[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Proposed Rules]
[Pages 3054-3079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00233]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 /
Proposed Rules
[[Page 3054]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2020-0505; FRL-10017-22-OAR]
RIN 2060-AU66
National Emission Standards for Hazardous Air Pollutants: Carbon
Black Production Residual Risk and Technology Review and Carbon Black
Production Area Sources Technology Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing
amendments to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for the Carbon Black Production major source
category. The proposal addresses the results of the residual risk and
technology review (RTR) for this source category as required under the
Clean Air Act (CAA). The proposed amendments address hazardous air
pollutant (HAP) emissions that occur after the main unit filter of a
carbon black production unit, as well as emissions from boilers and
process heaters. The proposed amendments also address the startup,
shutdown, and malfunction (SSM) provisions of the existing standards,
and would require electronic reporting of certain notifications,
performance test results, and semiannual reports. Additionally, the
proposal addresses the results of the technology review for the Carbon
Black Production Area Source NESHAP.
DATES:
Comments. Comments must be received on or before March 1, 2021.
Under the Paperwork Reduction Act (PRA), comments on the information
collection provisions are best assured of consideration if the Office
of Management and Budget (OMB) receives a copy of your comments on or
before February 16, 2021.
Public hearing: If anyone contacts us requesting a public hearing
on or before January 19, 2021, we will hold a virtual public hearing.
See SUPPLEMENTARY INFORMATION for information on requesting and
registering for a public hearing.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2020-0505, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2020-0505 in the subject line of the message.
Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2020-0505.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2020-0505, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document. Out of an abundance of caution
for members of the public and our staff, the EPA Docket Center and
Reading Room are closed to the public, with limited exceptions, to
reduce the risk of transmitting COVID-19. Our Docket Center staff will
continue to provide remote customer service via email, phone, and
webform. We encourage the public to submit comments via https://www.regulations.gov/ or email, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Mr. Korbin Smith Sector Policies and Programs Division
(D243-04), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-2416; fax number: (919) 541-4991;
and email address: [email protected]. For specific information
regarding the risk modeling methodology, contact Mr. James Hirtz,
Health and Environmental Impacts Division (C539-02), Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-0881; fax number: (919) 541-0840; and email address:
[email protected].
SUPPLEMENTARY INFORMATION:
Participation in virtual public hearing. Please note that the EPA
is deviating from its typical approach for public hearings because the
President has declared a national emergency. Due to the current Centers
for Disease Control and Prevention (CDC) recommendations, as well as
state and local orders for social distancing to limit the spread of
COVID-19, the EPA cannot hold in-person public meetings at this time.
To request a virtual public hearing, contact the public hearing
team at (888) 372-8699 or by email at [email protected]. If
requested, the virtual hearing will be held on January 29, 2021. The
hearing will convene at 9:00 a.m. Eastern Time (ET) and will conclude
at 3:00 p.m. ET. The EPA may close a session 15 minutes after the last
pre-registered speaker has testified if there are no additional
speakers. The EPA will announce further details at https://www.epa.gov/stationary-sources-air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-black-hydrogen.
Upon publication of this document in the Federal Register, the EPA
will begin pre-registering speakers for the hearing, if a hearing is
requested. To register to speak at the virtual hearing, please use the
online registration form available at https://www.epa.gov/stationary-sources-air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-black-hydrogen or contact the public hearing
[[Page 3055]]
team at (888) 372-8699 or by email at [email protected]. The
last day to pre-register to speak at the hearing will be January 26,
2021. Prior to the hearing, the EPA will post a general agenda that
will list pre-registered speakers in approximate order at: https://www.epa.gov/stationary-sources-air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-black-hydrogen.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Each commenter will have 5 minutes to provide oral testimony. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) by emailing it to
[email protected]. The EPA also recommends submitting the text of
your oral testimony as written comments to the rulemaking docket.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
Please note that any updates made to any aspect of the hearing will
be posted online at https://www.epa.gov/stationary-sources-air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-black-hydrogen. While the EPA expects the hearing to go forward as set forth
above, please monitor our website or contact the public hearing team at
(888) 372-8699 or by email at [email protected] to determine if
there are any updates. The EPA does not intend to publish a document in
the Federal Register announcing updates.
If you require the services of a translator or a special
accommodation such as audio description, please pre-register for the
hearing with the public hearing team and describe your needs by January
21, 2021. The EPA may not be able to arrange accommodations without
advanced notice.
Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2020-0505. All documents in the docket are
listed in https://www.regulations.gov/. Although listed, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy. With the exception of such material, publicly available docket
materials are available electronically in Regulations.gov.
Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2020-0505. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit electronically any information that you consider
to be CBI or other information whose disclosure is restricted by
statute. This type of information should be submitted by mail as
discussed below.
The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
The EPA is temporarily suspending its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and
faxes. Hand deliveries or couriers will be received by scheduled
appointment only. For further information and updates on EPA Docket
Center services, please visit us online at https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2020-0505. Note that
written comments containing CBI and submitted by mail may be delayed
and no hand deliveries will be accepted.
Preamble acronyms and abbreviations. We use multiple acronyms and
terms in this preamble.
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While this list may not be exhaustive, to ease the reading of this
preamble and for reference purposes, the EPA defines the following
terms and acronyms here:
AEGL Acute exposure guideline level
AERMOD air dispersion model used by the HEM-3 model
ATSDR Agency for Toxic Substance and Disease Registry
CAA Clean Air Act
CalEPA California EPA
CBI Confidential Business Information
CCD combustion control device
CDC Centers for Disease Control and Prevention
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
EAV equivalent annual value
EPA Environmental Protection Agency
ERPG emergency response planning guideline
ERT Electronic Reporting Tool
GACT generally available control technology
HAP hazardous air pollutant(s)
HCl hydrochloric acid
HEM-3 Human Exposure Model, Version 1.5.5
HF hydrogen fluoride
HI hazard index
HQ hazard quotient
ICBA International Carbon Black Association
ICR Information Collection Request
IRIS Integrated Risk Information System
km kilometer
MACT maximum achievable control technology
mg/m3 milligrams per cubic meter
MIR maximum individual risk
MUF main unit filter
NAAQS National Ambient Air Quality Standards
NAICS North American Industry Classification System
NATA National Air Toxics Assessment
NEI National Emissions Inventory
NESHAP national emission standards for hazardous air pollutants
NOAEL no observed adverse effect level
NOCS Notification of Compliance Status
NSR New Source Review
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PB-HAP hazardous air pollutants known to be persistent and bio-
accumulative in the environment
PDF portable document format
POM polycyclic organic matter
ppm parts per million
PRA Paperwork Reduction Act
PV present value
RBLC Reasonably Available Control Technology, Best Available Control
Technology, and Lowest Achievable Emission Rate Clearinghouse
REL reference exposure level
RfC reference concentration
RfD reference dose
RTR residual risk and technology review
SAB Science Advisory Board
SV screening value
SSM startup, shutdown, and malfunction
TOSHI target organ-specific hazard index
tpy tons per year
TRIM.FaTE Total Risk Integrated Methodology.Fate, Transport, and
Ecological Exposure model
UF uncertainty factor
[micro]g/m3 microgram per cubic meter
URE unit risk estimate
USGS U.S. Geological Survey
Organization of this document. The information in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
II. Background
A. What is the statutory authority for this action?
B. What is this source category and how does the current NESHAP
regulate its HAP emissions?
C. What data collection activities were conducted to support
this action?
D. What other relevant background information and data are
available?
III. Analytical Procedures and Decision-Making
A. How do we consider risk in our decision-making?
B. How do we perform the technology review?
C. How do we estimate post-MACT risk posed by the source
category?
IV. Analytical Results and Proposed Decisions
A. What actions are we taking pursuant to CAA sections 112(d)(2)
and 112(d)(3)?
B. What are the results of the risk assessment and analyses?
C. What are our proposed decisions regarding risk acceptability,
ample margin of safety, and adverse environmental effect?
D. What are the results and proposed decisions based on our
technology review?
E. What other actions are we proposing?
F. What compliance dates are we proposing?
V. Summary of Cost, Environmental, and Economic Impacts
A. What are the affected sources?
B. What are the air quality impacts?
C. What are the cost impacts?
D. What are the economic impacts?
E. What are the benefits?
VI. Request for Comments
VII. Submitting Data Corrections
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. Does this action apply to me?
The source categories that are the subject of this proposal are
carbon black production major sources regulated under 40 CFR 63,
subpart YY, and carbon black production area sources, regulated under
40 CFR 63 Subpart MMMMMM (6M). The North American Industry
Classification System (NAICS) code for the carbon black production
industry is 325182. This list of categories and NAICS codes is not
intended to be exhaustive, but rather provides a guide for readers
regarding the entities that this proposed action is likely to affect.
Federal, state, local, and tribal government entities would not be
affected by this proposed action. The Carbon Black Production major
source category was added to EPA's source category list June 4,1996 (61
FR 28197). As defined in the National Emission Standards for Hazardous
Air Pollutants; Revision of Initial List of Categories of Sources and
Schedule for Standards Under Sections 112(c) and (e) of the Clean Air
Act Amendments of 1990, the Carbon Black Production major source
categories are any facility engaged in the manufacture of carbon black
using the channel, thermal, or furnace process. (61 FR 28197, June 4,
1996). The Carbon Black Production area source category was added to
the EPA's source category list in 2002. (67 FR 70427, November 22,
2002).
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this action is available on the internet. Following signature by the
EPA Administrator, the EPA will post a copy of this proposed action at
https://www.epa.gov/stationary-sources-air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-black-hydrogen. Following publication
in the Federal Register, the EPA will post the Federal Register version
of the proposal and key technical documents at this same website.
Information on the overall RTR program is available at
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https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html.
The proposed changes to the CFR that would be necessary to
incorporate the changes proposed in this action are set out in an
attachment to the memorandum titled Proposed Regulation Edits for 40
CFR part 63, subpart YY, available in the docket for this action
(Docket ID No. EPA-HQ-OAR-2020-0505). The document includes the
specific proposed amendatory language for revising the CFR and, for the
convenience of interested parties, a redline version of the regulation.
Following signature by the EPA Administrator, the EPA will also post a
copy of this memorandum and the attachments to https://www.epa.gov/stationary-sources-air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-black-hydrogen.
II. Background
A. What is the statutory authority for this action?
The statutory authority for this action is provided by sections 112
and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 112 of
the CAA establishes a two-stage regulatory process to develop standards
for emissions of hazardous air pollutants (HAP) from stationary
sources. Generally, the first stage involves establishing technology-
based standards and the second stage involves evaluating those
standards that are based on maximum achievable control technology
(MACT) to determine whether additional standards are needed to address
any remaining risk associated with HAP emissions. This second stage is
commonly referred to as the ``residual risk review.'' In addition to
the residual risk review, the CAA also requires the EPA to review
standards set under CAA section 112 every 8 years and revise the
standards as necessary taking into account any ``developments in
practices, processes, or control technologies.'' This review is
commonly referred to as the ``technology review.'' When the two reviews
are combined into a single rulemaking, it is commonly referred to as
the ``risk and technology review.'' The discussion that follows
identifies the most relevant statutory sections and briefly explains
the contours of the methodology used to implement these statutory
requirements. A more comprehensive discussion appears in the document
titled CAA Section 112 Risk and Technology Reviews: Statutory Authority
and Methodology, in the docket for this rulemaking.
In the first stage of the CAA section 112 standard setting process,
the EPA promulgates technology-based standards under CAA section 112(d)
for categories of sources identified as emitting one or more of the HAP
listed in CAA section 112(b). Sources of HAP emissions are either major
sources or area sources, and CAA section 112 establishes different
requirements for major source standards and area source standards.
``Major sources'' are those that emit or have the potential to emit 10
tons per year (tpy) or more of a single HAP or 25 tpy or more of any
combination of HAP. All other sources are ``area sources.'' For major
sources, CAA section 112(d)(2) provides that the technology-based
NESHAP must reflect the maximum degree of emission reductions of HAP
achievable (after considering cost, energy requirements, and non-air
quality health and environmental impacts). These standards are commonly
referred to as MACT standards. CAA section 112(d)(3) also establishes a
minimum control level for MACT standards, known as the MACT ``floor.''
In certain instances, as provided in CAA section 112(h), the EPA may
set work practice standards in lieu of numerical emission standards.
The EPA must also consider control options that are more stringent than
the floor. Standards more stringent than the floor are commonly
referred to as beyond-the-floor standards. For area sources, CAA
section 112(d)(5) gives the EPA discretion to set standards based on
generally available control technologies or management practices (GACT
standards) in lieu of MACT standards.
The second stage in standard-setting focuses on identifying and
addressing any remaining (i.e., ``residual'') risk pursuant to CAA
section 112(f). For source categories subject to MACT standards,
section 112(f)(2) of the CAA requires the EPA to determine whether
promulgation of additional standards is needed to provide an ample
margin of safety to protect public health or to prevent an adverse
environmental effect. Section 112(d)(5) of the CAA provides that this
residual risk review is not required for categories of area sources
subject to GACT standards. Section 112(f)(2)(B) of the CAA further
expressly preserves the EPA's use of the two-step approach for
developing standards to address any residual risk and the Agency's
interpretation of ``ample margin of safety'' developed in the National
Emissions Standards for Hazardous Air Pollutants: Benzene Emissions
from Maleic Anhydride Plants, Ethylbenzene/Styrene Plants, Benzene
Storage Vessels, Benzene Equipment Leaks, and Coke By-Product Recovery
Plants (Benzene NESHAP) (54 FR 38044, September 14, 1989). The EPA
notified Congress in the Residual Risk Report that the Agency intended
to use the Benzene NESHAP approach in making CAA section 112(f)
residual risk determinations (EPA-453/R-99-001, p. ES-11). The EPA
subsequently adopted this approach in its residual risk determinations
and the United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit Court) upheld the EPA's interpretation that CAA
section 112(f)(2) incorporates the approach established in the Benzene
NESHAP. See NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008).
The approach incorporated into the CAA and used by the EPA to
evaluate residual risk and to develop standards under CAA section
112(f)(2) is a two-step approach. In the first step, the EPA determines
whether risks are acceptable. This determination ``considers all health
information, including risk estimation uncertainty, and includes a
presumptive limit on maximum individual lifetime [cancer] risk (MIR)
\1\ of approximately 1 in 10 thousand.'' (54 FR 38045). If risks are
unacceptable, the EPA must determine the emissions standards necessary
to reduce risk to an acceptable level without considering costs. In the
second step of the approach, the EPA considers whether the emissions
standards provide an ample margin of safety to protect public health
``in consideration of all health information, including the number of
persons at risk levels higher than approximately 1 in 1 million, as
well as other relevant factors, including costs and economic impacts,
technological feasibility, and other factors relevant to each
particular decision.'' Id. The EPA must promulgate emission standards
necessary to provide an ample margin of safety to protect public health
or determine that the standards being reviewed provide an ample margin
of safety without any revisions. After conducting the ample margin of
safety analysis, we consider whether a more stringent standard is
necessary to prevent, taking into consideration costs, energy, safety,
and other relevant factors, an adverse environmental effect.
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\1\ Although defined as ``maximum individual risk,'' MIR refers
only to cancer risk. MIR, one metric for assessing cancer risk, is
the estimated risk if an individual were exposed to the maximum
level of a pollutant for a lifetime.
---------------------------------------------------------------------------
CAA section 112(d)(6) separately requires the EPA to review
standards promulgated under CAA section 112 and revise them ``as
necessary (taking into account developments in practices, processes,
and control technologies)'' no
[[Page 3058]]
less often than every 8 years. In conducting this review, which we call
the ``technology review,'' the EPA is not required to recalculate the
MACT floor. Natural Resources Defense Council (NRDC) v. EPA, 529 F.3d
1077, 1084 (D.C. Cir. 2008). Association of Battery Recyclers, Inc. v.
EPA, 716 F.3d 667 (D.C. Cir. 2013). The EPA may consider cost in
deciding whether to revise the standards pursuant to CAA section
112(d)(6). The EPA is required to address regulatory gaps, such as
missing standards for listed air toxics known to be emitted from the
source category. Louisiana Environmental Action Network (LEAN) v. EPA,
955 F.3d 1088 (D.C. Cir. 2020).
B. What is this source category and how does the current NESHAP
regulate its HAP emissions?
The NESHAP for the Carbon Black Production major source category
was promulgated on July 12, 2002 (67 FR 46258), and codified at 40 CFR
part 63, subpart YY. Additionally, the Carbon Black Production area
source NESHAP was promulgated on July 16, 2007 (72 FR 38864), and
codified at 40 CFR part 63, subpart MMMMMM. Subpart MMMMMM was
subsequently amended by a direct final rule on March 26, 2008 (73 FR
15923). As promulgated, the Carbon Black Production major source and
area source NESHAPs apply to affected sources of HAP at carbon black
production facilities that are, respectively, major sources and area
sources of HAP. The affected sources covered by subpart YY include each
carbon black production process unit, along with associated process
vents and equipment that are located at a major source, as defined in
section 112(a) of the CAA.
Emissions limits in the 2002 major source NESHAP for the Carbon
Black Production source category were set for process vents associated
with the main unit filter (MUF). Process vents at the MUF that have a
HAP concentration of the emission stream equal to or greater than 260
parts per million by volume (ppmv), must reduce emissions of HAP by the
use of a flare meeting the requirements of 40 CFR part 63, subpart SS,
or must reduce emissions of total HAP by 98 weight-percent or to a
concentration of 20 ppmv, whichever is less stringent, by venting
emissions through a closed vent system to any combination of control
devices meeting the requirements of subpart SS of this part, as
specified in 40 CFR 63.982(a)(2). 40 CFR 63.982(a)(2) specifies
separate compliance depending on whether the closed vent system is
routed to a flare, or a non-flare control device. These provisions
include flare compliance assessments, and specific monitoring,
recordkeeping, and reporting requirements. Emission limits for the
Carbon Black Production area source category NESHAP reference the
provisions of the major source standard.
C. What data collection activities were conducted to support this
action?
For the residual risk assessment, the EPA utilized data from the
2016 National Emissions Inventory (NEI). The NEI is a database that
contains information about sources that emit criteria air pollutants,
their precursors, and HAP. The database includes estimates of annual
air pollutant emissions from point, nonpoint, and mobile sources in the
50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin
Islands. The EPA collects this information and releases an updated
version of the NEI database every 3 years. The NEI contains data
necessary for conducting the residual risk assessment, including annual
HAP emissions estimates from individual emission points at facilities
in the Carbon Black Production source category, and related emissions
release parameters.
The 2016 NEI data for the Carbon Black Production source category
was reviewed and updated as appropriate by the International Carbon
Black Association (ICBA). Major source members of ICBA represent all
major sources subject to this regulation. The information received
included descriptions of HAP-emitting processes, information on the
HAP-containing materials used, estimates of emissions, and descriptions
of control technologies, if present.
The EPA used NEI emissions data and the review by ICBA as the
primary technical basis for developing the model input files for the
residual risk assessment for the Carbon Black Production source
category. Additional information on the development of the modeling
file for the Carbon Black Production source category can be found in
the document, Residual Risk Assessment for the Carbon Black Production
Source Category in Support of the Risk and Technology Review 2020
Proposed Rule, which is available in the docket for this rulemaking.
To support both the residual risk assessment and the technology
review addressed in this action, the EPA visited two carbon black
production facilities. During the visits, the EPA discussed process
operations, compliance with the existing NESHAP, description of the
emission points, process controls, unregulated emissions, and other
aspects of facility operations. The EPA used the information provided
by the facilities to understand the various operations, existing
controls, and new developments in practices, processes, and control
technologies for the source category. Additional information can be
found in the site visit reports, the Orion Borger Facility Site Visit
Report and the Sid Richardson Addis Facility Site Visit Report, which
are available in the docket for this action.
D. What other relevant background information and data are available?
For the technology review, we reviewed the Reasonably Available
Control Technology (RACT), Best Available Control Technology (BACT),
and Lowest Achievable Emission Rate (LAER) Clearinghouse (RBLC). This
is a database that contains case-specific information on air pollution
control technologies that have been required to reduce the emissions of
air pollutants from stationary sources. Under the EPA's New Source
Review (NSR) program, if a facility is planning new construction or a
modification that will increase the air emissions above certain defined
thresholds, an NSR permit may be required. The RBLC promotes the
sharing of information among permitting agencies and aids in case-by-
case BACT and LAER determinations for NSR permits. We examined
information contained in the RBLC to determine what technologies are
currently used for this source category to reduce air emissions and did
not identify any new technologies.
Additional information about these data collection activities for
the technology review is contained in the technology review memorandum,
Technology Review for the Carbon Black Production Source Category,
which is available in the docket for this action.
III. Analytical Procedures and Decision-Making
In this section, we describe the analyses performed to support the
proposed decisions for the RTR and other issues addressed in this
proposal.
A. How do we consider risk in our decision-making?
As discussed in section II.A of this preamble and in the Benzene
NESHAP, in evaluating and developing standards under CAA section
112(f)(2), we apply a two-step approach to determine whether or not
risks are acceptable and to determine if the standards provide an ample
margin of safety to protect public health. As explained in the Benzene
NESHAP, ``the first step judgment on acceptability cannot be reduced to
any
[[Page 3059]]
single factor'' and, thus, ``[t]he Administrator believes that the
acceptability of risk under section 112 is best judged on the basis of
a broad set of health risk measures and information.'' (54 FR 38046).
Similarly, with regard to the ample margin of safety determination,
``the Agency again considers all of the health risk and other health
information considered in the first step. Beyond that information,
additional factors relating to the appropriate level of control will
also be considered, including cost and economic impacts of controls,
technological feasibility, uncertainties, and any other relevant
factors.'' Id.
The Benzene NESHAP approach provides flexibility regarding factors
the EPA may consider in making determinations and how the EPA may weigh
those factors for each source category. The EPA conducts a risk
assessment that provides estimates of the MIR posed by emissions of HAP
that are carcinogens from each source in the source category, the
hazard index (HI) for chronic exposures to HAP with the potential to
cause noncancer health effects, and the hazard quotient (HQ) for acute
exposures to HAP with the potential to cause noncancer health
effects.\2\ The assessment also provides estimates of the distribution
of cancer risk within the exposed populations, cancer incidence, and an
evaluation of the potential for an adverse environmental effect. The
scope of the EPA's risk analysis is consistent with the explanation in
the EPA's response to comments on our policy under the Benzene NESHAP:
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\2\ The MIR is defined as the cancer risk associated with a
lifetime of exposure at the highest concentration of HAP where
people are likely to live. The HQ is the ratio of the potential HAP
exposure concentration to the noncancer dose-response value; the HI
is the sum of HQs for HAP that affect the same target organ or organ
system.
The policy chosen by the Administrator permits consideration of
multiple measures of health risk. Not only can the MIR figure be
considered, but also incidence, the presence of non-cancer health
effects, and the uncertainties of the risk estimates. In this way,
the effect on the most exposed individuals can be reviewed as well
as the impact on the general public. These factors can then be
weighed in each individual case. This approach complies with the
Vinyl Chloride mandate that the Administrator ascertain an
acceptable level of risk to the public by employing his expertise to
assess available data. It also complies with the Congressional
intent behind the CAA, which did not exclude the use of any
particular measure of public health risk from the EPA's
consideration with respect to CAA section 112 regulations, and
thereby implicitly permits consideration of any and all measures of
health risk which the Administrator, in his judgment, believes are
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appropriate to determining what will ``protect the public health.''
(54 FR 38057). Thus, the level of the MIR is only one factor to be
weighed in determining acceptability of risk. The Benzene NESHAP
explained that ``an MIR of approximately one in 10 thousand should
ordinarily be the upper end of the range of acceptability. As risks
increase above this benchmark, they become presumptively less
acceptable under CAA section 112, and would be weighed with the other
health risk measures and information in making an overall judgment on
acceptability. Or, the Agency may find, in a particular case, that a
risk that includes an MIR less than the presumptively acceptable level
is unacceptable in the light of other health risk factors.'' Id. at
38045. In other words, risks that include an MIR above 100-in-1 million
may be determined to be acceptable, and risks with an MIR below that
level may be determined to be unacceptable, depending on all of the
available health information. Similarly, with regard to the ample
margin of safety analysis, the EPA stated in the Benzene NESHAP that:
``EPA believes the relative weight of the many factors that can be
considered in selecting an ample margin of safety can only be
determined for each specific source category. This occurs mainly
because technological and economic factors (along with the health-
related factors) vary from source category to source category.'' Id. at
38061. We also consider the uncertainties associated with the various
risk analyses, as discussed earlier in this preamble, in our
determinations of acceptability and ample margin of safety.
The EPA notes that it has not considered certain health information
to date in making residual risk determinations. At this time, we do not
attempt to quantify the HAP risk that may be associated with emissions
from other facilities that do not include the source category under
review, mobile source emissions, natural source emissions, persistent
environmental pollution, or atmospheric transformation in the vicinity
of the sources in the category.
The EPA understands the potential importance of considering an
individual's total exposure to HAP in addition to considering exposure
to HAP emissions from the source category and facility. We recognize
that such consideration may be particularly important when assessing
noncancer risk, where pollutant-specific exposure health reference
levels (e.g., reference concentrations (RfCs)) are based on the
assumption that thresholds exist for adverse health effects. For
example, the EPA recognizes that, although exposures attributable to
emissions from a source category or facility alone may not indicate the
potential for increased risk of adverse noncancer health effects in a
population, the exposures resulting from emissions from the facility in
combination with emissions from all of the other sources (e.g., other
facilities) to which an individual is exposed may be sufficient to
result in an increased risk of adverse noncancer health effects. In May
2010, the Science Advisory Board (SAB) advised the EPA ``that RTR
assessments will be most useful to decision makers and communities if
results are presented in the broader context of aggregate and
cumulative risks, including background concentrations and contributions
from other sources in the area.'' \3\
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\3\ Recommendations of the SAB Risk and Technology Review
Methods Panel are provided in their report, which is available at:
https://yosemite.epa.gov/sab/sabproduct.nsf/
4AB3966E263D943A8525771F00668381/$File/EPA-SAB-10-007-unsigned.pdf.
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In response to the SAB recommendations, the EPA incorporates
cumulative risk analyses into its RTR risk assessments. The Agency: (1)
Conducts facility-wide assessments, which include source category
emission points, as well as other emission points within the
facilities; (2) combines exposures from multiple sources in the same
category that could affect the same individuals; and (3) for some
persistent and bioaccumulative pollutants, analyzes the ingestion route
of exposure. In addition, the RTR risk assessments consider aggregate
cancer risk from all carcinogens and aggregated noncancer HQs for all
noncarcinogens affecting the same target organ or target organ system.
Although we are interested in placing source category and facility-
wide HAP risk in the context of total HAP risk from all sources
combined in the vicinity of each source, we are concerned about the
uncertainties of doing so. Estimates of total HAP risk from emission
sources other than those that we have studied in depth during this RTR
review would have significantly greater associated uncertainties than
the source category or facility-wide estimates. Such aggregate or
cumulative assessments would compound those uncertainties, making the
assessments too unreliable.
B. How do we perform the technology review?
Our technology review primarily focuses on the identification and
[[Page 3060]]
evaluation of developments in practices, processes, and control
technologies that have occurred since the MACT standards were
promulgated. Where we identify such developments, we analyze their
technical feasibility, estimated costs, energy implications, and non-
air environmental impacts. We also consider the emission reductions
associated with applying each development. This analysis informs our
decision of whether it is ``necessary'' to revise the emissions
standards. In addition, we consider the appropriateness of applying
controls to new sources versus retrofitting existing sources. For this
exercise, we consider any of the following to be a ``development'':
Any add-on control technology or other equipment that was
not identified and considered during development of the original MACT
standards;
Any improvements in add-on control technology or other
equipment (that were identified and considered during development of
the original MACT standards) that could result in additional emissions
reduction;
Any work practice or operational procedure that was not
identified or considered during development of the original MACT
standards;
Any process change or pollution prevention alternative
that could be broadly applied to the industry and that was not
identified or considered during development of the original MACT
standards; and
Any significant changes in the cost (including cost
effectiveness) of applying controls (including controls the EPA
considered during the development of the original MACT standards).
In addition to reviewing the practices, processes, and control
technologies that were considered at the time we originally developed
the NESHAP, we review a variety of data sources in our investigation of
potential practices, processes, or controls. We also review the NESHAP
and the available data to determine if there are any unregulated
emissions of HAP within the source category and evaluate this data for
use in developing new emission standards. See sections II.C and II.D of
this preamble for information on the specific data sources that were
reviewed as part of the technology review.
C. How do we estimate post-MACT risk posed by the source category?
In this section, we provide a complete description of the types of
analyses that we generally perform during the risk assessment process.
In some cases, we do not perform a specific analysis because it is not
relevant. For example, in the absence of emissions of HAP known to be
persistent and bioaccumulative in the environment (PB-HAP), we would
not perform a multipathway exposure assessment. Where we do not perform
an analysis, we state that we do not and provide the reason. While we
present all of our risk assessment methods, we only present risk
assessment results for the analyses actually conducted (see section
IV.B of this preamble).
The EPA conducts a risk assessment that provides estimates of the
MIR for cancer posed by the HAP emissions from each source in the
source category, the HI for chronic exposures to HAP with the potential
to cause noncancer health effects, and the HQ for acute exposures to
HAP with the potential to cause noncancer health effects. The
assessment also provides estimates of the distribution of cancer risk
within the exposed populations, cancer incidence, and an evaluation of
the potential for an adverse environmental effect. The seven sections
that follow this paragraph describe how we estimated emissions and
conducted the risk assessment. The docket for this rulemaking contains
the following document which provides more information on the risk
assessment inputs and models: Residual Risk Assessment for the Carbon
Black Production Source Category in Support of the 2020 Risk and
Technology Review Proposed Rule. The methods used to assess risk (as
described in the seven primary steps below) are consistent with those
described by the EPA in the document reviewed by a panel of the EPA's
SAB in 2009; \4\ and described in the SAB review report issued in 2010.
They are also consistent with the key recommendations contained in that
report.
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\4\ U.S. EPA. Risk and Technology Review (RTR) Risk Assessment
Methodologies: For Review by the EPA's Science Advisory Board with
Case Studies--MACT I Petroleum Refining Sources and Portland Cement
Manufacturing, June 2009. EPA-452/R-09-006. https://www3.epa.gov/airtoxics/rrisk/rtrpg.html.
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1. How did we estimate actual emissions and identify the emissions
release characteristics?
The estimated actual emissions and the emission release
characteristics for each facility in the source category were obtained
from the 2016 NEI. In addition, the EPA provided draft actual emissions
data and stack parameters to facilities for review and confirmation. In
some cases, facilities were contacted to confirm emissions that
appeared to be outliers, otherwise inconsistent with our understanding
of the industry, or associated with high risk values in our initial
risk screening analyses. Where appropriate, emission values and release
characteristics were corrected, based on revised stack parameter
information provided by the facilities. Additional information on the
development of the modeling file for the source category, including the
development of the actual emissions and emissions release
characteristics, can be found in the Appendix 1 of the document,
Residual Risk Assessment for Carbon Black Production Source Category in
Support of the 2020 Risk and Technology Review Proposed Rule, which is
available in the docket for this action.
2. How did we estimate MACT-allowable emissions?
The available emissions data in the RTR emissions dataset include
estimates of the mass of HAP emitted during a specified annual time
period. These ``actual'' emission levels are often lower than the
emission levels allowed under the requirements of the current MACT
standards. The emissions allowed under the MACT standards are referred
to as the ``MACT-allowable'' emissions. We discussed the consideration
of both MACT-allowable and actual emissions in the final Coke Oven
Batteries RTR (70 FR 19992, 19998 through 19999, April 15, 2005) and in
the proposed and final Hazardous Organic NESHAP RTR (71 FR 34421,
34428, June 14, 2006, and 71 FR 76603, 76609, December 21, 2006,
respectively). In those actions, we noted that assessing the risk at
the MACT-allowable level is inherently reasonable since that risk
reflects the maximum level facilities could emit and still comply with
national emission standards. We also explained that it is reasonable to
consider actual emissions, where such data are available, in both steps
of the risk analysis, in accordance with the Benzene NESHAP approach.
(54 FR 38044.)
In order to calculate allowable emissions, a detailed analysis of
the source category was conducted to determine how each major source
facility meets the emissions standards of the Carbon Black NESHAP. With
respect to the various types of controls used within the source
category, all facilities use a combination of combustion control
devices (CCDs). Facilities that manufacture carbon black typically have
several types of CCDs including but not limited to, flares,
incinerators, boilers/process heaters, and dryers. CCDs can be used to
control emissions for a single emissions source, or as is generally the
case, to control emissions from multiple emission sources/emission
source types.
[[Page 3061]]
Historically, the majority of facilities in this source category
utilize flares to control emissions. Emissions reductions for flares in
this source category presume to control HAP at a level of 98 percent
(e.g., see as an example, Technical Supplement 4: Flares in ``2016
Emissions Inventory Guidelines,'' (TCEQ 2017)). Due to ongoing consent
decrees, several facilities are transitioning from flares to
incinerators to reduce criteria pollutants. Since the current emission
limit allows the use of a flare, or to control emissions to 98 percent,
and all facilities utilize a CCD meeting those requirements, it is
appropriate to estimate actual emissions as equal to allowable
emissions.
For equipment leaks, which are subject to work practice standards,
there is no difference between actual and MACT-allowable emissions for
facilities in the Carbon Black Production source category. This is
because all facilities are using the same work practice standard, and
when the work practice standard is correctly applied, the actual
emissions that result are the same as allowable emissions. For
additional information on the allowable calculations, see Development
of the RTR Proposal Risk Modeling Dataset for the Carbon Black
Production Source Category, available in the docket for this
rulemaking.
3. How do we conduct dispersion modeling, determine inhalation
exposures, and estimate individual and population inhalation risk?
Both long-term and short-term inhalation exposure concentrations
and health risk from the source category addressed in this proposal
were estimated using the Human Exposure Model (HEM-3).\5\ The HEM-3
performs three primary risk assessment activities: (1) Conducting
dispersion modeling to estimate the concentrations of HAP in ambient
air, (2) estimating long-term and short-term inhalation exposures to
individuals residing within 50 kilometers (km) of the modeled sources,
and (3) estimating individual and population-level inhalation risk
using the exposure estimates and quantitative dose-response
information.
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\5\ For more information about HEM-3, go to https://www.epa.gov/fera/risk-assessment-and-modeling-human-exposure-model-hem.
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a. Dispersion Modeling
The air dispersion model AERMOD, used by the HEM-3 model, is one of
the EPA's preferred models for assessing air pollutant concentrations
from industrial facilities.\6\ To perform the dispersion modeling and
to develop the preliminary risk estimates, HEM-3 draws on three data
libraries. The first is a library of meteorological data, which is used
for dispersion calculations. This library includes 1 year (2016) of
hourly surface and upper air observations from 824 meteorological
stations selected to provide coverage of the United States and Puerto
Rico. A second library of United States Census Bureau census block \7\
internal point locations and populations provides the basis of human
exposure calculations (U.S. Census, 2010). In addition, for each census
block, the census library includes the elevation and controlling hill
height, which are also used in dispersion calculations. A third library
of pollutant-specific dose-response values is used to estimate health
risk. These are discussed below.
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\6\ U.S. EPA. Revision to the Guideline on Air Quality Models:
Adoption of a Preferred General Purpose (Flat and Complex Terrain)
Dispersion Model and Other Revisions (70 FR 68218, November 9,
2005).
\7\ A census block is the smallest geographic area for which
census statistics are tabulated.
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b. Risk From Chronic Exposure to HAP
In developing the risk assessment for chronic exposures, we use the
estimated annual average ambient air concentrations of each HAP emitted
by each source in the source category. The HAP air concentrations at
each nearby census block centroid located within 50 km of the facility
are a surrogate for the chronic inhalation exposure concentration for
all the people who reside in that census block. A distance of 50 km is
consistent with both the analysis supporting the 1989 Benzene NESHAP
(54 FR 38044) and the limitations of Gaussian dispersion models,
including AERMOD.
For each facility, we calculate the MIR as the cancer risk
associated with a continuous lifetime (24 hours per day, 7 days per
week, 52 weeks per year, 70 years) exposure to the maximum
concentration at the centroid of each inhabited census block. We
calculate individual cancer risk by multiplying the estimated lifetime
exposure to the ambient concentration of each HAP (in micrograms per
cubic meter ([mu]g/m\3\)) by its unit risk estimate (URE). The URE is
an upper-bound estimate of an individual's incremental risk of
contracting cancer over a lifetime of exposure to a concentration of 1
microgram of the pollutant per cubic meter of air. For residual risk
assessments, we generally use UREs from the EPA's Integrated Risk
Information System (IRIS). For carcinogenic pollutants without IRIS
values, we look to other reputable sources of cancer dose-response
values, often using California EPA (CalEPA) UREs, where available. In
cases where new, scientifically credible dose-response values have been
developed in a manner consistent with EPA guidelines and have undergone
a peer review process similar to that used by the EPA, we may use such
dose-response values in place of, or in addition to, other values, if
appropriate. The pollutant-specific dose-response values used to
estimate health risk are available at https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks-associated-exposure-hazardous-air-pollutants.
To estimate individual lifetime cancer risks associated with
exposure to HAP emissions from each facility in the source category, we
sum the risks for each of the carcinogenic HAP \8\ emitted by the
modeled facility. We estimate cancer risk at every census block within
50 km of every facility in the source category. The MIR is the highest
individual lifetime cancer risk estimated for any of those census
blocks. In addition to calculating the MIR, we estimate the
distribution of individual cancer risks for the source category by
summing the number of individuals within 50 km of the sources whose
estimated risk falls within a specified risk range. We also estimate
annual cancer incidence by multiplying the estimated lifetime cancer
risk at each census block by the number of people residing in that
block, summing results for all of the census blocks, and then dividing
this result by a 70-year lifetime.
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\8\ The EPA classification system is, in general, an adaptation
of the International Agency for Research on Cancer (IARC, 1982)
approach for classifying the weight of evidence for human data and
animal data. The EPA classification system for the characterization
of the overall weight of evidence for carcinogenicity (animal,
human, and other supportive data) includes: Group A--Carcinogenic to
Humans; Group B--Probably Carcinogenic to Humans; Group C--Possibly
Carcinogenic to Humans; Group D--Not Classifiable as to Human
Carcinogenicity; and Group E--Evidence of Noncarcinogenicity for
Humans. These classifications also coincide with the terms,
``carcinogenic to humans, probably carcinogenic to humans, and
possibly carcinogenic to humans,'' respectively, which are the terms
advocated in the EPA's Guidelines for Carcinogenic Risk Assessment,
published in 1986 (51 FR 33992, September 24, 1986); https://nepis.epa.gov/Exe/ZyPDF.cgi/30004TZX.PDF?/Dockey=/30004TZX.PDF.
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To assess the risk of noncancer health effects from chronic
exposure to HAP, we calculate either an HQ or a target organ-specific
hazard index (TOSHI). We calculate an HQ when a single noncancer HAP is
emitted. Where more than one noncancer HAP is emitted, we sum the HQ
for each of the HAP that affects a common target organ or target
[[Page 3062]]
organ system to obtain a TOSHI. The HQ is the estimated exposure
divided by the chronic noncancer dose-response value, which is a value
selected from one of several sources. The preferred chronic noncancer
dose-response value is the EPA RfC, defined as ``an estimate (with
uncertainty spanning perhaps an order of magnitude) of a continuous
inhalation exposure to the human population (including sensitive
subgroups) that is likely to be without an appreciable risk of
deleterious effects during a lifetime'' (https://iaspub.epa.gov/sor_internet/registry/termreg/searchandretrieve/glossaries/and/keyword/lists/search.do?/details=/&vocabName=/IRIS%20/Glossary). In cases where
an RfC from the EPA's IRIS is not available or where the EPA determines
that using a value other than the RfC is appropriate, the chronic
noncancer dose-response value can be a value from the following
prioritized sources, which define their dose-response values similarly
to the EPA: (1) The Agency for Toxic Substances and Disease Registry
(ATSDR) Minimum Risk Level (https://www.atsdr.cdc.gov/mrls/index.asp);
(2) the CalEPA Chronic Reference Exposure Level (REL) (https://oehha.ca.gov/air/crnr/notice-adoption-air-toxics-hot-spots-program-guidance-manual-preparation-health-risk-0); or (3) as noted above, a
scientifically credible dose-response value that has been developed in
a manner consistent with the EPA guidelines and has undergone a peer
review process similar to that used by the EPA. The pollutant-specific
dose-response values used to estimate health risks are available at
https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks-associated-exposure-hazardous-air-pollutants.
c. Risk From Acute Exposure to HAP That May Cause Health Effects Other
Than Cancer
For each HAP for which appropriate acute inhalation dose-response
values are available, the EPA also assesses the potential health risks
due to acute exposure. For these assessments, the EPA makes
conservative assumptions about emission rates, meteorology, and
exposure location. As part of our efforts to continually improve our
methodologies to evaluate the risks that HAP emitted from categories of
industrial sources pose to human health and the environment,\9\ we
revised our treatment of meteorological data to use reasonable worst-
case air dispersion conditions in our acute risk screening assessments
instead of worst-case air dispersion conditions. This revised treatment
of meteorological data and the supporting rationale are described in
more detail in Residual Risk Assessment for the Carbon Black Production
Source Category in Support of the 2020 Risk and Technology Review
Proposed Rule and in Appendix 5 of the report: Technical Support
Document for Acute Risk Screening Assessment. This revised approach has
been used in this proposed rule and in all other RTR rulemakings
proposed on or after June 3, 2019.
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\9\ See, e.g., U.S. EPA. Screening Methodologies to Support Risk
and Technology Reviews (RTR): A Case Study Analysis (Draft Report,
May 2017. https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html).
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To assess the potential acute risk to the maximally exposed
individual, we use the peak hourly emission rate for each emission
point,\10\ reasonable worst-case air dispersion conditions (i.e., 99th
percentile), and the point of highest off-site exposure. Specifically,
we assume that peak emissions from the source category and reasonable
worst-case air dispersion conditions co-occur and that a person is
present at the point of maximum exposure.
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\10\ In the absence of hourly emission data, we develop
estimates of maximum hourly emission rates by multiplying the
average actual annual emissions rates by a factor (either a
category-specific factor or a default factor of 10) to account for
variability. This is documented in Residual Risk Assessment for
Carbon Black Production Source Category in Support of the 2020 Risk
and Technology Review Proposed Rule and in Appendix 5 of the report:
Technical Support Document for Acute Risk Screening Assessment. Both
are available in the docket for this rulemaking.
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To characterize the potential health risks associated with
estimated acute inhalation exposures to a HAP, we generally use
multiple acute dose-response values, including acute RELs, acute
exposure guideline levels (AEGLs), and emergency response planning
guidelines (ERPG) for 1-hour exposure durations, if available, to
calculate acute HQs. The acute HQ is calculated by dividing the
estimated acute exposure concentration by the acute dose-response
value. For each HAP for which acute dose-response values are available,
the EPA calculates acute HQs.
An acute REL is defined as ``the concentration level at or below
which no adverse health effects are anticipated for a specified
exposure duration.'' \11\ Acute RELs are based on the most sensitive,
relevant, adverse health effect reported in the peer-reviewed medical
and toxicological literature. They are designed to protect the most
sensitive individuals in the population through the inclusion of
margins of safety. Because margins of safety are incorporated to
address data gaps and uncertainties, exceeding the REL does not
automatically indicate an adverse health impact. AEGLs represent
threshold exposure limits for the general public and are applicable to
emergency exposures ranging from 10 minutes to 8 hours.\12\ They are
guideline levels for ``once-in-a-lifetime, short-term exposures to
airborne concentrations of acutely toxic, high-priority chemicals.''
Id. at 21. The AEGL-1 is specifically defined as ``the airborne
concentration (expressed as ppm (parts per million) or mg/m\3\
(milligrams per cubic meter)) of a substance above which it is
predicted that the general population, including susceptible
individuals, could experience notable discomfort, irritation, or
certain asymptomatic nonsensory effects. However, the effects are not
disabling and are transient and reversible upon cessation of
exposure.'' The document also notes that ``Airborne concentrations
below AEGL-1 represent exposure levels that can produce mild and
progressively increasing but transient and nondisabling odor, taste,
and sensory irritation or certain asymptomatic, nonsensory effects.''
Id. AEGL-2 are defined as ``the airborne concentration (expressed as
parts per million or milligrams per cubic meter) of a substance above
which it is predicted that the general population, including
susceptible individuals, could experience irreversible or other
serious, long-lasting adverse health effects or an impaired ability to
escape.'' Id.
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\11\ CalEPA issues acute RELs as part of its Air Toxics Hot
Spots Program, and the 1-hour and 8-hour values are documented in
Air Toxics Hot Spots Program Risk Assessment Guidelines, Part I, The
Determination of Acute Reference Exposure Levels for Airborne
Toxicants, which is available at https://oehha.ca.gov/air/general-info/oehha-acute-8-hour-and-chronic-reference-exposure-level-rel-summary.
\12\ National Academy of Sciences, 2001. Standing Operating
Procedures for Developing Acute Exposure Levels for Hazardous
Chemicals, page 2. Available at https://www.epa.gov/sites/production/files/2015-09/documents/sop_final_standing_operating_procedures_2001.pdf. Note that the
National Advisory Committee for Acute Exposure Guideline Levels for
Hazardous Substances ended in October 2011, but the AEGL program
continues to operate at the EPA and works with the National
Academies to publish final AEGLs (https://www.epa.gov/aegl).
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ERPGs are ``developed for emergency planning and are intended as
health-based guideline concentrations for single exposures to
chemicals.'' \13\ Id. at 1. The ERPG-1 is defined as ``the maximum
airborne concentration below which it is believed that nearly all
individuals could be exposed for up to 1 hour without experiencing
other than mild transient adverse health effects or without perceiving
a clearly defined,
[[Page 3063]]
objectionable odor.'' Id. at 2. Similarly, the ERPG-2 is defined as
``the maximum airborne concentration below which it is believed that
nearly all individuals could be exposed for up to one hour without
experiencing or developing irreversible or other serious health effects
or symptoms which could impair an individual's ability to take
protective action.'' Id. at 1.
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\13\ ERPGS Procedures and Responsibilities. March 2014. American
Industrial Hygiene Association.
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An acute REL for 1-hour exposure durations is typically lower than
its corresponding AEGL-1 and ERPG-1. Even though their definitions are
slightly different, AEGL-1s are often the same as the corresponding
ERPG-1s, and AEGL-2s are often equal to ERPG-2s. The maximum HQs from
our acute inhalation screening risk assessment typically result when we
use the acute REL for a HAP. In cases where the maximum acute HQ
exceeds 1, we also report the HQ based on the next highest acute dose-
response value (usually the AEGL-1 and/or the ERPG-1).
For this source category, carbon black is produced at a steady
state, continuously. Due to the consistency of operation, we do not
expect significant variability in emissions for this source category.
To allow for small variations in production, we have assigned an hourly
acute multiplication factor of two for all emission process groups. A
further discussion of why this factor was chosen can be found in the
memorandum, Development of the RTR Proposal Risk Modeling Dataset for
the Carbon Black Production Source Category, available in the docket
for this rulemaking.
In our acute inhalation screening risk assessment, acute impacts
are deemed negligible for HAP for which acute HQs are less than or
equal to 1, and no further analysis is performed for these HAP. In
cases where an acute HQ from the screening step is greater than 1, we
assess the site-specific data to ensure that the acute HQ is at an off-
site location.
4. How do we conduct the multipathway exposure and risk screening
assessment?
The EPA conducts a tiered screening assessment examining the
potential for significant human health risks due to exposures via
routes other than inhalation (i.e., ingestion). We first determine
whether any sources in the source category emit any HAP known to be
persistent and bioaccumulative in the environment, as identified in the
EPA's Air Toxics Risk Assessment Library (see Volume 1, Appendix D, at
https://www.epa.gov/fera/risk-assessment-and-modeling-air-toxics-risk-assessment-reference-library).
For the Carbon Black Production source category, we identified PB-
HAP emissions of arsenic, cadmium, lead, mercury, and polycyclic
organic matter (POM) of which polycyclic aromatic hydrocarbons is a
subset, so we proceeded to the next step of the evaluation. Except for
lead, the human health risk screening assessment for PB-HAP consists of
three progressive tiers. In a Tier 1 screening assessment, we determine
whether the magnitude of the facility-specific emissions of PB-HAP
warrants further evaluation to characterize human health risk through
ingestion exposure. To facilitate this step, we evaluate emissions
against previously developed screening threshold emission rates for
several PB-HAP that are based on a hypothetical upper-end screening
exposure scenario developed for use in conjunction with the EPA's Total
Risk Integrated Methodology.Fate, Transport, and Ecological Exposure
(TRIM.FaTE) model. The PB-HAP with screening threshold emission rates
are arsenic compounds, cadmium compounds, chlorinated dibenzodioxins
and furans, mercury compounds, and POM. Based on the EPA estimates of
toxicity and bioaccumulation potential, these pollutants represent a
conservative list for inclusion in multipathway risk assessments for
RTR rules. (See Volume 1, Appendix D at https://www.epa.gov/sites/production/files/2013-08/documents/volume_1_reflibrary.pdf.) In this
assessment, we compare the facility-specific emission rates of these
PB-HAP to the screening threshold emission rates for each PB-HAP to
assess the potential for significant human health risks via the
ingestion pathway. We call this application of the TRIM.FaTE model the
Tier 1 screening assessment. The ratio of a facility's actual emission
rate to the Tier 1 screening threshold emission rate is a ``screening
value (SV).''
We derive the Tier 1 screening threshold emission rates for these
PB-HAP (other than lead compounds) to correspond to a maximum excess
lifetime cancer risk of 1-in-1 million (i.e., for arsenic compounds,
polychlorinated dibenzodioxins and furans, and POM) or, for HAP that
cause noncancer health effects (i.e., cadmium compounds and mercury
compounds), a maximum HQ of 1. If the emission rate of any one PB-HAP
or combination of carcinogenic PB-HAP in the Tier 1 screening
assessment exceeds the Tier 1 screening threshold emission rate for any
facility (i.e., the SV is greater than 1), we conduct a second
screening assessment, which we call the Tier 2 screening assessment.
The Tier 2 screening assessment separates the Tier 1 combined fisher
and farmer exposure scenario into fisher, farmer, and gardener
scenarios that retain upper-bound ingestion rates.
In the Tier 2 screening assessment, the location of each facility
that exceeds a Tier 1 screening threshold emission rate is used to
refine the assumptions associated with the Tier 1 fisher and farmer
exposure scenarios at that facility. A key assumption in the Tier 1
screening assessment is that a lake and/or farm is located near the
facility. As part of the Tier 2 screening assessment, we use a U.S.
Geological Survey (USGS) database to identify actual waterbodies within
50 km of each facility and assume the fisher only consumes fish from
lakes within that 50 km zone. We also examine the differences between
local meteorology near the facility and the meteorology used in the
Tier 1 screening assessment. We then adjust the previously-developed
Tier 1 screening threshold emission rates for each PB-HAP for each
facility based on an understanding of how exposure concentrations
estimated for the screening scenario change with the use of local
meteorology and the USGS lakes database.
In the Tier 2 farmer scenario, we maintain an assumption that the
farm is located within 0.5 km of the facility and that the farmer
consumes meat, eggs, dairy, vegetables, and fruit produced near the
facility. We may further refine the Tier 2 screening analysis by
assessing a gardener scenario to characterize a range of exposures,
with the gardener scenario being more plausible in RTR evaluations.
Under the gardener scenario, we assume the gardener consumes home-
produced eggs, vegetables, and fruit products at the same ingestion
rate as the farmer. The Tier 2 screen continues to rely on the high-end
food intake assumptions that were applied in Tier 1 for local fish
(adult female angler at 99th percentile fish consumption \14\) and
locally grown or raised foods (90th percentile consumption of locally
grown or raised foods for the farmer and gardener scenarios \15\). If
PB-HAP emission rates do not result in a Tier 2 SV greater than 1, we
consider those PB-HAP emissions to pose risks below a level of concern.
If the PB-HAP emission rates for a
[[Page 3064]]
facility exceed the Tier 2 screening threshold emission rates, we may
conduct a Tier 3 screening assessment.
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\14\ Burger, J. 2002. Daily consumption of wild fish and game:
Exposures of high end recreationists. International Journal of
Environmental Health Research, 12:343-354.
\15\ U.S. EPA. Exposure Factors Handbook 2011 Edition (Final).
U.S. Environmental Protection Agency, Washington, DC, EPA/600/R-09/
052F, 2011.
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There are several analyses that can be included in a Tier 3
screening assessment, depending upon the extent of refinement
warranted, including validating that the lakes are fishable, locating
residential/garden locations for urban and/or rural settings,
considering plume-rise to estimate emissions lost above the mixing
layer, and considering hourly effects of meteorology and plume-rise on
chemical fate and transport (a time-series analysis). If necessary, the
EPA may further refine the screening assessment through a site-specific
assessment.
In evaluating the potential multipathway risk from emissions of
lead compounds, rather than developing a screening threshold emission
rate, we compare maximum estimated chronic inhalation exposure
concentrations to the level of the current National Ambient Air Quality
Standard (NAAQS) for lead.\16\ Values below the level of the primary
(health-based) lead NAAQS are considered to have a low potential for
multipathway risk.
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\16\ In doing so, the EPA notes that the legal standard for a
primary NAAQS--that a standard is requisite to protect public health
and provide an adequate margin of safety (CAA section 109(b))--
differs from the CAA section 112(f) standard (requiring, among other
things, that the standard provide an ``ample margin of safety to
protect public health''). However, the primary lead NAAQS is a
reasonable measure of determining risk acceptability (i.e., the
first step of the Benzene NESHAP analysis) since it is designed to
protect the most susceptible group in the human population--
children, including children living near major lead emitting
sources. 73 FR 67002/3; 73 FR 67000/3; 73 FR 67005/1. In addition,
applying the level of the primary lead NAAQS at the risk
acceptability step is conservative, since that primary lead NAAQS
reflects an adequate margin of safety.
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For further information on the multipathway assessment approach,
see the Residual Risk Assessment for the Carbon Black Production Source
Category in Support of the Risk and Technology Review 2020 Proposed
Rule, which is available in the docket for this action.
5. How do we conduct the environmental risk screening assessment?
a. Adverse Environmental Effect, Environmental HAP, and Ecological
Benchmarks
The EPA conducts a screening assessment to examine the potential
for an adverse environmental effect as required under section
112(f)(2)(A) of the CAA. Section 112(a)(7) of the CAA defines ``adverse
environmental effect'' as ``any significant and widespread adverse
effect, which may reasonably be anticipated, to wildlife, aquatic life,
or other natural resources, including adverse impacts on populations of
endangered or threatened species or significant degradation of
environmental quality over broad areas.''
The EPA focuses on eight HAP, which are referred to as
``environmental HAP,'' in its screening assessment: Six PB-HAP and two
acid gases. The PB-HAP included in the screening assessment are arsenic
compounds, cadmium compounds, dioxins/furans, POM, mercury (both
inorganic mercury and methyl mercury), and lead compounds. The acid
gases included in the screening assessment are hydrochloric acid (HCl)
and hydrogen fluoride (HF).
HAP that persist and bioaccumulate are of particular environmental
concern because they accumulate in the soil, sediment, and water. The
acid gases, HCl and HF, are included due to their well-documented
potential to cause direct damage to terrestrial plants. In the
environmental risk screening assessment, we evaluate the following four
exposure media: Terrestrial soils, surface water bodies (includes
water-column and benthic sediments), fish consumed by wildlife, and
air. Within these four exposure media, we evaluate nine ecological
assessment endpoints, which are defined by the ecological entity and
its attributes. For PB-HAP (other than lead), both community-level and
population-level endpoints are included. For acid gases, the ecological
assessment evaluated is terrestrial plant communities.
An ecological benchmark represents a concentration of HAP that has
been linked to a particular environmental effect level. For each
environmental HAP, we identified the available ecological benchmarks
for each assessment endpoint. We identified, where possible, ecological
benchmarks at the following effect levels: Probable effect levels,
lowest-observed-adverse-effect level, and no-observed-adverse-effect
level. In cases where multiple effect levels were available for a
particular PB-HAP and assessment endpoint, we use all of the available
effect levels to help us to determine whether ecological risks exist
and, if so, whether the risks could be considered significant and
widespread.
For further information on how the environmental risk screening
assessment was conducted, including a discussion of the risk metrics
used, how the environmental HAP were identified, and how the ecological
benchmarks were selected, see Appendix 9 of the Residual Risk
Assessment for the Carbon Black Production Source Category in Support
of the Risk and Technology Review 2020 Proposed Rule, which is
available in the docket for this action.
b. Environmental Risk Screening Methodology
For the environmental risk screening assessment, the EPA first
determined whether any facilities in the Carbon Black Production source
category emitted any of the environmental HAP. For the Carbon Black
Production source category, we identified emissions of arsenic,
cadmium, lead, mercury, POM and the two acid gasses, hydrochloric and
hydrofluoric acid. Because one or more of the environmental HAP
evaluated are emitted by at least one facility in the source category,
we proceeded to the second step of the evaluation.
c. PB-HAP Methodology
The environmental screening assessment includes six PB-HAP, arsenic
compounds, cadmium compounds, dioxins/furans, POM, mercury (both
inorganic mercury and methyl mercury), and lead compounds. With the
exception of lead, the environmental risk screening assessment for PB-
HAP consists of three tiers. The first tier of the environmental risk
screening assessment uses the same health-protective conceptual model
that is used for the Tier 1 human health screening assessment.
TRIM.FaTE model simulations were used to back-calculate Tier 1
screening threshold emission rates. The screening threshold emission
rates represent the emission rate in tons of pollutant per year that
results in media concentrations at the facility that equal the relevant
ecological benchmark. To assess emissions from each facility in the
category, the reported emission rate for each PB-HAP was compared to
the Tier 1 screening threshold emission rate for that PB-HAP for each
assessment endpoint and effect level. If emissions from a facility do
not exceed the Tier 1 screening threshold emission rate, the facility
``passes'' the screening assessment, and, therefore, is not evaluated
further under the screening approach. If emissions from a facility
exceed the Tier 1 screening threshold emission rate, we evaluate the
facility further in Tier 2.
In Tier 2 of the environmental screening assessment, the screening
threshold emission rates are adjusted to account for local meteorology
and the actual location of lakes in the vicinity of facilities that did
not pass the Tier 1 screening assessment. For soils, we evaluate the
average soil concentration for all soil parcels within a 7.5-km
[[Page 3065]]
radius for each facility and PB-HAP. For the water, sediment, and fish
tissue concentrations, the highest value for each facility for each
pollutant is used. If emission concentrations from a facility do not
exceed the Tier 2 screening threshold emission rate, the facility
``passes'' the screening assessment and typically is not evaluated
further. If emissions from a facility exceed the Tier 2 screening
threshold emission rate, we evaluate the facility further in Tier 3.
As in the multipathway human health risk assessment, in Tier 3 of
the environmental screening assessment, we examine the suitability of
the lakes around the facilities to support life and remove those that
are not suitable (e.g., lakes that have been filled in or are
industrial ponds), adjust emissions for plume-rise, and conduct hour-
by-hour time-series assessments. If these Tier 3 adjustments to the
screening threshold emission rates still indicate the potential for an
adverse environmental effect (i.e., facility emission rate exceeds the
screening threshold emission rate), we may elect to conduct a more
refined assessment using more site-specific information. If, after
additional refinement, the facility emission rate still exceeds the
screening threshold emission rate, the facility may have the potential
to cause an adverse environmental effect.
To evaluate the potential for an adverse environmental effect from
lead, we compared the average modeled air concentrations (from HEM-3)
of lead around each facility in the source category to the level of the
secondary NAAQS for lead. The secondary lead NAAQS is a reasonable
means of evaluating environmental risk because it is set to provide
substantial protection against adverse welfare effects which can
include ``effects on soils, water, crops, vegetation, man-made
materials, animals, wildlife, weather, visibility and climate, damage
to and deterioration of property, and hazards to transportation, as
well as effects on economic values and on personal comfort and well-
being.''
d. Acid Gas Environmental Risk Methodology
The environmental screening assessment for acid gases evaluates the
potential phytotoxicity and reduced productivity of plants due to
chronic exposure to HF and HCl. The environmental risk screening
methodology for acid gases is a single-tier screening assessment that
compares modeled ambient air concentrations (from AERMOD) to the
ecological benchmarks for each acid gas. To identify a potential
adverse environmental effect (as defined in section 112(a)(7) of the
CAA) from emissions of HF and HCl, we evaluate the following metrics:
The size of the modeled area around each facility that exceeds the
ecological benchmark for each acid gas, in acres and square kilometers;
the percentage of the modeled area around each facility that exceeds
the ecological benchmark for each acid gas; and the area-weighted
average SV around each facility (calculated by dividing the area-
weighted average concentration over the 50-km modeling domain by the
ecological benchmark for each acid gas). For further information on the
environmental screening assessment approach, see Appendix 9 of the
Residual Risk Assessment for the Carbon Black Production Source
Category in Support of the Risk and Technology Review 2020 Proposed
Rule, which is available in the docket for this action.
6. How do we conduct facility-wide assessments?
To put the source category risks in context, we typically examine
the risks from the entire ``facility,'' where the facility includes all
HAP-emitting operations within a contiguous area and under common
control. In other words, we examine the HAP emissions not only from the
source category emission points of interest, but also emissions of HAP
from all other emission sources at the facility for which we have data.
For this source category, we conducted the facility-wide assessment
using a dataset compiled from the 2016 NEI. The source category records
of that NEI dataset were removed, evaluated, and updated as described
in section II.C of this preamble: What data collection activities were
conducted to support this action? Once a quality assured source
category dataset was available, it was placed back with the remaining
records from the NEI for that facility. The facility-wide file was then
used to analyze risks due to the inhalation of HAP that are emitted
``facility-wide'' for the populations residing within 50 km of each
facility, consistent with the methods used for the source category
analysis described above. For these facility-wide risk analyses, the
modeled source category risks were compared to the facility-wide risks
to determine the portion of the facility-wide risks that could be
attributed to the source category addressed in this proposal. We also
specifically examined the facility that was associated with the highest
estimate of risk and determined the percentage of that risk
attributable to the source category of interest. The Residual Risk
Assessment for the Carbon Black Production Source Category in Support
of the Risk and Technology Review 2020 Proposed Rule, available through
the docket for this action, provides the methodology and results of the
facility-wide analyses, including all facility-wide risks and the
percentage of source category contribution to facility-wide risks.
For this source category, we conducted the facility-wide assessment
using a dataset that the EPA compiled from the 2016 NEI with updated
emissions and release data provided by industry. We analyzed risks due
to the inhalation of HAP that are emitted ``facility-wide'' for the
populations residing within 50 km of each facility, consistent with the
methods used for the source category analysis described above. For
these facility-wide risk analyses, we made a reasonable attempt to
identify the source category risks, and these risks were compared to
the facility-wide risks to determine the portion of facility-wide risks
that could be attributed to the source category addressed in this
proposal. We also specifically examined the facility that was
associated with the highest estimate of risk and determined the
percentage of that risk attributable to the source category of
interest. The Residual Risk Assessment for the Carbon Black Production
Source Category in Support of the Risk and Technology Review 2020
Proposed Rule, available through the docket for this action, provides
the methodology and results of the facility-wide analyses, including
all facility-wide risks and the percentage of source category
contribution to facility-wide risks.
7. How do we consider uncertainties in risk assessment?
Uncertainty and the potential for bias are inherent in all risk
assessments, including those performed for this proposal. Although
uncertainty exists, we believe that our approach, which used
conservative tools and assumptions, ensures that our decisions are
health and environmentally protective. A brief discussion of the
uncertainties in the RTR emissions dataset, dispersion modeling,
inhalation exposure estimates, and dose-response relationships follows
below. Also included are those uncertainties specific to our acute
screening assessments, multipathway screening assessments, and our
environmental risk screening assessments. A more thorough discussion of
these uncertainties is included in the Residual Risk Assessment for the
Carbon Black
[[Page 3066]]
Production Source Category in Support of the Risk and Technology Review
2020 Proposed Rule, which is available in the docket for this action.
If a multipathway site-specific assessment was performed for this
source category, a full discussion of the uncertainties associated with
that assessment can be found in Appendix 11 of that document, Site-
Specific Human Health Multipathway Residual Risk Assessment Report.
a. Uncertainties in the RTR Emissions Dataset
Although the development of the RTR emissions dataset involved
quality assurance/quality control processes, the accuracy of emissions
values will vary depending on the source of the data, the degree to
which data are incomplete or missing, the degree to which assumptions
made to complete the datasets are accurate, errors in emission
estimates, and other factors. The emission estimates considered in this
analysis generally are annual totals for certain years, and they do not
reflect short-term fluctuations during the course of a year or
variations from year to year. The estimates of peak hourly emission
rates for the acute effects screening assessment were based on an
emission adjustment factor applied to the average annual hourly
emission rates, which are intended to account for emission fluctuations
due to normal facility operations.
b. Uncertainties in Dispersion Modeling
We recognize there is uncertainty in ambient concentration
estimates associated with any model, including the EPA's recommended
regulatory dispersion model, AERMOD. In using a model to estimate
ambient pollutant concentrations, the user chooses certain options to
apply. For RTR assessments, we select some model options that have the
potential to overestimate ambient air concentrations (e.g., not
including plume depletion or pollutant transformation). We select other
model options that have the potential to underestimate ambient impacts
(e.g., not including building downwash). Other options that we select
have the potential to either under- or overestimate ambient levels
(e.g., meteorology and receptor locations). On balance, considering the
directional nature of the uncertainties commonly present in ambient
concentrations estimated by dispersion models, the approach we apply in
the RTR assessments should yield unbiased estimates of ambient HAP
concentrations. We also note that the selection of meteorology dataset
location could have an impact on the risk estimates. As we continue to
update and expand our library of meteorological station data used in
our risk assessments, we expect to reduce this variability.
c. Uncertainties in Inhalation Exposure Assessment
Although every effort is made to identify all of the relevant
facilities and emission points, as well as to develop accurate
estimates of the annual emission rates for all relevant HAP, the
uncertainties in our emission inventory likely dominate the
uncertainties in the exposure assessment. Some uncertainties in our
exposure assessment include human mobility, using the centroid of each
census block, assuming lifetime exposure, and assuming only outdoor
exposures. For most of these factors, there is neither an under nor
overestimate when looking at the maximum individual risk or the
incidence, but the shape of the distribution of risks may be affected.
With respect to outdoor exposures, actual exposures may not be as high
if people spend time indoors, especially for very reactive pollutants
or larger particles. For all factors, we reduce uncertainty when
possible. For example, with respect to census-block centroids, we
analyze large blocks using aerial imagery and adjust locations of the
block centroids to better represent the population in the blocks. We
also add additional receptor locations where the population of a block
is not well represented by a single location.
d. Uncertainties in Dose-Response Relationships
There are uncertainties inherent in the development of the dose-
response values used in our risk assessments for cancer effects from
chronic exposures and noncancer effects from both chronic and acute
exposures. Some uncertainties are generally expressed quantitatively,
and others are generally expressed in qualitative terms. We note, as a
preface to this discussion, a point on dose-response uncertainty that
is stated in the EPA's 2005 Guidelines for Carcinogen Risk Assessment;
namely, that ``the primary goal of EPA actions is protection of human
health; accordingly, as an Agency policy, risk assessment procedures,
including default options that are used in the absence of scientific
data to the contrary, should be health protective'' (the EPA's 2005
Guidelines for Carcinogen Risk Assessment, page 1 through 7). This is
the approach followed here as summarized in the next paragraphs.
Cancer UREs used in our risk assessments are those that have been
developed to generally provide an upper bound estimate of risk.\17\
That is, they represent a ``plausible upper limit to the true value of
a quantity'' (although this is usually not a true statistical
confidence limit). In some circumstances, the true risk could be as low
as zero; however, in other circumstances the risk could be greater.\18\
Chronic noncancer RfC and reference dose (RfD) values represent chronic
exposure levels that are intended to be health-protective levels. To
derive dose-response values that are intended to be ``without
appreciable risk,'' the methodology relies upon an uncertainty factor
(UF) approach,\19\ which considers uncertainty, variability, and gaps
in the available data. The UFs are applied to derive dose-response
values that are intended to protect against appreciable risk of
deleterious effects.
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\17\ IRIS glossary (https://ofmpub.epa.gov/sor_internet/registry/termreg/searchandretrieve/glossariesandkeywordlists/search.do?details=&glossaryName=IRIS%20Glossary).
\18\ An exception to this is the URE for benzene, which is
considered to cover a range of values, each end of which is
considered to be equally plausible, and which is based on maximum
likelihood estimates.
\19\ See A Review of the Reference Dose and Reference
Concentration Processes, U.S. EPA, December 2002, and Methods for
Derivation of Inhalation Reference Concentrations and Application of
Inhalation Dosimetry, U.S. EPA, 1994.
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Many of the UFs used to account for variability and uncertainty in
the development of acute dose-response values are quite similar to
those developed for chronic durations. Additional adjustments are often
applied to account for uncertainty in extrapolation from observations
at one exposure duration (e.g., 4 hours) to derive an acute dose-
response value at another exposure duration (e.g., 1 hour). Not all
acute dose-response values are developed for the same purpose, and care
must be taken when interpreting the results of an acute assessment of
human health effects relative to the dose-response value or values
being exceeded. Where relevant to the estimated exposures, the lack of
acute dose-response values at different levels of severity should be
factored into the risk characterization as potential uncertainties.
Uncertainty also exists in the selection of ecological benchmarks
for the environmental risk screening assessment. We established a
hierarchy of preferred benchmark sources to allow selection of
benchmarks for each environmental HAP at each ecological
[[Page 3067]]
assessment endpoint. We searched for benchmarks for three effect levels
(i.e., no-effects level, threshold-effect level, and probable effect
level), but not all combinations of ecological assessment/environmental
HAP had benchmarks for all three effect levels. Where multiple effect
levels were available for a particular HAP and assessment endpoint, we
used all of the available effect levels to help us determine whether
risk exists and whether the risk could be considered significant and
widespread.
For a group of compounds that are unspeciated (e.g., glycol
ethers), we conservatively use the most protective dose-response value
of an individual compound in that group to estimate risk. Similarly,
for an individual compound in a group (e.g., ethylene glycol diethyl
ether) that does not have a specified dose-response value, we also
apply the most protective dose-response value from the other compounds
in the group to estimate risk.
e. Uncertainties in Acute Inhalation Screening Assessments
In addition to the uncertainties highlighted above, there are
several factors specific to the acute exposure assessment that the EPA
conducts as part of the risk review under section 112 of the CAA. The
accuracy of an acute inhalation exposure assessment depends on the
simultaneous occurrence of independent factors that may vary greatly,
such as hourly emissions rates, meteorology, and the presence of a
person. In the acute screening assessment that we conduct under the RTR
program, we assume that peak emissions from the source category and
reasonable worst-case air dispersion conditions (i.e., 99th percentile)
co-occur. We then include the additional assumption that a person is
located at this point at the same time. Together, these assumptions
represent a reasonable worst-case actual exposure scenario. In most
cases, it is unlikely that a person would be located at the point of
maximum exposure during the time when peak emissions and reasonable
worst-case air dispersion conditions occur simultaneously.
f. Uncertainties in the Multipathway and Environmental Risk Screening
Assessments
For each source category, we generally rely on site-specific levels
of PB-HAP or environmental HAP emissions to determine whether a refined
assessment of the impacts from multipathway exposures is necessary or
whether it is necessary to perform an environmental screening
assessment. This determination is based on the results of a three-
tiered screening assessment that relies on the outputs from models--
TRIM.FaTE and AERMOD--that estimate environmental pollutant
concentrations and human exposures for five PB-HAP (dioxins, POM,
mercury, cadmium, and arsenic) and two acid gases (HF and HCl). For
lead, we use AERMOD to determine ambient air concentrations, which are
then compared to the secondary NAAQS standard for lead. Two important
types of uncertainty associated with the use of these models in RTR
risk assessments and inherent to any assessment that relies on
environmental modeling are model uncertainty and input uncertainty.\20\
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\20\ In the context of this discussion, the term ``uncertainty''
as it pertains to exposure and risk encompasses both variability in
the range of expected inputs and screening results due to existing
spatial, temporal, and other factors, as well as uncertainty in
being able to accurately estimate the true result.
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Model uncertainty concerns whether the model adequately represents
the actual processes (e.g., movement and accumulation) that might occur
in the environment. For example, does the model adequately describe the
movement of a pollutant through the soil? This type of uncertainty is
difficult to quantify. However, based on feedback received from
previous EPA SAB reviews and other reviews, we are confident that the
models used in the screening assessments are appropriate and state-of-
the-art for the multipathway and environmental screening risk
assessments conducted in support of RTRs.
Input uncertainty is concerned with how accurately the models have
been configured and parameterized for the assessment at hand. For Tier
1 of the multipathway and environmental screening assessments, we
configured the models to avoid underestimating exposure and risk. This
was accomplished by selecting upper-end values from nationally
representative datasets for the more influential parameters in the
environmental model, including selection and spatial configuration of
the area of interest, lake location and size, meteorology, surface
water, soil characteristics, and structure of the aquatic food web. We
also assume an ingestion exposure scenario and values for human
exposure factors that represent reasonable maximum exposures.
In Tier 2 of the multipathway and environmental screening
assessments, we refine the model inputs to account for meteorological
patterns in the vicinity of the facility versus using upper-end
national values, and we identify the actual location of lakes near the
facility rather than the default lake location that we apply in Tier 1.
By refining the screening approach in Tier 2 to account for local
geographical and meteorological data, we decrease the likelihood that
concentrations in environmental media are overestimated, thereby
increasing the usefulness of the screening assessment. In Tier 3 of the
screening assessments, we refine the model inputs again to account for
hour-by-hour plume-rise and the height of the mixing layer. We can also
use those hour-by-hour meteorological data in a TRIM.FaTE run using the
screening configuration corresponding to the lake location. These
refinements produce a more accurate estimate of chemical concentrations
in the media of interest, thereby reducing the uncertainty with those
estimates. The assumptions and the associated uncertainties regarding
the selected ingestion exposure scenario are the same for all three
tiers.
For the environmental screening assessment for acid gases, we
employ a single-tiered approach. We use the modeled air concentrations
and compare those with ecological benchmarks.
For all tiers of the multipathway and environmental screening
assessments, our approach to addressing model input uncertainty is
generally cautious. We choose model inputs from the upper end of the
range of possible values for the influential parameters used in the
models, and we assume that the exposed individual exhibits ingestion
behavior that would lead to a high total exposure. This approach
reduces the likelihood of not identifying high risks for adverse
impacts.
Despite the uncertainties, when individual pollutants or facilities
do not exceed screening threshold emission rates (i.e., screen out), we
are confident that the potential for adverse multipathway impacts on
human health is very low. On the other hand, when individual pollutants
or facilities do exceed screening threshold emission rates, it does not
mean that impacts are significant, only that we cannot rule out that
possibility and that a refined assessment for the site might be
necessary to obtain a more accurate risk characterization for the
source category.
The EPA evaluates the following HAP in the multipathway and/or
environmental risk screening assessments, where applicable: Arsenic,
cadmium, dioxins/furans, lead, mercury (both inorganic and methyl
mercury), POM, HCl, and HF. These HAP represent pollutants that can
cause adverse impacts either through direct
[[Page 3068]]
exposure to HAP in the air or through exposure to HAP that are
deposited from the air onto soils and surface waters and then through
the environment into the food web. These HAP represent those HAP for
which we can conduct a meaningful multipathway or environmental
screening risk assessment. For other HAP not included in our screening
assessments, the model has not been parameterized such that it can be
used for that purpose. In some cases, depending on the HAP, we may not
have appropriate multipathway models that allow us to predict the
concentration of that pollutant. The EPA acknowledges that other HAP
beyond these that we are evaluating may have the potential to cause
adverse effects and, therefore, the EPA may evaluate other relevant HAP
in the future, as modeling science and resources allow.
IV. Analytical Results and Proposed Decisions
A. What actions are we taking pursuant to CAA sections 112(d)(2) and
112(d)(3)?
In this proposal, pursuant to CAA section 112(d)(2) and (3), the
EPA is proposing to broaden the scope of the existing standard, which
applies to process vents associated with the MUF, to include all
process vents associated with the carbon black production unit. This
would require all process vents, including those located after the MUF,
to control to 98 percent where the HAP concentration of the emission
stream is equal to or greater than 260 ppmv. Additionally, it would
require facilities to conduct performance testing on the additional
process vents located after the MUF.
B. What are the results of the risk assessment and analyses?
As described above, for the Carbon Black Production major source
category, we conducted an inhalation risk assessment for all HAP
emitted, a multipathway screening assessment for the PB-HAP emitted,
and an environmental risk screening assessment for the PB-HAP and acid
gasses emitted from the source category. We present results of the risk
assessment briefly below and in more detail in the Residual Risk
Assessment for the Carbon Black Production Source Category in Support
of the Risk and Technology Review 2020 Proposed Rule, which is
available in the docket for this action.
1. Chronic Inhalation Risk Assessment Results
The EPA estimated the inhalation risk for the Carbon Black
Production major source category based on actual and allowable
emissions. The estimated baseline maximum individual lifetime cancer
risk (MIR) from inhalation posed by the source category is less than 1-
in-1 million based on actual emissions and MACT-allowable emissions.
The total estimated cancer incidence based on actual or allowable
emission levels is 0.00004 excess cancer cases per year, or one case
every 25,000 years. No one is exposed to cancer risk greater than or
equal to 1-in-1 million based upon actual and allowable emissions (see
Table 1 of this preamble).
The maximum chronic noncancer TOSHI value for the source category
was estimated to be less than 1 (0.06) based on actual and allowable
emissions. For both actual and allowable emissions, neurological risks
were driven by hydrogen cyanide emissions from process filters and
fugitive emissions.
Table 1--Inhalation Risk Assessment Summary for Carbon Black Production \1\ Source Category
[40 CFR part 63, subpart YY]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum Estimated
Number of individual population at Estimated
Risk assessment facilities 2 cancer risk (1- increased risk annual cancer Maximum chronic Maximum screening acute
in-1 million) of cancer >=1- incidence noncancer TOSHI 4 noncancer HQ 5
3 in-1 million (cases per yr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline Actual Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Category...................... 15 0.06 0 0.00004 <1 (neurological)....... 0.09 (REL).
Facility-Wide........................ 15 0.06 0 0.00004 <1 (neurological).......
------------------------------------------------------------------------------------------------------------------
Baseline Allowable Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Category...................... 15 0.06 0 0.00004 <1 (neurological).......
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Based on actual and allowable emissions.
2 Number of facilities evaluated in the risk assessment. Includes 15 operating facilities subject to 40 CFR part 63, subpart YY.
3 Maximum individual excess lifetime cancer risk due to HAP emissions from the source category.
4 Maximum TOSHI. The target organ with the highest TOSHI for the Carbon Black Production source category is the neurological system.
5 The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop an array of HQ values. The acute HQ
shown was based upon the lowest acute 1-hour dose-response value, the REL for hydrogen cyanide. When an HQ exceeds 1, we also show the HQ using the
next lowest available acute dose-response value.
2. Screening Level Acute Inhalation Risk Assessment Results
Based on our screening analysis of reasonable worst-case acute
exposure to actual emissions from the source category, no HAP exposures
result in an acute noncancer HQ greater than 0.09 based upon the 1-hour
REL. As discussed in section III.C.3.c of this preamble, we used an
acute hourly multiplier of 2 for all emission processes.
3. Multipathway Risk Screening Results
PB-HAP emissions were reported from 14 of the 15 facilities in the
source category with seven facilities exceeding the Tier 1 screening
threshold emission rates for the carcinogenic PB-HAP, arsenic and POM.
Emissions from two facilities exceeded the Tier 1 screening threshold
emission rates for mercury and cadmium, which are PB-HAP with noncancer
health effects. For the PB-HAP and facilities with Tier 1 SVs greater
than 1, we conducted a Tier 2 screening analysis.
Two facilities exceeded the arsenic and POM Tier 2 cancer SV with a
maximum value of 9 for the farmer scenario. One facility exceeded the
cadmium Tier 2 noncancer SV with a
[[Page 3069]]
maximum value of 2. Two facilities exceeded the mercury Tier 2
noncancer SV under the fisher scenario, with a maximum value of 4. When
we evaluated the effect multiple facilities within the source category
could have on common lake(s) in the modeling domain, mercury and
cadmium emissions exceeded the noncancer SVs with a maximum value of 4
and 2, respectively.
For cadmium and mercury, we continued the fisher scenario screening
analysis with a Tier 3 multipathway screen which comprises three
individual stages. These stages included lake, plume rise, and time-
series assessments. A Tier 3 lake assessment was conducted for the two
facilities with Tier 2 noncancer SVs greater than 1. After conducting
the lake analysis screen, only one facility was above a noncancer SV of
1, with a Tier 3 noncancer SV of 2 for mercury, including consideration
of cumulative lake impacts from facilities within the source category.
Further details on the Tier 3 screening analysis can be found in
Appendix 11 of Residual Risk Assessment for the Carbon Black Production
Source Category in Support of the Risk and Technology Review 2020
Proposed Rule.''
An SV in any of the tiers is not an estimate of the cancer risk or
a noncancer HQ (or HI). Rather, an SV represents a high-end estimate of
what the risk or HQ may be. For example, facility emissions resulting
in an SV of 2 for a non-carcinogen can be interpreted to mean that we
are confident that the HQ would be lower than 2. Similarly, facility
emissions resulting in a cancer SV of 20 for a carcinogen means that we
are confident that the cancer risk is lower than 20-in-1 million. Our
confidence comes from the health-protective assumptions that are
incorporated into the screens: We choose inputs from the upper end of
the range of possible values for the influential parameters used in the
screens and we assume food consumption behaviors that would lead to
high total exposure. This risk assessment estimates the maximum hazard
for mercury and cadmium through fish consumption based on upper bound
screens and the maximum excess cancer risks from POM and arsenic
through ingestion of fish and farm produce.
When we progress from the model designs of the Tier 1, 2, and 3
screens to a site-specific assessment, we refine the risk assessment
through incorporation of additional site-specific data and enhanced
model designs. Site-specific refinements include the following: (1)
Improved spatial locations identifying the boundaries of the watershed
and lakes within the watershed as it relates to surrounding facilities
within the source category; (2) calculating actual soil/water run-off
amounts to target lakes based upon actual soil type(s) and elevation
changes associated with the affected watershed versus assuming a worst-
case assumption of 100-percent run-off to target lakes; and (3)
incorporating AERMOD deposition of pollutants into TRIM.FaTE to
accurately account for site-specific release parameters such as stack
heights and exit gas temperatures, versus using TRIM.FaTE's simple
dispersion algorithms that assume the pollutant is uniformly
distributed within the airshed. These refinements have the net effect
of improved modeling of the mass of HAP entering a lake by more
accurately defining the watershed/lake boundaries as well as the
dispersion of HAP into the atmosphere to better reflect deposition
contours across all target watersheds and lakes in our 50-km model
domain.
As discussed above, the maximum mercury Tier 3 noncancer SV based
upon the lake analysis resulted in a maximum value of 2. The EPA
determined that it is not necessary to go beyond the Tier 3 lake
analysis or conduct a site-specific assessment. As explained above, the
SV of 2 is a high-end estimate of what the risk or hazard may be and
can be interpreted to mean that we are confident that the HQ would be
lower than 2. Further, risk results from five site-specific mercury
assessments the EPA has conducted for five RTR source categories
resulted in noncancer HQs that range from 50 times to 800 times lower
than the respective Tier 2 SV for these facilities (refer to EPA Docket
ID No. EPA-HQ-OAR-2017-0015 for a copy of these reports).\21\ Based on
our review of these analyses, we would expect at least a one order of
magnitude decrease in all Tier 2 noncancer SVs for mercury for the
Carbon Black Production source category, if we were to perform a site-
specific assessment. In addition, based upon the conservative nature of
the screens and the level of additional refinements that would go into
a site-specific multipathway assessment, were one to be conducted, we
are confident that the HI for ingestion exposure, specifically mercury
through fish ingestion, is less than 1. Further details on the Tier 3
screening assessment can be found in Appendix 11 of Residual Risk
Assessment for the Carbon Black Production Source Category in Support
of the Risk and Technology Review 2020 Proposed Rule.
---------------------------------------------------------------------------
\21\ EPA Docket records (EPA-HQ-OAR-2017-0015): Appendix 11 of
the Residual Risk Assessment for the Taconite Manufacturing Source
Category in Support of the Risk and Technology Review 2019 Proposed
Rule; Appendix 11 of the Residual Risk Assessment for the Integrated
Iron and Steel Source Category in Support of the Risk and Technology
Review 2019 Proposed Rule; Appendix 11 of the Residual Risk
Assessment for the Portland Cement Manufacturing Source Category in
Support of the 2018 Risk and Technology Review Final Rule; and
Appendix 11 of the Residual Risk Assessment for the Coal and Oil-
Fired EGU Source Category in Support of the 2018 Risk and Technology
Review Proposed Rule and EPA Docket (EPA-HQ-2019-0373): Appendix 11
of the Residual Risk Assessment for the Iron and Steel Foundries
Source Category in Support of the Risk and Technology Review 2019
Proposed Rule.
---------------------------------------------------------------------------
In evaluating the potential for adverse health effects from
emissions of lead, the EPA compared modeled annual lead concentrations
around each facility to the secondary NAAQS level for lead (0.15
[micro]g/m\3\, arithmetic mean concentration over a 3-month period. The
highest annual average lead concentration, of 0.000099 [micro]g/m\3\,
is below the NAAQS level for lead, indicating a low potential for
multipathway impacts.
4. Environmental Risk Screening Results
As described in section III.A of this preamble, we conducted an
environmental risk screening assessment for the Carbon Black Production
source category for the following pollutants: arsenic, cadmium, HCL,
hydrofluoric acid, lead, mercury (methyl mercury and mercuric
chloride), and POMs.
In the Tier 1 screening analysis for PB-HAP (other than lead, which
was evaluated differently), cadmium, methyl mercury, and divalent
mercury resulted in exceedances of ecological benchmarks for two
facilities. Cadmium emissions had Tier 1 exceedances for the following
benchmarks: surface soil no observed adverse effect levels (NOAELs) for
mammalian insectivores and avian ground insectivores, and fish (avian
piscivores) NOAEL, geometric-maximum-allowable-toxicant-level, and
lowest observed adverse effect level benchmarks with a maximum SV of 6.
Divalent mercury emissions had Tier 1 exceedances for the following
benchmarks: surface soil threshold level--plant communities, surface
soil threshold level--invertebrate communities with a maximum SV of 10.
Methyl mercury emissions had Tier 1 exceedances for the following
benchmarks: NOAEL--mammalian insectivores and surface soil NOAEL for
avian ground insectivores with a maximum SV of 10.
[[Page 3070]]
A Tier 2 screening analysis was performed for cadmium, divalent
mercury, and methyl mercury emissions. In the Tier 2 screening
analysis, there were no exceedances of any of the ecological benchmarks
evaluated for cadmium, divalent mercury, and methyl mercury.
For lead, we did not estimate any exceedances of the secondary lead
NAAQS. For HCl and HF, the average modeled concentration around each
facility (i.e., the average concentration of all off-site data points
in the modeling domain) did not exceed any ecological benchmark. In
addition, each individual modeled concentration of HCl and HF (i.e.,
each off-site data point in the modeling domain) was below the
ecological benchmarks for all facilities.
Based on the results of the environmental risk screening analysis,
we do not expect an adverse environmental effect as a result of HAP
emissions from this source category.
5. Facility-Wide Risk Results
As shown in Table 1, the facility-wide risks are the same as the
risks for actual emissions and allowable emissions from units subject
to the NESHAP for the Carbon Black Production major source category,
with no change in incidence or risk drivers.
6. What demographic groups might benefit from this regulation?
To examine the potential for any environmental justice issues that
might be associated with the source category, we performed a
demographic analysis, which is an assessment of risks to individual
demographic groups of the populations living within 5 km and within 50
km of the facilities. In the analysis, we evaluated the distribution of
HAP-related cancer and noncancer risks from the Carbon Black Production
source category across different demographic groups within the
populations living near facilities.\22\
---------------------------------------------------------------------------
\22\ Demographic groups included in the analysis are: White,
African American, Native American, other races and multiracial,
Hispanic or Latino, children 17 years of age and under, adults 18 to
64 years of age, adults 65 years of age and over, adults without a
high school diploma, people living below the poverty level, people
living two times the poverty level, and linguistically isolated
people.
---------------------------------------------------------------------------
Results of the demographic analysis indicate that, for four of the
11 demographic groups, African American, age greater than or equal to
65, age greater than or equal to 25 years of age without a high school
diploma, and people below the poverty level reside within 5 km of
facilities in the source category at a percentage greater than the
corresponding national percentage for the same demographic groups. When
examining the risk levels of those exposed to emissions from carbon
black production facilities, we find that no one is exposed to a cancer
risk at or above 1-in-1 million or to a chronic noncancer TOSHI greater
than 1.
The methodology and the results of the demographic analysis are
presented in a technical report, Risk and Technology Review--Analysis
of Demographic Factors for Populations Living Near Carbon Black
Production Source Category Operations, available in the docket for this
action.
C. What are our proposed decisions regarding risk acceptability, ample
margin of safety, and adverse environmental effect?
1. Risk Acceptability
As explained in section II.A of this preamble, the EPA sets
standards under CAA section 112(f)(2) using ``a two-step standard-
setting approach, with an analytical first step to determine an
'acceptable risk' that considers all health information, including risk
estimation uncertainty, and includes a presumptive limit on MIR of
approximately 1-in-10 thousand'' (54 FR 38045, September 14, 1989). The
EPA weighed all health risk measures and information, including risk
estimation uncertainties, in determining whether risk posed by HAP
emissions from the source category is acceptable.
The maximum individual lifetime cancer risk (MIR) for inhalation
exposure to actual and allowable emissions from the Carbon Black
Production source category (< 1-in-1 million) is two orders of
magnitude below 100-in-1 million, which is the presumptive upper limit
of acceptable risk. The EPA estimates emissions from the category would
result in a cancer incidence of 0.00004 excess cancer cases per year,
or one case every 25,000 years. Inhalation exposures to HAP associated
with chronic noncancer health effects result in a TOSHI of 0.06 based
on actual emissions, 25 times below an exposure that the EPA has
determined is without appreciable risk of adverse health effects. An
exposure analysis of HAP with acute noncancer health effects
demonstrated that the risks are below a level of concern with a max HQ
equal to 0.09 based upon the 1-hour REL.
Maximum cancer risk due to ingestion exposures estimated using
health-protective risk screening assumptions are below 10-in-1 million
for the Tier 2 farmer exposure scenario. Tier 3 screening analyses of
mercury exposure due to fish ingestion determined that the maximum HQ
for mercury would be less than 2 as explained in section III.C.4 of
this preamble. The EPA is confident that this hazard estimate would be
reduced to a HQ less than 1, if further refined to incorporate enhanced
site-specific analyses such as improved model boundary identification
with improved soil/water run-off calculations and AERMOD deposition
outputs used in the TRIM.FaTE model. Considering all of the health risk
information and factors discussed above, as well as the uncertainties
discussed in section III of this preamble, we propose that the risks
posed by HAP emissions from the Black Carbon Production source category
are acceptable.
2. Ample Margin of Safety Analysis
As directed by CAA section 112(f)(2), we conducted an analysis to
determine whether the current emissions standards provide an ample
margin of safety to protect public health. In light of the cancer risk
being below 1-in-1 million and the noncancer chronic and acute risks
being below established levels of concern as well as the low potential
for multipathway risks, we propose to conclude that the existing
standards provide an ample margin of safety to protect public health.
3. Adverse Environmental Effect
The emissions data for the Carbon Black Production source category
indicate that the following environmental HAP are emitted by this
category: Arsenic, cadmium, HCl, hydrofluoric acid, lead, mercury
(methyl mercury and mercuric chloride), and POMs. The screening-level
evaluation of the potential for adverse environmental effects
associated with emissions of these environmental HAP from the Carbon
Black Production source category indicated that there are no
exceedances of Tier 2 screening values for PB-HAP, no exceedances of
the average modeled concentration around each facility (i.e., the
average concentration of all off-site data points in the modeling
domain) for acid gases, and, for lead, we did not estimate any
exceedances of the secondary lead NAAQS. In addition, we are unaware of
any adverse environmental effects caused by HAP emitted by this source
category. Therefore, we do not expect there to be an adverse
environmental effect as a result of HAP emissions from this source
category and we are proposing that it is not necessary to set a more
stringent standard to prevent, taking into consideration costs, energy,
safety,
[[Page 3071]]
and other relevant factors, an adverse environmental effect.
D. What are the results and proposed decisions based on our technology
review?
1. Major Source Technology Review
As described in section III.B of this preamble, the technology
review focused on the identification and evaluation of developments in
practices, processes, and control technologies that have occurred since
the MACT standards were promulgated. In conducting the technology
review, we reviewed various informational sources regarding the
emissions from the Carbon Black Production major source category. The
review included a search of the RBLC database, reviews of air permits
for carbon black production facilities, and meetings with industry and
the trade association (summarized in the docket for this action). We
reviewed these data sources for information on practices, processes,
and control technologies that were not considered during the
development of the Carbon Black Production NESHAP. We also looked for
information on improvements in practices, processes, and control
technologies that have occurred since the development of the Carbon
Black Production NESHAP for major sources.
After reviewing information from the aforementioned sources, we did
not identify any developments in practices, processes, or control
technologies used at carbon black production facilities since
promulgation of the MACT standard.
Based on the technology review, we are proposing that it is not
necessary to revise the existing standards because we did not identify
developments in practices, processes, or control technologies.
Additional information on our technology review can be found in the
memorandum, Technology Review for Carbon Black Production Source
Category, which is available in the docket for this action.
2. Area Source Technology Review
We performed a technology review of the Carbon Black Production
area source NESHAP. As part of that review, we determined that there
are no area sources in this source category currently in operation.
Given this and the overlap in the requirements for major and area
sources, we are concluding that it is not necessary to make changes to
the existing area source standards as a result of this review. For more
information on the determination that there are no sources subject to
the area source standard see the memorandum, Identification of Area
Sources for the Carbon Black Production NESHAP, available in the docket
for this action.
E. What other actions are we proposing?
In addition to the proposed actions described above, we are
proposing four other revisions to the NESHAP. We are proposing
revisions to the SSM-related provisions of the MACT rule in order to
ensure that they are consistent with the decision in Sierra Club v.
EPA, 551 F. 3d 1019 (DC Cir. 2008), in which the court vacated two
provisions that exempted sources from the requirement to comply with
otherwise applicable CAA section 112(d) emission standards during
periods of SSM. We are also proposing to require electronic reporting
and annual tune-up requirements for applicable process heaters/boilers.
Lastly, we are proposing that owners and operators of carbon black
production process vents subject to the rule conduct performance tests
every 5 years to demonstrate continued compliance with the NESHAP. A
discussion of these proposed changes follows.
1. SSM
a. Proposed Elimination of the SSM Exemption
In its 2008 decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C.
Cir. 2008), the D.C. Circuit Court vacated portions of two regulatory
provisions governing the emissions of HAP during periods of SSM, which
were promulgated pursuant to CAA section 112. Specifically, the court
vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 40 CFR
63.6(h)(1), holding that under section 302(k) of the CAA, emissions
standards or limitations must be continuous in nature and that the SSM
exemption violates the CAA's requirement that some CAA section 112
standards apply continuously. Consistent with the court's decision in
Sierra Club v. EPA, we are proposing standards in this rule that apply
at all times. We are also proposing several revisions to cross-
references of SSM exemptions in 40 CFR part 63, subpart SS. We also are
proposing to eliminate and revise certain recordkeeping and reporting
requirements related to the SSM exemption as further described below.
The EPA has attempted to ensure that the provisions we are
proposing to eliminate are inappropriate, unnecessary, or redundant in
the absence of the SSM exemption. We are specifically seeking comment
on whether we have successfully done so.
We are proposing the elimination of the SSM exemption, which
currently appears at 40 CFR 63.1108, and any reference to SSM
requirements in 40 CFR part 63, subpart YY that apply to carbon black
production affected sources. For example, we are proposing to eliminate
the incorporation of the requirement that the source develop an SSM
plan. Additionally, we are proposing to eliminate and revise certain
recordkeeping and reporting requirements related to the SSM exemption.
The EPA is also proposing several similar SSM-related revisions to 40
CFR part 63, subpart YY to remove SSM-related referenced provisions of
40 CFR part 63, subpart SS (National Emission Standards for Closed Vent
Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas
System or a Process). These revisions are discussed in greater detail
below (see sections IV.E.1.b through j of this preamble).
In proposing the standards in this rule, the EPA has taken into
consideration the impacts of the SSM exemption as it relates to startup
and shutdown periods and is proposing a 13-minute startup work practice
standard. This added provision is required for safety purposes in the
absence of the SSM exemption and is discussed further below (see
section IV.E.1.i of this preamble).
Periods of startup, normal operations, and shutdown are all
predictable and routine aspects of a source's operations. Malfunctions,
in contrast, are neither predictable nor routine. Instead, they are, by
definition, sudden, infrequent, and not reasonably preventable failures
of emissions control, process or monitoring equipment. (40 CFR 63.2)
(containing regulatory definition of ``malfunction''). The EPA
interprets CAA section 112 as not requiring emissions that occur during
periods of malfunction to be factored into development of CAA section
112 standards. The EPA's interpretation has been upheld as reasonable.
See United States Sugar Corp. v. EPA, 830 F.3d 579, 606-10 (D.C. Cir.
2016). Under CAA section 112, emissions standards for new sources must
be no less stringent than the level ``achieved'' by the best controlled
similar source and for existing sources generally must be no less
stringent than the average emission limitation ``achieved'' by the best
performing 12 percent of sources in the category. There is nothing in
CAA section 112 that directs the Agency to consider malfunctions in
determining the level ``achieved'' by the best performing sources when
setting emission standards. See, e.g., National
[[Page 3072]]
Ass'n of Clean Water Agencies v. EPA, 734 F.3d 1115, 1141 (D.C. Cir.
2013) (noting that ``average emissions limitation achieved by the best
performing 12 percent of'' sources ``says nothing about how the
performance of the best units is to be calculated''). While the EPA
accounts for variability in setting emissions standards, nothing in CAA
section 112 requires the Agency to consider malfunctions as part of
that analysis. The EPA is not required to treat a malfunction in the
same manner as the type of variation in performance that occurs during
routine operations of a source. A malfunction is a failure of the
source to perform in a ``normal or usual manner'' and no statutory
language compels the EPA to consider such events in setting CAA section
112 standards.
As the D.C. Circuit Court recognized in United States Sugar Corp v.
EPA, accounting for malfunctions in setting standards would be
difficult, if not impossible, given the myriad different types of
malfunctions that can occur across all sources in the category and
given the difficulties associated with predicting or accounting for the
frequency, degree, and duration of various malfunctions that might
occur. See United States Sugar Corp., 830 F.3d at 608 (discussing work
practice standards and explaining that ``the EPA would have to conceive
of a standard that could apply equally to the wide range of possible
boiler malfunctions, ranging from an explosion to minor mechanical
defects. Any possible standard is likely to be hopelessly generic to
govern such a wide array of circumstances.''). As such, the performance
of units that are malfunctioning is not ``reasonably'' foreseeable.
See, e.g., Sierra Club v. EPA, 167 F.3d 658, 662 (D.C. Cir. 1999)
(``The EPA typically has wide latitude in determining the extent of
data-gathering necessary to solve a problem. We generally defer to an
agency's decision to proceed on the basis of imperfect scientific
information, rather than to `invest the resources to conduct the
perfect study.' ''). See also Weyerhaeuser v. Costle, 590 F.2d 1011,
1058 (D.C. Cir. 1978) (``In the nature of things, no general limit,
individual permit, or even any upset provision can anticipate all upset
situations. After a certain point, the transgression of regulatory
limits caused by `uncontrollable acts of third parties,' such as
strikes, sabotage, operator intoxication or insanity, and a variety of
other eventualities, must be a matter for the administrative exercise
of case-by-case enforcement discretion, not for specification in
advance by regulation.''). In addition, emissions during a malfunction
event can be significantly higher than emissions at any other time of
source operation. For example, if an air pollution control device with
99-percent pollutant removal goes off-line as a result of a malfunction
(as might happen if, for example, the bags in a baghouse catch fire)
and the emission unit is a steady state type unit that would take days
to shut down, the source would go from 99-percent control to zero
control until the control device was repaired. The source's emissions
during the malfunction would be 100 times higher than during normal
operations. As such, the emissions over a 4-day malfunction period
would exceed the annual emissions of the source during normal
operations. As this example illustrates, accounting for malfunctions
could lead to standards that are not reflective of, and significantly
less stringent than, levels that are achieved by a well-performing non-
malfunctioning source. It is reasonable to interpret CAA section 112 in
a way as to avoid such a result. The EPA's approach to malfunctions is
consistent with CAA section 112 and is a reasonable interpretation of
the statute.
Although no statutory language compels the EPA to set standards for
malfunctions, the EPA has the discretion to do so where feasible. For
example, in the Petroleum Refinery Sector RTR, the EPA established a
work practice standard for unique types of malfunction that result in
releases from pressure relief devices or emergency flaring events
because the EPA had information to determine that such work practices
reflected the level of control that applies to the best performers. 80
FR 75178, 75211 through 14 (December 1, 2015). The EPA will consider
whether circumstances warrant setting standards for a particular type
of malfunction and, if so, whether the EPA has sufficient information
to identify the relevant best performing sources and establish a
standard for such malfunctions. We also encourage commenters to provide
any such information.
In the unlikely event that a source fails to comply with the
applicable CAA section 112(d) standards as a result of a malfunction
event, the EPA would determine an appropriate response based on, among
other things, the good faith efforts of the source to minimize
emissions during malfunction periods, including preventative and
corrective actions, as well as root cause analyses to ascertain and
rectify excess emissions. The EPA would also consider whether the
source's failure to comply with the CAA section 112(d) standard was, in
fact, sudden, infrequent, not reasonably preventable, and was not
instead caused, in part, by poor maintenance or careless operation. 40
CFR 63.2 (definition of malfunction).
If the EPA determines in a particular case that an enforcement
action against a source for violation of an emission standard is
warranted, the source can raise any and all defenses in that
enforcement action and the federal district court will determine what,
if any, relief is appropriate. The same is true for citizen enforcement
actions. Similarly, the presiding officer in an administrative
proceeding can consider any defense raised and determine whether
administrative penalties are appropriate.
In summary, the EPA interpretation of the CAA and, in particular,
CAA section 112, is reasonable and encourages practices that will avoid
malfunctions. Administrative and judicial procedures for addressing
exceedances of the standards fully recognize that violations may occur
despite good faith efforts to comply and can accommodate those
situations. U.S. Sugar Corp. v. EPA, 830 F.3d 579, 606-610 (2016).
b. Proposed Revisions to 40 CFR Part 63, Subpart YY (and Referenced 40
CFR Part 63, Subpart SS)
The EPA assessed existing applicable provisions that apply to
carbon black production affected sources under 40 CFR part 63, subpart
YY (including references to 40 CFR part 63, subpart SS), and we are
proposing to eliminate the applicability of provisions that are no
longer appropriate, unnecessary, or redundant in the absence of the SSM
exemption. The revisions to 40 CFR part 63, subpart YY are discussed in
sections IV.E.1.c through i of this section. The revisions to 40 CFR
part 63, subpart YY related specifically to references to 40 CFR part
63, subpart SS are discussed in section IV.E.1.j of this preamble.
c. General Duty
Section 63.1108(a)(5) states that the emission standards of 40 CFR
part 63, subpart YY (including the Carbon Black MACT standards) do not
apply during periods of SSM. However, the paragraph maintains that
owners and operators still have a general duty to implement measures to
prevent or minimize excess emissions and that the measures to be taken
to minimize excess emissions during these times shall be identified in
the SSM plan (if applicable).
Similarly, 40 CFR 63.1111(a)(2) states that, during ``periods of
startup, shutdown, and malfunction, the owner or operator of an
affected source subject
[[Page 3073]]
to this subpart YY shall operate and maintain such affected source
(including associated air pollution control equipment and [continuous
parament monitoring systems] (CPMS)) in a manner consistent with safety
and good air pollution control practices for minimizing emissions to
the extent practical. The general duty to minimize emissions during a
period of startup, shutdown, or malfunction does not require the owner
or operator to achieve emission levels that would be required by the
applicable standard at other times if this is not consistent with
safety and good air pollution control practices, nor does it require
the owner or operator to make any further efforts to reduce emissions
if levels required by the applicable standard have been achieved.''
The current language in 40 CFR 63.1108(a)(5) and 40 CFR
63.1111(a)(2) characterizes the general duty to minimize emissions
during periods of SSM. With the elimination of the SSM exemption, there
is no longer a need to maintain the general duty language of 40 CFR
63.1108(a)(5) and 63.1111(a)(2) as owners and operators would be
required to comply with the Carbon Black emission standards at all
times (including during periods of SSM). Therefore, the EPA is
proposing to remove the applicability of requirements at 40 CFR
63.1108(a)(5) (as specified in the proposed 40 CFR 63.1108(a)
introductory text revisions) and 40 CFR 63.1111(a)(2) (as specified in
the proposed 40 CFR 63.1111(a) introductory text revisions).
d. SSM Plan
We are proposing to remove the applicability of requirements at 40
CFR 63.1111(a) (as specified in the proposed 40 CFR 63.1111(a)
introductory text revisions) requiring owners and operators to develop
an SSM plan and specify SSM recordkeeping and reporting requirements
related to the SSM plan. As noted, the EPA is proposing to remove the
applicability of the SSM exemptions. Therefore, affected units will be
subject to emission standards during such events. The applicability of
a standard during such events will ensure that sources have ample
incentive to plan for and achieve compliance and, thus, the SSM plan
requirements are no longer necessary.
e. Compliance With Standards
We are proposing to remove the applicability of the provisions of
40 CFR 63.1108(a)(1) and (2) (as specified in the proposed 40 CFR
63.1108(a) introductory text revisions) which exempts sources from
standards during periods of SSM. As discussed above, the D.C. Circuit
Court in Sierra Club vacated the exemptions contained in this provision
and held that the CAA requires that some CAA section 112 standards
apply continuously. Consistent with Sierra Club, the EPA is proposing
to revise standards in this rule to apply at all times.
f. Performance Testing
The proposal does not include the language that precludes startup
and shutdown periods from being considered ``representative'' for
purposes of performance testing, and instead allows performance testing
during periods of startup or shutdown if specified by the
Administrator. As in 40 CFR 63.997(e)(1), performance tests conducted
under this subpart should not be conducted during malfunctions because
conditions during malfunctions are often not representative of normal
operating conditions. The EPA is also proposing to add the
applicability of the requirements at 40 CFR 63.1108(b)(4)(ii)(B) (as
specified in the proposed 40 CFR 63.1108(b)(4)(ii)(B) revisions) that
require the owner and operator maintain records of process information
that is necessary to document operating conditions during the test and
include in such record an explanation to support that such conditions
represent normal operation. Finally, the EPA is proposing to add the
applicability of language clarifying that the owner and operator make
such records available to the Administrator upon request (as specified
in the proposed 40 CFR 63.1108(b)(4)(ii)(B) revisions).
g. Recordkeeping
We are not proposing to change the language at 40 CFR 63.1109(a)
requiring owners and operators of each affected source to keep copies
of reports. However, we are proposing to completely remove the
applicability of the requirements at 40 CFR 63.1111(b) (as specified in
the proposed 40 CFR 63.1111(b) introductory text revisions), which
eliminates periodic SSM reports, consequently eliminating the
requirement to keep a copy of this report. These requirements are no
longer appropriate for startup and shutdown because SSM plans will no
longer be required and the EPA is proposing that recordkeeping and
reporting applicable to normal operations will apply to startup and
shutdown. In the absence of special provisions applicable to startup
and shutdown, such as a startup and shutdown plan, there is no reason
to retain additional recordkeeping for startup and shutdown periods.
Furthermore, in lieu of the requirements applicable to malfunctions in
40 CFR 63.1111(b), we are proposing the applicability of the
recordkeeping requirements at 40 CFR 63.1111(c)(1). The regulatory text
we are proposing to apply at 40 CFR 63.1111(c)(1)(i) differs from 40
CFR 63.1111(b) in that 40 CFR 63.1111(b) requires the creation and
retention of a record for each malfunction during which excess
emissions occurred, including total duration of all malfunctions for a
reporting period. The EPA is proposing that this requirement apply to
any failure to meet an applicable standard and is requiring that the
source record the date, time, and duration of the failure rather than
the total duration of all malfunctions with which excess emissions
occurred. For each failure to meet an applicable standard, the EPA is
also proposing to revise the rule to include the applicability of the
requirements at 40 CFR 63.1111(c)(1)(ii) (as specified in the proposed
40 CFR 63.1111(c) introductory text revisions). This provision requires
that sources keep records that include a list of the affected source or
equipment, an estimate of the quantity of each regulated pollutant
emitted over the standard for which the source failed to meet the
standard, and a description of the method used to estimate the
emissions. Examples of such methods would include product-loss
calculations, mass balance calculations, measurements when available,
or engineering judgment based on known process parameters. Furthermore,
the EPA is proposing to add the applicability of the requirements at 40
CFR 63.1111(c)(1)(iii) (as specified in the proposed 40 CFR 63.1111(c)
introductory text revisions) requiring sources keep records of any
corrective actions taken to return the affected unit to its normal or
usual manner of operations, and actions taken to minimize emissions in
accordance with the general duty regulatory text at 40 CFR
63.1108(a)(4)(ii). The EPA is proposing to require that sources keep
records of this information to ensure that there is adequate
information to allow the EPA to determine the severity of any failure
to meet a standard, and to provide data that may document how the
source met the general duty to minimize emissions when the source has
failed to meet an applicable standard.
h. Reporting
We are proposing to remove the applicability of the requirements at
40 CFR 63.1111(b) (as specified in the proposed 40 CFR 63.1111(b)
[[Page 3074]]
introductory text revisions) which describes the reporting requirements
for SSM. When applicable, 40 CFR 63.1111(b)(1) requires sources to
report actions taken during SSM events to show that actions taken were
consistent with their SSM plan. When applicable, 40 CFR 63.1111(b)(2)
requires sources to report actions taken during SSM events when actions
were inconsistent with their SSM plan. The proposed amendments,
therefore, eliminate the applicability of the requirements at 40 CFR
63.1111(b)(2) that require reporting of whether the source deviated
from its SSM plan, including required actions to communicate with the
Administrator, and the cross-reference to 40 CFR 63.1111(b)(1) that
contains the description of the previously required SSM report format
and submittal schedule from this section. These specifications are no
longer necessary because the events will be reported in otherwise
required reports with similar format and submittal requirements. We are
proposing to remove the applicability of the requirements at 40 CFR
63.1111(b)(2) for reasons discussed above and because 40 CFR
63.1111(b)(2) describes an immediate report for startups, shutdown, and
malfunctions when a source failed to meet an applicable standard but
did not follow the SSM plan. We will no longer require owners and
operators to report when actions taken during SSM were not consistent
with an SSM plan, because plans would no longer be required.
i. Proposed 13-Minute Startup Control Device Bypass Provision
In order to address safety concerns related to the elimination of
applicability of the SSM-related provisions when demonstrating
compliance with standards under the Carbon Black Production NESHAP, we
are proposing that the provisions specified in 40 CFR 63.983(a)(1) of
subpart SS, that each closed vent system shall be designed and operated
to collect the regulated material vapors from the emission point shall
apply at all times, unless complying with the 13-minute startup control
device bypass provision. In accordance with the requirements of CAA
section 112(h), we are proposing a work practice standard to apply as
follows: During periods of startup, when the percent excess oxygen of
the collected vapor is greater than or equal to 3 percent, the closed
vent system to the control device may be bypassed for the period when
the excess oxygen concentration is greater than or equal to 3 percent
or for 13 minutes, whichever time is shorter. At all other times, the
use of a bypass line on a closed vent system to divert emissions
subject to the requirements in Table 8 to 40 CFR 63.1103(f) to the
atmosphere or to a control device not meeting the requirements
specified in Table 8 of this subpart is an emissions standards
violation.
We are proposing this work practice standard because it is not
feasible to enforce or prescribe an emission standard during startup.
Due to the combustible nature of the tail gas contained in the ductwork
and primary bag filter at carbon black facilities, a CCD cannot be
safely operated until the contents of the ductwork and primary bag
filter are below 3-percent excess oxygen. If a CCD is used while the
excess oxygen content is 3 percent or above, this could lead to an
explosion at the facility.
After further discussions with the ICBA, we determined that the 13-
minute allotment to bypass the CCD, corresponds with the minimum time
necessary to completely purge the ductwork and primary bag filter of
the facility representing the lowest production rate. A lower
production rate results in a lower flow rate through the ductwork,
leading to a longer period of time to completely purge the ductwork and
primary bag filter. Some facilities that operate using a higher
production rate, will be able to purge the line in less than the 13-
minute allotment. To address this variability, we are proposing to
require that once facilities are under 3-percent excess oxygen content,
they must start controlling emissions to meet the applicable emission
limit. This requirement minimizes emissions from higher production rate
facilities, that can properly purge the ductwork and primary bag filter
in less than the 13-minute period.
In order to further reduce emissions during the 13-minute startup
work practice period, we are proposing to require that facilities
operate using the minimum load for standard starting operating
procedures. This requirement will reduce the amount of new HAP being
generated during the 13-minute startup period, by limiting the quantity
of tail gas being produced, thus, reducing the amount of HAP being
released.
All facilities in this source category bypass the combustion
control device until the excess oxygen concentration drops below 3-
percent and use the minimum load for standard starting operating
procedures during startup, therefore, this practice represents the best
performers and represents the MACT floor. We did not identify
additional measures to reduce emissions during this period, and,
therefore, are proposing a standard based on the MACT floor. Based on
conversations with industry, there are no other provisions that would
need to be proposed as a result of the elimination of the SSM-related
provisions being proposed with this action. For additional information
on the proposed work practice requirement during periods of startup,
see the file, SSM Email correspondence with ICBA, available in the
docket for this action.
j. 40 CFR Part 63, Subpart SS Revisions
In keeping with the elimination of the SSM exemption, we are also
proposing in the Carbon Black Production MACT standards at 40 CFR
63.1103(f)(4) to remove the applicability of SSM-related exemption
provisions from 40 CFR part 63, subpart SS referenced by the Carbon
Black Production MACT standards under 40 CFR part 63, subpart YY,
similar to the revisions to 40 CFR part 63, subpart YY discussed under
sections IV.1.E.c through h of this preamble. SSM-exemption related
language being proposed for removal includes specific compliance SSM-
related provisions/language such as ``except during periods of start-
up, shutdown and malfunction specified in a referencing subpart'';
``other than periods of startups, shutdowns, and malfunctions'';
language requiring that an SSM plan be prepared and followed; language
referencing operations during periods of SSM not constituting
representative conditions for the purpose of a performance test;
language allowing the exclusion of SSM data when determining compliance
with a standard; excursion language related to SSM periods; and SSM-
related record requirements.
2. Electronic Reporting
The EPA is proposing that owners and operators of carbon black
production facilities submit electronic copies of required performance
test reports, Notification of Compliance Status (NOCS), and periodic
reports through the EPA's Central Data Exchange (CDX) using the
Compliance and Emissions Data Reporting Interface (CEDRI). A
description of the electronic data submission process is provided in
the memorandum, Electronic Reporting Requirements for New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) Rules, available in the docket for
this action.
The proposed rule requires that performance test results collected
using test methods that are supported by the
[[Page 3075]]
EPA's Electronic Reporting Tool (ERT) as listed on the ERT website \23\
at the time of the test be submitted in the format generated through
the use of the ERT or an electronic file consistent with the xml schema
on the ERT website, and other performance test results be submitted in
portable document format (PDF) using the attachment module of the ERT.
The proposed rule requires that NOCS reports be submitted as a PDF
upload in CEDRI.
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\23\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
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For periodic reports, the proposed rule requires that owners and
operators use the appropriate spreadsheet template to submit
information to CEDRI. A draft version of the proposed template for
these reports is included in the docket for this action.\24\ The EPA
specifically requests comment on the content, layout, and overall
design of the template.
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\24\ See Proposal Form 5900-484 Carbon Black Periodic Report,
available at Docket ID No. EPA-HQ-OAR-2020-0505.
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Additionally, the EPA has identified two broad circumstances in
which electronic reporting extensions may be provided. These
circumstances are (1) outages of the EPA's CDX or CEDRI which preclude
an owner and operator from accessing the system and submitting required
reports and (2) force majeure events, which are defined as events that
will be or have been caused by circumstances beyond the control of the
affected facility, its contractors, or any entity controlled by the
affected facility that prevent an owner and operator from complying
with the requirement to submit a report electronically. Examples of
force majeure events are acts of nature, acts of war or terrorism, or
equipment failure or safety hazards beyond the control of the facility.
The EPA is providing these potential extensions to protect owners and
operators from noncompliance in cases where they cannot successfully
submit a report by the reporting deadline for reasons outside of their
control. In both circumstances, the decision to accept the claim of
needing additional time to report is within the discretion of the
Administrator, and reporting should occur as soon as possible.
The electronic submittal of the reports addressed in this proposed
rulemaking will increase the usefulness of the data contained in those
reports, is in keeping with current trends in data availability and
transparency, will further assist in the protection of public health
and the environment, will improve compliance by facilitating the
ability of regulated facilities to demonstrate compliance with
requirements, and by facilitating the ability of delegated state,
local, tribal, and territorial air agencies and the EPA to assess and
determine compliance, and will ultimately reduce burden on regulated
facilities, delegated air agencies, and the EPA. Electronic reporting
also eliminates paper-based, manual processes, thereby saving time and
resources, simplifying data entry, eliminating redundancies, minimizing
data reporting errors, and providing data quickly and accurately to the
affected facilities, air agencies, the EPA, and the public. Moreover,
electronic reporting is consistent with the EPA's plan \25\ to
implement Executive Order 13563 and is in keeping with the EPA's
Agency-wide policy \26\ developed in response to the White House's
Digital Government Strategy.\27\ For more information on the benefits
of electronic reporting, see the memorandum, Electronic Reporting
Requirements for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules,
referenced earlier in this section.
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\25\ The EPA's Final Plan for Periodic Retrospective Reviews,
August 2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
\26\ E-Reporting Policy Statement for EPA Regulations, September
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
\27\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
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3. Boiler and Process Heater Provisions
As a result of the EPA's assessment of the MACT standards that
currently apply to the Carbon Black Production source category under 40
CFR part 63, subpart YY, the EPA was made aware that there may be
instances where carbon black production process vents at affected
sources, route emissions to a boiler/process heater for use as fuel gas
may not be subject to any requirements. Under the existing standards,
although emission streams may be subject to the Carbon Black Production
MACT, these streams are exempt from any requirements under the rule
when emissions are routed to a boiler/process heater for use as fuel
gas. The EPA assumed that these boilers/process heaters would be
subject to the 40 CFR part 63, subpart DDDDD, Industrial, Commercial,
and Institutional Boilers and Process Heaters NESHAP (Boiler MACT).
However, under the Boiler MACT, process heaters/boilers covered under
another standard (as with the Carbon Black Production MACT) would not
be subject to the Boiler MACT. Specifically, boilers that are used as
control devices for other NESHAP standards, where at least 50 percent
of the heat input to the boiler is provided by the NESHAP-regulated gas
stream would not be subject to the Boiler MACT. This was an unintended
consequence of the Carbon Black Production MACT rule. We are,
therefore, proposing that applicable boilers/process heaters that
receive tail gas for use as fuel gas must comply with annual tune up
requirements specified in 40 CFR 63.1103(f)(3)(iii). The proposed
annual boiler/process heater tune-up requirements are similar to what
is included for gas 1 units under the Boiler MACT.
4. Performance Test Frequency
The EPA is proposing to revise the MACT standard compliance
provisions for the Carbon Black Production source category to require
owners and operators of carbon black production affected source process
vents subject to the rule conduct performance tests every 5 years. The
EPA has determined that an initial performance test is insufficient to
demonstrate continued compliance over time. Thus, this proposed
revision is necessary to ensure continued compliance with standards.
F. What compliance dates are we proposing?
Amendments to the Carbon Black Production standards proposed in
this rulemaking for adoption under CAA section 112(d)(2) and (3) and
CAA section 112(d)(6) are subject to the compliance deadlines outlined
in the CAA under CAA section 112(i). New sources, (i.e., sources that
commence construction or reconstruction after proposal of the standard)
must comply with the standard immediately upon start-up. Existing
sources, as described in CAA section 112(i) provides that the
compliance date shall provide for compliance as expeditiously as
practicable, but no later than 3 years after the effective date of the
standard. (``Section 112(i)(3)'s three-year maximum compliance period
applies generally to any emission standard . . . Association of Battery
Recyclers v. EPA, 716 F.3d 667, 672 (D.C. Cir. 2013).) In determining
what compliance period is as expeditious as practicable, we consider
the amount of time needed to plan and construct projects and change
operating procedures by affected sources. The final action is not
expected to be a ``major rule'' as defined by 5 U.S.C. 804(2), so the
effective date of the
[[Page 3076]]
final rule will be the promulgation date as specified in CAA section
112(d)(10).
The EPA is proposing several changes that would impact new and
ongoing compliance requirements for carbon black production affected
sources under 40 CFR part 63, subpart YY. These changes include: (1)
Process vent emission standards being expanded to cover all applicable
(based on an applicability threshold) carbon black production process
vents; (2) the requirement to conduct performance tests every 5 years
when demonstrating compliance with process vent emission control
requirements; (3) boiler and process heater tune up requirements; (4)
several SSM-related changes (changes proposed as a result of removing
the applicability of the SSM exemption from the requirements); (5) the
alternative work practice standard specified in 40 CFR 63.1103(f)(5)
related to the requirement that a closed vent system route the
collected vapors to a control device when demonstrating compliance, and
(6) the addition of requirements to submit reports electronically. The
compliance applicability dates vary for listed items one through three,
and four and five.
The EPA is proposing that, if applicable, all carbon black
production affected sources that commenced construction or
reconstruction on or before January 14, 2021, must be in compliance
with the: (1) Process vent emission standards being expanded to cover
all applicable (based on an applicability threshold) carbon black
production process vents; (2) the requirement to conduct performance
tests every 5 years when demonstrating compliance with process vent
emission control requirements; and (3) boiler and process heater tune
up requirements by 1 year after the date the final rule is published in
the Federal Register. The 1-year allowance for existing sources to
comply with the rule is based on the EPA's assessment that owners and
operators will need time to plan, determine applicability of process
vent requirements, and implement performance testing and control
requirements (which could include equipment/retrofit investments to
comply with new requirements). The EPA is also proposing that, if
applicable, all carbon black production affected sources that commenced
construction or reconstruction after January 14, 2021, must be in
compliance with the: (1) Process vent emission standards being expanded
to cover all applicable (based on an applicability threshold) carbon
black production process vents; (2) the requirement to conduct
performance tests every 5 years when demonstrating compliance with
process vent emission control requirements; and (3) boiler and process
heater tune up requirements upon initial startup, or the date of
publication of the final rule in the Federal Register, whichever is
later.
For other proposed requirements related to SSM-related changes and
electronic reporting, the EPA is proposing that all carbon black
production affected sources that commenced construction or
reconstruction on or before January 14, 2021, must be in compliance
with the: (1) SSM-related changes (changes proposed as a result of
removing the SSM exemption from the requirements); (2) the alternative
work practice standard specified in 40 CFR 63.1103(f)(5) related to the
requirement that a closed vent system route the collected vapors to a
control device when demonstrating compliance; and (3) the addition of
requirements to submit reports electronically 180 days after
publication of the final rule in the Federal Register. All carbon black
production affected sources that commenced construction or
reconstruction after January 14, 2021, must be in compliance with the:
(1) SSM-related changes; (2) the alternative work practice standard
specified in 40 CFR 63.1103(f)(5) related to the requirement that a
closed vent system route the collected vapors to a control device when
demonstrating compliance; and (3) the addition of requirements to
submit reports electronically upon initial startup, or the date of
publication of the final rule in the Federal Register, whichever is
later. Based on our assessment, for existing sources, the EPA considers
a period of 180 days to be the most expeditious compliance period
practicable for complying with SSM-related and electronic reporting
requirement change planning and implementation.
For SSM-related requirement changes, we believe 180 days is
sufficient for owners and operators of affected sources to familiarize
themselves with the operational, monitoring, reporting, and
recordkeeping changes associated with the SSM-related requirement
changes. Additionally, 180 days is sufficient for owners and operators
of affected sources to comply with the alternative work practice
standard that addresses safety concerns as a result of removing the
applicability of SSM-related provisions when demonstrating compliance
with standards under the Carbon Black Production NESHAP.\28\
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\28\ Section 63.983(a)(1) of 40 CFR part 63, subpart SS requires
that each closed vent system be designed and operated to collect the
regulated material vapors from the emission point, and to route the
collected vapors to a control device, apply at all times.
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We are also proposing to change the applicability of requirements
for SSM by removing the applicability of the exemption from the
requirements to meet the standard during SSM periods and by removing
the requirement to develop and implement an SSM plan. Our experience
with similar industries that are required to convert reporting
mechanisms to install necessary hardware and software, become familiar
with the process of submitting performance test results electronically
through the EPA's CEDRI, test these new electronic submission
capabilities, and reliably employ electronic reporting shows that a
time period of a minimum of 90 days, and, more typically, 180 days is
generally necessary to successfully accomplish these revisions. Our
experience with similar industries further shows that owners and
operators generally require a time period of 180 days to read and
understand the amended rule requirements; to evaluate their operations
to ensure that they can meet the standards during periods of startup
and shutdown as defined in the rule and make any necessary adjustments;
and to update their operation, maintenance, and monitoring plan to
reflect the revised requirements.
For electronic reporting changes, the EPA's experience with similar
industries that are required to convert reporting mechanisms, to
install necessary hardware and software, become familiar with the
process of submitting performance test results electronically through
the EPA's CEDRI, test these new electronic submission capabilities, and
reliably employ electronic reporting shows that a time period of a
minimum of 90 days, and, more typically, 180 days, is generally
necessary to successfully accomplish these revisions. Our experience
with similar industries further shows that this sort of regulated
facility generally requires a time period of 180 days to read and
understand the amended rule requirements; to evaluate their operations
to ensure that they can meet the standards during periods of startup
and shutdown as defined in the rule and make any necessary adjustments;
and to update their operation, maintenance, and monitoring plan to
reflect the revised requirements.
We solicit comment on the proposed compliance periods.
Specifically, we request that comments in support of, and in opposition
to, the proposed compliance periods for the differing requirements
provide supporting
[[Page 3077]]
information as to why or why not the compliance periods proposed are
sufficient/insufficient.
V. Summary of Cost, Environmental, and Economic Impacts
A. What are the affected sources?
The EPA estimates that there are 15 production facilities in the
Carbon Black Production major source category that will be subject to
the Carbon Black Production NESHAP affected by the proposed amendments
to 40 CFR part 63, subpart YY. The basis of our estimates of affected
facilities is provided in the memorandum, Identification of Major
Sources for the Carbon Black Production NESHAP, which is available in
the docket for this action. We are not currently aware of any planned
or potential new or reconstructed carbon black production facilities in
the source category.
B. What are the air quality impacts?
While we are broadening the scope of the current standard, setting
annual tune up requirements for process heaters/boilers, removing the
SSM exemption, and establishing a work practice standard for periods of
startup, we do not have data to determine quantitatively the reduction
in HAP emissions resulting from this action. Nevertheless, we do not
anticipate that this action will result in significant HAP emission
reductions.
C. What are the cost impacts?
Costs were developed on a per facility basis, and all facilities
were determined to have similar costs. Costs were valued in 2019
dollars. Costs were broken into three separate categories based on
proposed requirements: Initial Applicability Test, Performance Test,
and Boiler/Process Heater Maintenance Costs.
Initial applicability testing costs include costs associated with
the proposed requirement that process vents located after the MUF meet
the standard, which will require facilities to determine whether
emissions control is needed for process vents after the MUF process
vent. We estimate this to be a one-time cost of $21, 350 per facility,
due to the assumption that the majority of HAP is removed and
controlled at the MUF, which results in the vent stream concentration
located after the MUF to fall below the HAP applicability concentration
threshold (260 ppmv).
Performance test costs include costs associated with the proposed
requirement to conduct emissions tests at the subject process vents
every 5 years starting in the first year of the proposed requirement.
We estimate that 20 percent of subject facilities will conduct a
performance test each year resulting in an annual cost of $15,241 per
facility.
Boiler/process heater maintenance costs include costs associated
with the proposed requirement to ensure that boilers and process
heaters are operating at peak efficiency and not creating excess
emissions through inefficient operation. Initial tune-up costs are
assumed to be higher to get the units back to peak efficiency. We
assume that following year costs would be lower because less
maintenance would be needed. As such, we estimate the initial tune-up
cost to be $6,750 per facility and subsequent annual tune-ups to cost
$1,350 per facility.
Costs were based primarily on labor, equipment, and travel costs.
Labor costs are based on Bureau of Labor Statistics data for relevant
employees necessary to perform the tests and maintenance. A detailed
cost analysis can be found in the memorandum, Carbon Black Cost
Memorandum, available in the docket for this action.
D. What are the economic impacts?
Economic impact analyses focus on changes in market prices and
output levels. If changes in market prices and output levels in the
primary markets are significant enough, impacts on other markets may
also be examined. Both the magnitude of costs associated with the
proposed requirements and the distribution of these costs among
affected facilities can have a role in determining how the market will
change in response to a proposed rule.
Economic costs to carbon black producers were measured in Present
Value (PV) total costs and Equivalent Annual Value (EAV) costs. All
producer facilities were estimated to have similar costs. All costs are
presented in 2019 dollars. Refer to the memorandum, Carbon Black
Economic Impact Analysis, in the docket for this rulemaking for more
information. PV total costs and EAV costs were measured at the 3-
percent and 7-percent discount rate. The duration of analysis was 10
years which represented two full cycles of cost analysis for the
proposed requirements. Per facility PV total costs were estimated to be
$70,000 and $63,000 at the 3-percent and 7-percent discount rates,
respectively. EAV costs per facility were estimated to be $8,000 and
$9,000 at the 3-percent and 7-percent discount rates, respectively. The
combined PV total cost of the proposed requirements for all facilities
was estimated to be $1,005,000 and $945,000 at the 3-percent and 7-
percent discount rates, respectively. The combined EAV cost of the
proposed requirements for all facilities was estimated to be $118,000
and $135,000 at the 3-percent and 7-percent discount rates,
respectively.
All carbon black producers subject to this rule were determined to
be large entities based on Small Business Administration standards.
Because the PV and EAV costs associated with the proposed revisions are
minimal, no significant economic impacts from the proposed amendments
are anticipated. Refer to the Carbon Black Economic Impact Memorandum,
available in the docket, for more information.
E. What are the benefits?
Although the EPA does not anticipate any significant reductions in
HAP emissions as a result of the proposed amendments, we believe that
the action, if finalized as proposed, would result in improvements to
the rule, by broadening the current emission limit, requiring an annual
tune-up for boilers/process heaters, and revising the SSM standards
such that a standard applies at all times, including periods covered by
the proposed work practice standard. Additionally, the proposed
amendments requiring electronic submittal of NOCS reports, performance
test results, and periodic reports will increase the usefulness of the
data, are in keeping with current trends of data availability, will
further assist in the protection of public health and the environment,
and will ultimately result in reduced reporting burden on the regulated
community. See section IV.D.3 of this preamble for more information.
VI. Request for Comments
We solicit comments on this proposed action. In addition to general
comments on this proposed action, we are also interested in additional
data that may improve the risk assessments and other analyses. We are
specifically interested in receiving any improvements to the data used
in the site-specific emissions profiles used for risk modeling. Such
data should include supporting documentation in sufficient detail to
allow characterization of the quality and representativeness of the
data or information. Section VII of this preamble provides more
information on submitting data.
VII. Submitting Data Corrections
The site-specific emissions profiles used in the source category
risk and demographic analyses and instructions are available for
download on the RTR website at https://www.epa.gov/stationary-sources-
air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-
[[Page 3078]]
black-hydrogen. The data files include detailed information for each
HAP emissions release point for the facilities in the source category.
If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern, and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR website, complete the following steps:
1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information.
2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter email
address, commenter phone number, and revision comments).
3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID No. EPA-HQ-OAR-2020-0505 (through the method described in the
ADDRESSES section of this preamble).
5. If you are providing comments on a single facility or multiple
facilities, you need only submit one file for all facilities. The file
should contain all suggested changes for all sources at that facility
(or facilities). We request that all data revision comments be
submitted in the form of updated Microsoft[supreg] Excel files that are
generated by the Microsoft[supreg] Access file. These files are
provided on the project website at https://www.epa.gov/stationary-sources-air-pollution/acetal-resins-acrylic-modacrylic-fibers-carbon-black-hydrogen.
VIII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to OMB for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
The information collection activities in this proposed rule have
been submitted for approval to the OMB under the PRA. The Information
Collection Request (ICR) document
that the EPA prepared has been assigned EPA ICR number 2677.01. You
can find a copy of the ICR in the docket for this rule, and it is
briefly summarized here.
We are proposing changes to the recordkeeping and reporting
requirements associated with 40 CFR part 63, subpart YY, in the form of
eliminating the SSM plan and reporting requirements; broadening the
initial emission limit to include process vents located after the MUF;
and including the requirement for electronic submittal of reports. In
addition, the number of facilities subject to the standards changed.
The number of respondents was reduced from 18 to 15 based on
consultation with industry representatives and state/local agencies.
Respondents/affected entities: The respondents to the recordkeeping
and reporting requirements are owners and operators of carbon black
production facilities subject to 40 CFR part 63, subpart YY.
Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart YY).
Estimated number of respondents: 15 facilities.
Frequency of response: The frequency of responses varies depending
on the burden item. Responses include one-time review of rule
amendments, reports of periodic performance tests, and semiannual
compliance reports.
Total estimated burden: The annual recordkeeping and reporting
burden for responding facilities to comply with all of the requirements
in the NESHAP, averaged over the 3 years of this ICR, is estimated to
be 289 hours (per year). The average annual burden to the Agency over
the 3 years after the amendments are final is estimated to be 213 hours
(per year) for the Agency. Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: The annual recordkeeping and reporting cost
for responding facilities to comply with all of the requirements in the
NESHAP, averaged over the 3 years of this ICR, is estimated to be
$180,928 (rounded, per year). There are no estimated capital and
operation and maintenance costs. The total average annual Agency cost
over the first 3 years after the amendments are final is estimated to
be $10,247.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the dockets
identified at the beginning of this rule. You may also send your ICR-
related comments to OMB's Office of Information and Regulatory Affairs
via email to [email protected], Attention: Desk Officer for
the EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after receipt, OMB must receive comments no
later than February 16, 2021. The EPA will respond to any ICR-related
comments in the final rule.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities, since there
are no small entities in the source category.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. No tribal facilities are known to be engaged in
the Carbon
[[Page 3079]]
Black Production source category and would not be affected by this
action. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
sections III.A and IV.A and B of this preamble.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
The documentation for this decision is contained in sections IV.A,
IV.B, IV.F, and IV.G of this preamble. As discussed in sections IV.A,
IV.B, IV.F, and IV.G of this preamble, we performed a demographic
analysis for each source category, which is an assessment of risks to
individual demographic groups, of the population close to the
facilities (within 50 km and within 5 km). In our analysis, we
evaluated the distribution of HAP-related cancer risks and noncancer
hazards from the Carbon Black Production source category across
different social, demographic, and economic groups within the
populations living near operations identified as having the highest
risks.
Results of the demographic analysis performed for the Carbon Black
Production source category indicate that, for four of the 11
demographic groups, African American, people age 65 and up, people
living below the poverty level, and adults over 25 without a high
school diploma that reside within 5 km of facilities in the source
category is greater than the corresponding national percentage for the
same demographic groups. When examining the risk levels of those
exposed to emissions from carbon black production facilities, we find
nobody is exposed to a cancer risk at or above 1-in-1 million and
nobody is exposed to a chronic noncancer TOSHI greater than 1. For
additional information see the memorandum, Risk and Technology Review--
Analysis of Demographic Factors For Populations Living Near Carbon
Black Production Source Category Operations, available in the docket
for this action.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Andrew Wheeler,
Administrator.
[FR Doc. 2021-00233 Filed 1-13-21; 8:45 am]
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