium electroplating and anodizing,
  • Ferroalloy production,
  • Flexible polyurethane foam production,
  • Polycarbonate production,
  • Acrylic and modacrylic fibers production,
  • Marine vessel loading operations,
  • Mineral wool production,
  • Off-site waste recovery operations,
  • Pesticide active ingredient production,
  • Pharmaceuticals production,
  • Phosphoric acid,
  • Phosphate fertilizers,
  • Polyether polyols production,
  • Polymers and resins I,
  • Polymers and resins III,
  • Polymers and resins IV,
  • Portland cement manufacturing,
  • Primary aluminum,
  • Primary lead smelting,
  • Printing and publishing,
  • Pulp and paper production,
  • Secondary aluminum,
  • Secondary lead smelting,
  • Shipbuilding and ship repair,
  • Steel pickling process,
  • Wood furniture manufacturing, and
  • Wool fiberglass manufacturing.

EPA will also review residual risks posed by the existing MACT standards for these same industries. EPA will initiate rulemaking activity by September 2010, and intends to complete rulemaking for all but one of the industry sectors by October 2013. These rulemaking efforts will almost certainly result in more stringent MACT standards for many, if not all, of the affected industry categories.