June 13, 2006
ABA SEER Air Quality Committee Teleconference: Residual Risk Under Clean Air Act Section 112: The Recently Proposed HON Rule and Beyond
The CAA directs the US Environmental Protection Agency (“EPA”) to assess the risk remaining (known as “residual risk”) after the application of the Maximum Achievable Control Technology (“MACT”) standards and to promulgate additional standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect.
The CAA also requires EPA to review and revise MACT standards, as necessary, every eight years, taking into account developments in practices, processes, and control technologies that have occurred during that time.
EPA is in the early stages of promulgating residual risk standards following its promulgation of MACT standards for virtually all source categories. In 1994, EPA issued the MACT standard rule for the synthetic organic chemical manufacturing industry—known as the Hazardous Organic NESHAP or “HON” rule. A few weeks ago EPA proposed its residual risk standard for this source category. This standard is likely to serve as a template for hundreds of residual risk standards to follow. The panelists will discuss the residual risk program in general, and then focus on both the principles that underlay the HON residual risk rule, and the specifics of the HON proposal.
Faculty: Moderator: David Friedland, Beveridge & Diamond, P.C., Washington, DC
Dr. Richard Brooks, Vermont Law School, South Royalton, VT
Dave Guinnup, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, NC
Leslie Hulse, American Chemistry Council, Arlington, VA
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