June 16, 2009

Statement of Karen Blanchard

Associate Director, Outreach and Information Division

Office of Air Quality Planning & Standards

Office of Air and Radiation

U.S. Environmental Protection Agency

Public Hearing on EPA’s Proposed Rule regarding

National Emission Standards for Hazardous Air Pollutants: Area Source
Standards for Paints and Allied Products Manufacturing

Research Triangle Park, North Carolina

	Good morning.  Thank you for taking the time to attend this public
hearing on the Environmental Protection Agency’s proposed National
Emission Standards for Hazardous Air Pollutants: Area Source Standards
for Paints and Allied Products Manufacturing.  My name is Karen
Blanchard.  I am the Associate Director of the Outreach and Information
Division in EPA’s Office of Air Quality Planning and Standards.  I
will be chairing today’s hearing. 

	Before we begin hearing from the audience, I would like to briefly
describe the proposed rule that is the subject of today’s hearing. 
This proposed rule was announced May 22, 2009 and published in the
Federal Register on June 1, 2009.  

	The Clean Air Act requires EPA to identify categories of sources that
emit one or more of 187 listed hazardous air pollutants, also known as
air toxics.  These categories include both major and area sources. 
Major sources of air toxics emit 10 tons per year of a single hazardous
air pollutant or 25 tons per year of a mixture of hazardous air
pollutants.  Examples of major sources include chemical plants and steel
mills.  Area sources release smaller amounts of toxic pollutants into
the air—less than 10 tons per year of a single air toxic, or less than
25 tons per year of a mixture of air toxics. Examples of air toxics area
sources include neighborhood dry cleaners and gas stations. Though
emissions from individual area sources are often relatively small,
collectively their emissions can be of concern—particularly where
large numbers of area sources are located in heavily populated areas.

	The Clean Air Act requires EPA to identify the toxic air pollutants
that pose a health threat in the largest number of urban areas and to
regulate sufficient area source categories to ensure that the emissions
of these “urban air toxics” are reduced.  EPA implements these
requirements through its Integrated Urban Air Toxics Strategy.  Paints
and allied products manufacturing facilities are included on the area
source category list.

	Rather than the maximum achievable control technology (MACT) required
for major sources, the Clean Air Act allows EPA to develop standards for
area sources that provide for the use of either generally available
control technologies, called “GACT” or management practices.

	This air toxics rule is being proposed in response to the requirements
in section 112(k) of the Clean Air Act. EPA is issuing the proposal at
this time in response to a court order that directs EPA to issue final
rules for area sources every six months. 

 

Let me briefly outline the proposed revisions to the standards:

All facilities subject to the rule will be required to operate a
particulate control device to reduce emissions of metal air toxics. They
also will have to use management practices to control volatile air
toxics emissions.  

We are seeking comment on whether to establish GACT standards for this
source category by distinguishing among the sources based on class,
type, or size.  

To comply with the proposed rule, a facility will need to meet
requirements for monitoring, notifications, recordkeeping, and
reporting.  Within 120 days of the effective date of the final rule,
facilities will be required to notify EPA that they are an affected
source. After this initial notification, each facility will be required
to prepare an annual compliance certification for the previous calendar
year only if it does not meet the manufacturer’s standards for the
particulate control device or does not meet the visual emissions
standards during the year.  

For demonstrating ongoing compliance, the requirements include daily,
weekly, and annual inspections; semi-annual visible emission testing;
monthly checklists; and annual certifications that the management
practices are being followed and the particulate control device is being
properly operated.  

	More information is available in the fact sheet on the proposed rule.
Copies are at the registration table.  The fact sheet also includes
detailed instructions for submitting written comments. 

The comment period for this proposal remains open until July 15, 2009. 
EPA will issue a final rule by August 17, 2009. 

	Now, let me turn to the comment portion of today’s hearing.  We will
be preparing a written transcript of this hearing, and each speaker’s
comments today will become part of the official record for the rule.    

Today’s hearing will work as follows.  I will call on the scheduled
speakers according to the sign-in list.  Please state your name and your
affiliation.  It will help our court reporter if you also spell your
name. 

	Please be sure to give a copy of any written comments to our staff at
the registration table.  We will put the full text of your written
comments into the docket for you.

	We are asking that you limit your testimony to 10 minutes each. After
you finish your testimony, the panel member may answer questions that
seek to clarify your comments.

	We will try to ensure everyone has an opportunity to comment.  We will
be here until 1 p.m. this afternoon, and will stay later if necessary.

	If you would like to testify but have not yet registered to do so,
please sign up at the registration table.  

	

Now I’d like to introduce the other member of our panel. She is
Melissa Payne, an Environmental Specialist in the Outreach and
Information Division here at the Office of Air Quality Planning and
Standards.

I would like to thank you all again for participating today.  Let’s
get started.  

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