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400            24. The U.S. Clean Air Act Amendments of 1990

          The toxic air pollution problem is widespread. Information generated
        from the Superfund "Right to Know" rule From the Superfund Authoriza-
        tion and Recovery Act (SARA Section 313) indicates that more than
        2.7 billion pounds of toxic air pollutants are emitted annually in the United
        States. EPA studies indicate that exposure to such quantities of air toxics
        may result in 1000 to 3000 cancer deaths each year.
          The CAAA90 offers a comprehensive plan for achieving significant reduc-
        tions in emissions of hazardous air pollutants from major sources. The new
        law will improve EPA's ability to address this problem effectively and it
        will accelerate progress in controlling major toxic air pollutants.
          EPA will issue Maximum Achievable Control Technology (MACT) stan-
        dards for each listed source category according to a prescribed schedule.
        These standards will be based on the best demonstrated control technology
        or practices within the regulated industry, and EPA must issue the stan-
        dards for 40 source categories within 2 years of passage of the new law.
        The remaining source categories will be controlled according to a schedule
        which ensures that all controls will be achieved within 10 years of enact-
        ment. Companies that voluntarily reduce emissions according to certain
        conditions can get a 6-year extension to meet the MACT requirements.
          Eight years after MACT is installed on a source, EPA must examine the
        risk levels remaining at the regulated facilities and determine whether
        additional controls are necessary to reduce unacceptable residual risk.
          The EPA developed (4) a one-page summary of the key points of Title
        III. The following is this summary.


        Title III—Air Toxics, Key Points
             • List of Pollutants and Source Categories: The law lists 189 hazardous air pollut-
           ants. One year after enactment EPA lists source categories (industries) which emit
           one or more of the 189 pollutants. In two years, EPA must publish a schedule for
           regulation of the listed source categories.
             • Maximum Achievable Control Technology (MACT): MACT regulations are
           emission standards based on the best demonstrated control technology and practices
           in the regulated industry. MACT for existing sources must be as stringent as the
           average control efficiency or the best controlled 12% of similar sources excluding
           sources which have achieved the Lowest Achievable Emission Rate (LAER) within
            18 months prior to proposal or 30 months prior to promulgation. MACT for new
           sources must be as stringent as the best controlled similar source. For all listed
            major point sources, EPA must promulgate MACT standards—40 source categories
           plus coke ovens within two years and 25% of the remainder of the list within four
           years, an additional 25% in seven years, and the final 50% in ten years.
             • Residual Risk: Eight years after MACT standards are established (except for
            those established two years after enactment), standards to protect against the resid-
           ual health and environmental risks remaining must be promulgated, if necessary.
           The standards would be triggered if more than one source in a category exceeds a
           maximum individual risk of cancer of 1 in 1 million. These residual risk regulations
           would be based on current CAA language that specifies that standards must achieve
           an 'ample margin of safety.'
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