A Risk-Based Approach To Developing MACT Standards:Does The Clean Air Act Allow EPA To Use Health Risk As A Basis For Setting MACT Standards Under Section 112?

摘要

Section 112 of the Clean Air Act("CAA")Amendments of 1990 provided an initial list of 188 Hazardous Air Pollutants("HAPs");mandated that EPA determine the sources of these HAPs;and then establish standards to regulate emissions of these HAPs.These standards,formally titled National Emission Standards for Hazardous Air Pollutants("NESHAPs"),were to all be promulgated by EPA by November 2000.Until recently,EPA's implementation of Section 112 was relatively predictable and consistent.With nearly 30 standards yet to be promulgated,EPA appears to be considering using an innovative health risk-based approach to developing at least some of the remaining NESHAPs.Section 112(d)(3)of the CAA requires emission standards for HAPs be set at a level reflecting the"maximum degree of reduction in emissions"of HAPs.These emission standards are commonly referred to as Maximum Achievable Control Technology("MACT")standards.EPA has generally developed these standards by setting"MACT Floors"based on the best performing sources in the categories.Now,the Agency is beginning to seek comment on using health-based provisions of Section 112 to mitigate the costs of implementing these standards,particularly when such standards provide little or no benefit to public health or the environment.