Air Toxics Compound Analysis: A New NEPA Requirement

1. Air Toxics Compound Analysis:A New NEPA Requirement Kevin Black Air Quality Specialist Federal Highway Administration Presented to: FHWA Environmental Conference Arlington, VA June 28, 2006

2. Outline of MSAT Presentation • Background on Mobile Source Air Toxics • MSAT Policy – Interim Guidance • MSAT Analysis Methods • MSAT Mitigation • Conclusion/Questions

3. Background on Mobile Source Air Toxics (MSATs)

4. 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

5. Background on MSATs

6. 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

7. 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

8. Background on MSATs

9. 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

10. Background on MSATs • EPA’s 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

11. Background on MSATs

12. 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

13. 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

14. 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

15. 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

16. 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

17. MSAT Policy – Interim Guidance • The Guidance provides criteria to assist project sponsors determine the required analysis approach

18. 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

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

20. MSAT Analysis Methods • Exempt Projects still must discuss MSATs • The Guidance for Exempt Projects can be found in Appendix A

21. MSAT Analysis Methods - Qualitative • Descriptive Text (Appendix B) • Charts and graphs • !502.22 qualifying statements (Appendix C)

22. MSAT Analysis Methods - Qualitative

23. MSAT Analysis Methods - Quantitative • Descriptive Text • Analysis discussion method, and data • !502.22 qualifying statements (Appendix C)

24. MSAT Analysis Methods - Quantitative

25. 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

26. 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

27. Conclusion

28. Questions ??? Kevin Black Air Quality Specialist Phone: 410-962-2177 E-Mail: Kevin.N.Black@fhwa.dot.gov