Rendell Files Petition Challenging EPA

HARRISBURG – Gov. Edward G. Rendell announced today that the Pennsylvania Department of Environmental Protection has filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit challenging the Environmental Protection Agency’s National Air Emissions Standards on hazardous air pollutants halogenated solvent cleaning.

The final rule, published May 3 in the Federal Register, exempts three industry sectors — aerospace, narrow tube manufacturers, and facilities that use continuous web-cleaning and halogenated solvent cleaning machines — from new standards that would require further emission reduction of trichloroethylene, or TCE, and other degreaser solvents.

“I believe the EPA did not adequately consider public health risks when establishing new air emissions standards for TCE, nor did they take into account the reasonable, economically-feasible and expedient measures that are available to the narrow tube industry to reduce emissions,” said Rendell, noting his reason for directing DEP to challenge this action. “Exempting these industries from more stringent emission standards fails to protect the well-being of our people, our communities and our economy.”

The EPA’s amendments to the air toxics standards affect the halogenated solvent cleaning industry. The new rule caps emissions of methylene chloride, perchloroethylene and trichloroethylene, which are solvents used in cleaning machines that remove soils like grease, oil, wax, carbon deposits, flux and tar from metal, plastic, fiberglass, printed circuit boards and other surfaces.

However, the EPA decided to exempt the three industry sectors from the new rules based on industry estimates of the costs associated with reducing emissions and the technical feasibility and time to comply, ruling that current emission levels for TCE and other degreasers is an acceptable health risk.

Governor Rendell wrote a letter to EPA Administrator Stephen L. Johnson on April 23 objecting to the agency’s reasons for the exemption. He has been in contact with lawmakers at the national and state level to express his administration’s deep concerns over the lack of protection for the state’s residents.

The letter outlined how stronger emissions standards for degreasing processes are feasible and affordable as evidenced by the ongoing voluntary reductions by narrow tube manufacturing facilities in Montgomery County. Depending on industry processes, TCE emission reductions of 30 to 90 percent can be accomplished by use of carbon absorbers or material reformulation.

In Collegeville, Montgomery County, DEP has been working with two narrow-tube companies —Superior Tube and Accellent — to voluntarily reduce TCE emissions after a higher-than-average annual concentration of TCE was discovered in the area. Both companies have stated plans to continue reducing emissions regardless of the EPA action.

“Contrary to the argument that reductions in TCE emissions will place an unfair burden on the narrow tube industry, we are seeing voluntary reductions by manufacturers in Montgomery County that can be realized within a year,” said Rendell. “That calls into question the EPA’s evaluation of the facts about this industry. For the sake of our residents, I am asking the EPA to act quickly in reviewing our objections and reverse this decision.”

DEP shared results of its Jan. 19 air monitoring report for the Collegeville-Trappe area of Montgomery County with EPA, indicating concerns about airborne TCE levels found at higher levels than other sites in Pennsylvania.

DEP first noted spikes of airborne TCE levels in Collegeville during mobile monitoring in 2004. In a follow-up to this finding, DEP began operating air-monitoring stations in Evansburg State Park and at the YMCA on College Avenue in Trappe in January 2005.

Although many compounds detected from these sampling locations were similar to other sites in urban or industrial areas of Pennsylvania, the levels of TCE were higher. Compared with an annual average concentration of 0.04 parts per billion by volume or lower of airborne TCE at monitoring sites throughout the state, 0.14 ppbv of TCE was detected in Evansburg, with 0.26 ppbv detected in Trappe.

A complete copy of DEP’s report on air sampling conducted in the Collegeville and Pottstown areas can be found at www.dep.state.pa.us/dep/deputate/airwaste/aq/toxics/toxics.htm.

For more information on air quality, visit www.depweb.state.pa.us, DEP Keyword: “Air Quality.”

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