Air Toxics Compound Analysis: A New NEPA Requirement

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Air Toxics Compound AnalysisA New NEPA
Requirement
Kevin Black Air Quality Specialist Federal
Highway Administration Presented to FHWA
Environmental Conference Arlington, VA June 28,
2006
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Outline of MSAT Presentation

• Background on Mobile Source Air Toxics
• MSAT Policy Interim Guidance
• MSAT Analysis Methods
• MSAT Mitigation
• Conclusion/Questions

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Background on Mobile Source Air Toxics (MSATs)
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Background on MSATs

• Clean Air Act (CAA) of 1970 originally
  established air quality standards (NAAQS) for the
  criteria pollutants (CAPs)
• Sufficient data from health studies allowed
  establishing these standards
• CAA recognized that these standards might need to
  be revised (and others added) and established a
  process for making revisions

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Background on MSATs
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Background on MSATs

• During subsequent amendments to CAA and periodic
  standard reviews, revisions have been made to the
  NAAQS
• In the CAA Amendments (CAAA) of 1990, Hazardous
  Air Pollutants were defined and regulated by
  release into atmosphere, but this only applied to
  stationary sources
• CAAA did, however, required EPA to evaluate
  impacts from mobile sources

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Background on MSATs

• EPA conducted the Motor Vehicle Air Toxics Study
  (MVATS) in 1993 to determine the emissions from
  vehicles
• This lead to the Mobile Source Air Toxics Rule in
  March 2001
• The Rule designated 21 compounds emitted by
  vehicles or fuels that were HAPs and referred to
  these as MSATS
• Six were identified as priorities for regulation

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Background on MSATs
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Background on MSATs

• In addition, refineries were to maintain current
  standards for the fuel produced essentially
  prohibiting reformulations with other toxic
  compound
• Current regulations for CAPs also benefited HAPs
• - limits on gasoline volatility as determined by
  the Reid Vapor Pressure (RVP)
• - limits on sulfur in diesel fuel

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Background on MSATs

• EPAs Second Mobile Source Air Toxics Rule
  (February 2006) - Proposed
• Benzene content of gasoline to be limited to an
  annual average of 0.62 by volume beginning in
  2011
• Exhaust emissions of hydrocarbons from passenger
  vehicles operated in cold temperatures phased in
  between 2010 and 2015
• Passenger Vehicle Standards to be equivalent to
  those existing in California
• Hydrocarbon emission standard for gasoline cans
  in 2009

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Background on MSATs
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MSAT Policy Interim Guidance

• FHWA decided it was important to address MSATs in
  environmental documents
• Several studies pointed to MSATs as a significant
  health problem (MATES, NATA)
• FHWA was sued for not having addressed them in
  some environmental documents
• Some projects had been analyzed for MSATs so
  approaches to conduct analyses had been developed

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MSAT Policy Interim Guidance

• FHWA determined that project sponsors must be
  encouraged to analyze MSATs
• Failure to analyze for MSATs could result in the
  sponsor and FHWA being sued
• FHWA developed the MSAT Interim Guidance
• A three tiered approach was established in this
  Guidance which divided projects into groups
• - projects not requiring analysis
• - projects requiring qualitative analysis
• - projects requiring quantitative analysis

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MSAT Policy Interim Guidance

• Projects not requiring analysis
• - these projects are projects currently exempt
  under NEPA and conformity rules mostly project
  types that have been determined to have no
  significant impact or one that address safety
  problems
• - those projects that are CE or result in FONZIs
  after and EA would likely not have to do and MSAT
  analysis

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MSAT Policy Interim Guidance

• Projects requiring qualitative analysis
• - these projects are projects that the sponsor
  could readily identify as having some impact,
  although likely a smaller impact
• - most projects will be in this group

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MSAT Policy Interim Guidance

• Projects requiring quantitative analysis
• - this class of projects will likely be obvious
  too larger, high profile, often drawing
  significant negative comments from the community
• - these projects may represent only 10 of more
  but will require a greater analysis effort
  including the development of emission inventories
• - table summarizes analysis criteria and
  approaches

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MSAT Policy Interim Guidance

• The Guidance provides criteria to assist project
  sponsors determine the required analysis approach

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MSAT Policy Interim Guidance
Contents of Guidance Guidance memo Appendix A
Sample language for exempt projects Appendix B
Sample language for qualitative analysis Appendix
C Sample 1502.22 compliance language Appendix
D Background Attachment A List of MSAT
compounds Attachment B FHWA Research
Activities Attachment C 40 CFR
1502.22 Appendix E MSAT mitigation strategies
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MSAT Analysis Methods

• Exempt
• Qualitative
• - descriptive
• - charts and graphs
• Quantitative
• - emission inventory (burden analysis)
• - dispersion analysis
• - toxic weighting factor
• - risk analysis

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MSAT Analysis Methods

• Exempt Projects still must discuss MSATs
• The Guidance for Exempt Projects can be found in
  Appendix A

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MSAT Analysis Methods - Qualitative

• Descriptive Text (Appendix B)
• Charts and graphs
• !502.22 qualifying statements (Appendix C)

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MSAT Analysis Methods - Qualitative
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MSAT Analysis Methods - Quantitative

• Descriptive Text
• Analysis discussion method, and data
• !502.22 qualifying statements (Appendix C)

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MSAT Analysis Methods - Quantitative
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MSAT Mitigation

• MSAT mitigation will generally only be required
  for those projects which have used quantitative
  analysis
• Mitigation is discussed in the Guidance
• Some possible strategies
• - restrict idling of vehicles especially diesel
  trucks and buses using no idling ordinances
• - incorporate wider buffers adjacent to project
• - restrict the types of development adjacent to
  project (i.e., no residences, schools, hospitals)
• - evaluate and control emissions from off-road
  equipment such as construction vehicles

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Conclusion

• Interim Guidance has been released and is
  effective for all projects which have not
  completed the NEPA process
• All environmental documents processed should
  include an analysis (or statement noting
  exemption) addressing the impacts created by
  MSATs
• It is useful to note the new emphasis on project
  impacts created by both the MSAT Guidance and the
  PM Hotspot Rule released earlier this year, table
  illustrates similarities

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Conclusion
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Questions ???
Kevin Black Air Quality Specialist Phone
410-962-2177 E-Mail Kevin.N.Black_at_fhwa.dot.gov