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National Enforcement Initiatives for Fiscal Years 2008 - 2010:
Clean Air Act: Air Toxics
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
Planning Topics
Annual Results Report
For additional civil and criminal compliance and enforcement results, see:
On February 22, 2010, EPA renamed its "National Enforcement Priorities" to "National Enforcement Initiatives" and announced the Agency’s National Enforcement Initiatives for the 2011-2013 fiscal years.
On this page:
- Problem
- Approach
- Key Results
- Highlights
- Transition to the FY 2011-2013 National Enforcement Initiative
Problem
Toxic air pollutants are known or suspected to cause cancer or other serious health effects, such as reproductive or birth defects, or adverse environmental impacts. These pollutants come from a wide variety of sources, including industrial and utility operations, as well as smaller manufacturing and commercial sources. Human exposure to air toxics is widespread throughout the nation.
Approach
EPA regulates 187 air toxics - known as hazardous air pollutants (HAPs) - by developing Maximum Achievable Control Technology (MACT) standards.
To reduce unlawful public exposure to toxic air emissions, EPA developed an Air Toxics national enforcement initiative. The Air Toxics strategy summary of 2008-2010 (PDF) (2pp, 16K, About PDF) describes how EPA addresses industries that have a high incidence of non-compliance with Clean Air regulations.
In the 2008-2010 strategy, EPA focused its Air Toxics Enforcement Initiative on addressing significant noncompliance and achieving emission reductions at facilities subject to the MACT Standards, with a focus on leak detection and repair (LDAR), industrial flares, and surface coating
Key Results
| Fiscal Year (FY) |
Estimated Pollutants to be Reduced or Treated (lbs)* |
Estimated Investments in Pollution Control ($)** |
Civil Penalties ($) *** |
|---|---|---|---|
| 2008 | 0.09 million | $7.2 million | $2.6 million |
| 2009 | 0.19 million | $0.2 million | $0.34 million |
| 2010 | 7.6 million | $23 million | $5.8 million |
*Estimated pollutants reduced or treated is an estimate of the pounds of pollutants reduced, treated, or eliminated during the first year after a facility returns to compliance.
** Estimated investments in pollution control is an estimate of the defendant's cost to comply with consent decrees through the installation of appropriate pollutant controls. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
*** Civil Penalties are penalties assessed, not collected. The values for FY 2008 through FY 2009 are adjusted for inflation.
Highlights
- In FY 2010, EPA focused enforcement actions on leak detection and repair, industrial flares, and surface coatings, gaining commitments to reduce an estimated total of 7.6 million pounds of pollutants in the first year after the facilities return to compliance.
- The primary pollutants reduced by these enforcement actions are volatile organic compounds (VOCs) and 1,3-butadiene.
- Reducing volatile organic compounds is important because these chemicals can: irritate the eyes, nose and throat; cause headaches and nausea; damage the liver, kidneys, and central nervous system; and cause cancer.1
- Taking action to enforce compliance with environmental laws regarding 1-3 butadiene is important because this substance produced through petroleum processing in a variety of manufacturing, such as rubber and plastics manufacturing facilities, is a carcinogen that can cause cancer in humans particularly stomach, blood, and lymphatic cancer according to the Agency for Toxic Substances and Disease Registry (ATSDR).2
- Reducing volatile organic compounds is important because these chemicals can: irritate the eyes, nose and throat; cause headaches and nausea; damage the liver, kidneys, and central nervous system; and cause cancer.1
- A FY 2010 air toxics settlement with Formosa Plastics will require the company to reduce pollution by more than an estimated 6.6 million pounds of volatile organic compounds per year and result in cleaner air, water, and soil for local communities in Point Comfort, TX and Baton Rouge, LA.
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In addition, the company will spend an estimated $13 million to control pollution to prevent future environmental and human health impacts in accordance with environmental laws designed to protect air, water, and soil quality.3
- This is one of the most significant pollutant reductions and investments in air pollution control technology achieved to date under the 2008-2010 air toxics national enforcement initiative
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In addition, the company will spend an estimated $13 million to control pollution to prevent future environmental and human health impacts in accordance with environmental laws designed to protect air, water, and soil quality.3
Transition to the FY 2011-2013 Air Toxics National Enforcement Initiative
In 2009 EPA's Office of Enforcement and Compliance Assurance (OECA) conducted outreach to other EPA programs, EPA Regions, states and tribal governments, environmental media associations, environmental advocacy and environmental justice groups, and the public to solicit suggestions for OECA's enforcement initiatives for the 2011-2013 fiscal years. There was widespread support for continuing EPA's work on air toxics. Work under this initiative will continue in 2011-2013 to focus on excess emissions caused by facilities' failure to comply with EPA's leak detection and repair requirements and restrictions on flaring, and to address excess emissions during start-up, shutdown and malfunction events. OECA will partner with EPA's Office of Air and Office of Research and Development on this effort, and will give particular emphasis to problems affecting local communities that are disproportionately impacted by pollution from multiple sources.
Footnotes:
- US Environmental Protection Agency. "Care for Your Air: A Guide to Indoor Air Quality."
- Agency for Toxic Substances and Disease Registry. "ToxFAQs for 1,3-Butadiene.";
US Environmental Protection Agency. "1,3 Butadiene." - U.S. Environmental Protection Agency. "Formosa Plastics Agrees to Resolve Multiple Environmental Violations at Plants in Texas and Louisiana." Press Release.