EPA Planning to Issue “Residual Risk” Air Toxic Rules


Source: SOCMA
Related Topics: Air Toxics

Under a proposed consent decree with The Sierra Club – emanating from a January 2009 Sierra Club lawsuit – EPA will issue “residual risk” air toxics rules to address remaining risks from toxic emissions in 28 already-regulated industry sectors.  The draft decree, filed in the case Sierra Club v. Lisa Jackson in the US District Court of the Northern District of California, would require EPA to begin taking action by issuing proposals by September 14 for the following categories:

    marine tank vessel loading operations, pharmaceuticals production, printing and publishing, hard and decorative chromium electroplating and chromium anodizing tanks, hydrochloric acid process facilities and regeneration plants for steel pickling, and group 1 polymers and resins.

Under a timeline negotiated with the Sierra Club, EPA would complete all 28 rulemakings by June 15, 2018.

As background, the Clean Air Act requires EPA, within 8 years of promulgating initial, technology-based standards under its air toxics program, to review whether more stringent requirements are needed to address any “residual risk” that remains from a sector’s toxic emissions after the initial standards had been in place.  In its 2009 lawsuit, the Sierra Club argued that EPA had failed to meet these requirements within the 8-year timeframe. 

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