EPAWATCH MACT proposed for cement kilns, incinerators On March 20, Administrator Carol Browner signed a long-awaited proposed rule setting uniform, technology-based limits for most hazardous waste combustors {Federal Register 1996, 61(77), 17357-536). The proposed rule establishes a maximum achievable control technology (MACT) for 21 commercial and 141 on-site incinerators, as well as 26 cement kilns and 15 light-weight aggregate kilns that burn hazardous waste. The rule establishes MACT controls for each facility type, setting limits for dioxins and furans, mercury, particulates, and other pollutants. It sets uniform emissions limits for cement kilns and commercial incinerators, which account for 80% of U.S. hazardous waste incineration, EPA said. Historically, cement kilns have burned hazardous waste as fuel, undercutting commercial incinerators, which face tougher emission control standards. Commercial incinerators have long sought this rule. Cement kiln operators will have to add air pollution control equipment at an average cost of $1.04 million annually, EPA said. Most commercial incinerators already meet the proposed limits, said Tom Blank, an incinerator industry representative. EPA estimates that three of the nation's 26 hazardous waste-burning cement kilns will stop burning waste as a result of the rule. The Cement Kiln Recycling Coalition's Dick Stoll estimates that more kilns will stop burning hazardous waste as fuel. EPA also estimates that nearly half of die industrial facilities that operate on-site incinerators will stop burning hazardous waste rather than add new controls. Proposed limits for dioxin (0.2 ng/m3) and mercury (50 ug/m3) will eliminate 98 and 80%, respectively, of these pollutants from the worst burning sources, according to EPA. Industrial boilers and furnaces, which account for the remaining
20% of U.S. hazardous waste incineration, will be regulated by a separate rule due in the next three or four years.
Agreement promotes risk-based UST cleanup State environmental officials will use EPA-approved risk-based corrective actions protocols to prioritize cleanup of leaking underground petroleum storage tanks under a March 14 agreement. EPA and several oil companies will each provide $100,000 to the American Society of Testing and Materials (ASTM) to train state officials to use ASTM's protocols. Sixteen states have already undergone training, and four—Georgia, Michigan, South Carolina, and South Dakota—have begun actively implementing risk-based corrective actions, according to Dana Tulis, of the Office of Underground Storage Tanks. Overall, 37 states have applied for the training. Underground storage tank (UST) cleanups generally are managed by the states. Using risk-based corrective actions will help states prioritize tank cleanups, said Tulis. The protocols set up a risk prioritization scheme for states, most of which prioritize leaks in the order in which they are reported. Most states face dwindling funds, for UST cleanups, she said. ASTM's program establishes uniform procedures to determine cleanup standards for petroleum pollution. An extensive characterization of the site is done to determine the level of risk, said ASTM's Scott Murphy. Sites are then ranked in one of three levels according to the need for cleanup. Higher levels require greater site characterization, resulting in a better mapping of the con~ taminant plume, Tulis said. At the end of 1995, there were more than 300,000 releases from underground tanks nationwide; about 130,000 have been cleaned. EPA estimates about 600 new leaks are discovered nationwide each week.
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"Transitional" MACT set for new, rebuilt plants Industry sectors for which maximum achievable control technology (MACT) rules have not yet been issued must install air pollution controls in new or reconstructed facilities under a draft final rule {Federal Register 1996, 61(59), 13125-29)) The rule is a transitional measure, designed to bring tougher emissions controls more quickly to these industries, according to Gerri Pomerantz, an EPA air official. The rule targets construction of major sources of hazardous air pollutants in sectors where MACT standards are stalled, as well as reconstruction projects that cost at least 50% that of a new facility, Pomerantz said. Because it is more cost-effective to install control technology during construction, these sources present an opportunity to curb emissions in cases in which EPA has not developed MACT standards, she said. To date, EPA has issued MACT rules for 47 industrial sectors about 27% of those required by the Clean Air Act The rule allows a facility to determine the technology that would offer the best emissions control, Pomerantz said. If the air permitting authority approves the technology, it will be written into a new source permit. The rule allays industry's concerns that minor modifications to a facility or process would result in new MACT standards, said Leslie Ritts, an industry lawyer. However, industry prefers that the rule apply only to new construction, Ritts said, noting that sectors without MACT rules still are subject to other emissions regulations. Because EPA issued it as a "draft final rule," the regulation is considered final. However, if comments are received, EPA will issue a final rule in the fall. It will remain in effect until MACT standards are published, EPA said. EPA is required to complete all MACT rules by 2000.
0013-936X/96/0930-236A$12.00/0 © 1996 American Chemical Society
