by Ben Wakefield
EPA's finding of "no residual risk" from hazardous air pollutant ("HAP") emissions from oil refineries, and consequent "do nothing" proposal not to substantively update the maximum achievable control technology ("MACT") standards applicable to refinery HAPs, relies on industry-reported emissions estimates which are so understated as to be practically useless, and does not reflect current levels of technology already in use, as required by the Clean Air Act.
Dec 28, 2007
EPA is required by the federal Clean Air Act ("CAA") to set standards to control emissions of hazardous air pollutants ("HAPs") from oil refineries. EPA adopted the initial refinery standards in 1995. The CAA requires EPA to review those standards every eight years and to require more stringent controls if needed to protect public health or because of improvements in technology. EPA failed to meet the 8-year deadline, and now " twelve years later " proposes a finding that there are no remaining unacceptable health risks from refineries and that there is no improved technology which refineries should be required to use. EPA's determination is based on data that refineries themselves submitted; without considering air pollution from startups, shutdowns or malfunctions ("upsets"); without considering numerous other sources of toxic pollution within the refinery; and without considering the cumulative effects of pollution from multiple refineries in a single community. Further, EPA did not consider better practices already required by some states and in place at some refineries, such as "Differential Absorption Lidar" ("DIAL"), to monitor emissions. EIP has submitted comments on EPA's proposed rule urging EPA to abandon its current risk assessment based on industry-provided data and conduct its own independent investigation and analysis of remaining risk, and to mandate the use of modern technology. EIP has also joined the Natural Resources Defense Council, Earthjustice, Environmental Defense, the Galveston-Houston Association for Smog Prevention, Industry Professionals for Clean Air, Mothers for Clean Air, and the Sustainable Energy & Economic Development Coalition in submitting joint comments on EPAs proposed rule.
Click here for comments submitted by EIP on its own behalf.
Click below for attachments to EIP comments:
EIP Attachment A-Premcor Upset
EIP Attachment B-Motiva Upset
EIP Attachment C-Total Upset
EIP Attachment D-Alberta DIAL Study
Click here for the Joint Comments submitted by NRDC on behalf of NRDC, EJ, EIP, GHASP, IPCA, MfCA and SEED.
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