NATICH NEWSLETTER 453N91003 TITLE III SPECIAL EDITION Produced by the National Air Toxics Information Clearinghouse March 1991 The Clean Air Act Amendments of 1990 Reviewed In June 1989, President Bush proposed sweeping revisions to the Clean Air Act. Building on Con- gressional proposals advanced dur- ing the 1980s, the President pro- posed legislation designed to curb three major threats to the Nation's environment and to the health of millions of Americans: acid rain, urban air pollution, and toxic air emissions. The proposal also called for establishing a national permits program and an improved enforce- ment program to help ensure bet- ter compliance with the Clean Air Act. By large votes, both the House of Representatives (401 to 21) and the Senate (89 to 11) passed Clean Air bills that contained the major components of the President's pro- posals. Both bills also added provi- sions requiring the phasing out of ozone-depleting chemicals, gener- ally along the same schedule out- lined in international negotiations (Revised Montreal Protocol). The Senate and House bills also added specific research and development provisions, as well as detailed pro- grams to address accidental re- leases of toxic air pollutants. A joint conference committee met from July to October 1990 to resolve differences in the bills and both Houses overwhelmingly voted out the package recommended by the Conferees. The President re- From the Editor The Clean Air Act Amendments of1990 will significantly affect State and local air pollution control agencies, industry, EPA, and most importantly, our air quality. This special edition of the Newsletter provides an overview of Title IIJ - Hazardous Air Pollutants. Readers are encouraged to obtain a copy of the amendments (see inset) and to familiarize themselves with the details of the provisions. The Newsletter will continue to cover projects related to the amendments such as emission standards develop- ment and other EPA, State and local activities. The amendments require that EPA technical assistance centers including NATICH, Air RISC, and the Control Technology Center continue to provide assistance and technical information. The NATICH staff realizes that as State and local air toxics personnel work to incorporate the requirements of the new amendments into their air toxics programs, the types of assistance needed may change as well. We would like to hear any comments or suggestions on how NATICH could be improved, particularly what changes to the NATICH data base would be helpful. We also welcome ideas and articles for the Newsletter. Please call the NATICH staff at (919) 541-0850 or (FTS) 629-0850 with your comments. Martha Keating Editor ceived the bill from Congress on November 14, 1990, and signed it on November 15, 1990. (continued on page 2) How to Order the 1990 Clean Air Act Amendments The Clean Air Act Amendments of 1990 are available through: Office of Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 Telephone: (202) 275-3030 The report number is 101952 and it costs $11.00. In This Issue Hazardous Air Pollutants - Provisions of Title III Described 2 Title III Requires Special Studies 4 EPA to Issue Source Category Emission Standards 7 Title V - Permits Designed to Improve Compliance 8 Title III Expands Accident Prevention Program 9 Apr 4 ig31 ------- Clean Air Act Amendments (continued) Several progressive and crea- tive new themes are embodied in the Amendments, themes neces- sary for effectively achieving the air quality goals and regulatory reform expected from these far- reaching amendments. Specifically the new law: encourages the use of market- based principles and other in- novative approaches like per- formance-based standards and emission banking and trading; provides a framework from which alternative clean fuels will be used by setting stan- dards in the fleet and California pilot program that can be met by the most cost-effective com- bination of fuels and technology; promotes the use of clean, low- sulfur coal and natural gas, as well as innovative technologies to clean high-sulfur coal through the acid rain program; reduces energy waste and creates a market for clean fuels derived from grain and natural gas in order to cut dependency on oil imports by one million barrels per day; and promotes energy conservation through an acid rain program that gives utilities the flexibility to obtain needed emission reductions through programs that encourage customers to conserve energy. The Amendments include 11 Titles: Title I - Attainment and Maintenance of National Am- bient Air Quality Standards Title II - Mobile Sources Title III - Hazardous Air Pollutants Title IV - Acid Deposition Title V - Permits Title VI - Stratospheric Ozone Protection Title VII - Enforcement Title VIII - Miscellaneous Title IX - Clean Air Research Title X - Disadvantaged Business Concerns Title XI - Clean Air Employ- ment Transition Assistance Hazardous Air Pollutants - Provisions of Title III Described Title III of the Clean Air Act Amendments of 1990 details a comprehensive plan for achieving reductions in emissions of hazard- ous air pollutants. The new law will enable EPA to address air tox- ics more effectively and dramati- cally accelerate progress in con- trolling emissions. A schematic overview of Title III is presented in Figure 1. The major provisions of Title III are described below and the inset shows the special studies mandated. Pollutant List Title III establishes a list of 189 hazardous air pollutants (see Table 1). Any person may petition EPA to add or delete a pollutant from the list. The petitioner must show that there are adequate data on the health and environmental effects of the pollutant or other evidence that supports the peti- tion. The EPA is currently prepar- ing guidance that will be published in the Federal Register this spring explaining what an adequate peti- Figure 1 Pollutant List Petitions 18 month review Review within 8 Years Source Category List Petitions Published in 1 year 12 month review Regulatory Agenda Published in 2 years Review within 8 Years Compliance Extensions Early Emission Installation Reduction of Controls 6 yr extension 1 ytar extension BACT or LAER Is vr» from lnalallati°n Health-based Emissions Standards State Operating Permit 2 ------- Hazardous Air Pollutants (continued) tion must contain. The EPA must grant or deny the petition within 18 months after its receipt by pub- lishing a written explanation of the decision in the Federal Register. Source. Category List The list of major and area source categories and subcategor- ies emitting one or more of the 189 hazardous air pollutants will be published in draft form this spring. After opportunity for com- ment, the final list will be pub- lished by November 1991, and must be reviewed and revised, if appropriate, at least every 8 years. As with the pollutant list, any per- son may petition EPA to delete a source category from the list. The petitioner must show that no source in the category emits pollutants in quantities that may cause a lifetime risk of cancer greater than one in one million to the most exposed individual, or ex- ceed a level adequate to protect public health and the environment with an ample margin of safety. A major source is defined as "any stationary source or group of stationary sources located within a contiguous area and under com- mon control that emits or has the potential to emit considering con- trols, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of a mixture of hazardous air pollutants." The Administrator may also establish a lower quantity to define a major source based on characteristics of the pollutant such as potency, persistence, bioac- cumulation, or other relevant fac- tors. An area source is defined as any stationary source that is a non- major source. Regulatory Agenda A schedule establishing dates for promulgation of emission stan- dards for each listed source cate- gory will be published after public comment but within 2 years after enactment. The EPA must promul- gate emissions standards for at least 40 categories and subcate- gories within 2 years of enactment, followed by emissions standards for coke oven batteries by Decem- ber 31, 1992. Twenty-five percent of the listed source categories and subcategories must be regulated within 4 years of enactment, 50 percent within 7 years, and 100 percent within 10 years. The EPA must consider the following factors when determining priorities for promulgating the standards: the known or anticipated adverse ef- fect on human health and the en- vironment; the quantity and loca- tion of emissions; and the efficien- cy of grouping the categories by pollutants emitted, or by the pro- cesses or technologies used. The general deadlines for promulgating emission standards are shown in Figure 2. Technology-Based Emission Standards Technology-based emissions standards must achieve the max- imum degree of emissions reduc- tion deemed achievable by EPA. This is commonly referred to as maximum achievable control tech- nology, or MACT. In determining Figure 2 Year Petition guidance List of major sources Early reduction guidance Modifications guidance Schedule for standards MACT for 41 source categories MACT for 1st 25% categories MACT for 2nd 25% categories MACT for remaining categories Residual risk 41 SC's Residual risk 1st 25% categories Residual risk 2nd 25% categories Residual risk remaining SC's Accidental release list/regs. 90 92 94 96 98 0 2 4 1I 1 1. 1 1 1 1 1 1 1 w ; ; i; Proposal Promulgation Other Federal Actions State Action Source Action m 3 ------- Hazardous Air Pollutants (continued) MACT for a given source category or subcategory, EPA must consider the cost of achieving the emissions reduction, health and environmen- tal impacts, and energy require- ments. For area sources, EPA has the discretion to apply generally available control technologies (GACT) or management practices in lieu of MACT requirements. Development of the technology- based emission standards are dis- cussed in detail beginning on page 7. Compliance Extensions In general, sources have 3 years to comply with the technolo- ogy-based standards. A 1-year extension may be granted if additional time is needed for the installation of controls. Existing sources may apply for a 5-year exten- sion if they have in- stalled either best avail- able control technology or technology required to meet a lowest achiev- able emission rate, prior to promulgation of an emissions standard. For existing sources achieving early reduc- tions in emissions of 90 percent (95 percent for hazardous air pollutants which are particulates), a 6-year compliance ex- tension may be granted. Early reductions are described in more detail in the following article on emission stan- dards (see page 7). Health-based Emission Standards Within 6 years of enactment of the new law, EPA must prepare a report to Congress concerning issues related to risk assessment. Congress may enact new legisla- tion in response to the findings and recommendations of the report. If Congress does not act, EPA must promulgate health-based standards if needed to protect public health and the environment with an am- ple margin of safety. If necessary, such standards will be promulgated 8 years after the promulgation of the technology- based emission standards. Health-based emission standards are discussed in more detail in the following article on emission standards (see page 7). Operating Permits All of the titles of the new amendments, including Title III, are to be implemented and en- forced through a State or local operating permit program. State and local governments will apply to EPA for approval to implement the permit program, and if approved will be able to assess permit fees. Sources subject to Title III require- ments may not operate without a permit issued by the State or local agency, or by EPA if the State fails to develop an adequate program. There will be a period of 1 to 3 years before State permit pro- grams are in place. In the mean- time, sources must still comply with emissions standards already promulgated. Emission standards continue to be federally enforceable with or without an operating per- mit. This significant new program will greatly strengthen enforce- ment of the Clean Air Act by pro- viding for sufficient revenues for enforcement agencies and detailed information and permit conditions for sources. The operating permit provisions of Title V are described in a following article (see page 8). Two provisions in Title III related to permitting deserve special attention because of the potential implications for State pro- grams. Sections 112(g) and (j) both apply on the date a State permit program becomes effective. Sec- tion 112(g) requires a case- by-case control technology evaluation of major sources which are new, modified or recon- structed. The State or local permitting author- ity must perform this evaluation and deter- mine the appropriate control technology and emissions limit. The control technology and emissions limit selected must reflect what EPA would determine to be maximum achievable control technology, even if EPA has not pro- mulgated (or proposed) an emissions standard for that source category. Sources may offset emissions of pollutants, subject to certain restrictions, to avoid triggering the modification definition. A modification is defined as any change that results in more than a de minimis increase in the emissions of a listed hazardous air pollutant, or results in the emis- sions of a hazardous air pollutant not previously emitted in more than the de minimis amount. The EPA will issue guidance within 18 months of enactment and after public comment on this provision. Title III Requires Special Studies Title III requires that EPA conduct the following studies in addition to developing emission standards. Readers should consult the specific section in Title III for additional information and regulatory schedules. Atmospheric Deposition to the Great Lakes and Coastal Waters [Section 112(m)] Area Source Program [Section 112(k)] Electric Utility Steam Generating Units [Section 112(n)] Coke Oven Production Technology Study [Section 112(n)] Publicly-Owned Treatment Works [Section 112(n)] Hydrogen Sulfide Assessment [Section 112(n)] Hydrofluoric Acid Study [Section 112(n)] National Academy of Sciences Study on Risk Assess- ment [Section 112(o)] 4 ------- Table 1. Hazardous Air Pollutants Subject to the Provisions of Section 112 of the 1990 Clean Air Act Amendments Chemical Name CAS No. Chemical Name CAS No. Acetaldehyde 75070 Acetamide 60355 Acetonitrile 75058 Acetophenone 98862 Acetylaminofluorene(2) 53963 Acrolein 107028 Acrylamide 79061 Acrylic acid 79107 Acrylonitrile 107131 Allyl chloride 107051 Aminobiphenyl(4) 92671 Aniline 62533 Anisidine(o) 90040 Antimony Compounds Arsenic Compounds (inorganic including arsine) Asbestos 1332214 Benzene 71432 Benzidine 92875 Benzotrichloride 98077 Benzyl chloride 100447 Beryllium Compounds Biphenyl 192524 Bis(2-ethylhexyl)phthalate (DEHP) 117817 Bis(chloromethyl)ether 542881 Bromoform 75252 Butadiene(l,3) 106990 Cadmium Compounds Calcium cyanamide 156627 Caprolactam 105602 Captan 133062 Carbaryl 63252 Carbon disulfide 75150 Carbon tetrachloride 56235 Carbonyl sulfide 463581 Catechol 120809 Chloramben 133904 Chlordane 57749 Chlorine 7782505 Chloroacetic acid 79118 Chloroacetophenone(2) 532274 Chlorobenzene 108907 Chlorobenzilate 510156 Chloroform 67663 Chloromethyl methyl ether 107302 Chloroprene (Neoprene; 2-Chloro-l,3-butadiene) 126998 Chromium Compounds Cobalt Compounds Coke Oven Emissions Cresol(m) 108394 Cresol(o) 95487 Cresol(p) 106445 Cresols/Cresylic acid 1319773 Cumene (Isopropylbenzene) 98828 Cyanide Compounds' D(2,4), salts and esters 94757 DDE 3547044 Diazomethane 334883 Dibenzofurans 132649 Dibromo-3-chloropropane(l,2) 96128 Dibutylphthalate 84742 Dichlorobenzene(l,4)(p) 106467 Dichlorobenzidene(3,3) 91941 Dichloroethyl ether (Bis(2-chloroethyl)ether) 111444 Dichloropropene(l,3) 542756 Dichlorvos 62737 Diethanolamine 111422 Diethyl aniline (N,N) (Dimethylaniline (N,N)) 121697 Diethyl sulfate 64675 Dimethoxybenzidine(3,3') 119904 Dimethyl aminoazobenzene 60117 Dimethyl benzidine(3,3') 119937 Dimethyl carbamoyl chloride 79447 Dimethyl formamide 68122 Dimethyl hydrazine(l,l) 57147 Dimethyl phthalate 131113 Dimethyl sulfate 77781 Dinitro-o-cresol(4,6), and salts 534521 Dinitrophenol(2,4) 51285 Dinitrotoluene(2,4) 121142 Dioxane(l,4) (1,4-Diethyleneoxide) 123911 Diphenylhydrazine(l,2) 122667 Epichlorohydrin (Chloro-2,3-epoxypropane(l)) 106898 Epoxybutane(l,2) (1,2-Butylene oxide) 106887 Ethyl acrylate 140885 Ethyl benzene 100414 Ethyl carbamate (Urethane) 51796 Ethyl chloride (Chloroethane) 75003 Ethylene dibromide (1,2-Dibromoethane) 106934 Ethylene dichloride (1,2-Dichloroethane) 107062 Ethylene glycol 107211 Ethylene imine (Aziridine) 151564 Ethylene oxide 75218 Ethylene thiourea 96457 Ethylidene dichloride (1,1-Dichloroe thane) 75343 Formaldehyde 50000 Glycol ethers2 1 X'CN where X = H' or any other group where a formal dissociation may occur, for example, KCN or Ca(CN)r 2 Includes mono- and di- ethers of ethylene glycol, diethylene glycol and triethylene glycol R-(OCH2CH2)n-OR' where: n = 1, 2, or 3 R = alkyl or aryl groups R' = R, H, or group which, when removed, yield glycol ethers with the structure: R-(OCH2CH)n-OH. Polymers are excluded from the glycol category. 5 ------- Chemical Name CAS No. Heptachlor 76448 Hexachlorobenzene 118741 Hexachlorobutadiene 87683 Hexachlorocyclopentadiene 77474 Hexachloroethane 67721 Hexamethylene-1,6-diisocyanate 822060 Hexamethylphosphoramide 680319 Hexane 110543 Hydrazine 302012 Hydrochloric acid 7647010 Hydrogen fluoride (Hydrofluoric acid) 7664393 Hydroquinone 123319 Isophorone 78591 Lead Compounds Lindane (all isomers) 58899 Maleic anhydride 108316 Manganese Compounds Mercury Compounds Methanol 67561 Methoxychlor 72435 Methyl bromide (Bromomethane) 74839 Methyl chloride (Chloromethane) 74873 Methyl chloroform (1,1,1-Trichloroethane) 71556 Methyl ethyl ketone (2-Butanone) 78933 Methyl hydrazine 60344 Methyl iodide (Iodomethane) 74884 Methyl isobutyl ketone (Hexone) 108101 Methyl isocyanate 624839 Methyl methacrylate , 80626 Methyl tert butyl ether 1634044 Methylene bis(2-chloroaniline)(4,4) 101144 Methylene chloride (Dichloromethane) 75092 Methylene diphenyl diisocynate (MDI) 101688 Methylenedianiline(4,4') 101779 Mineral fibers' Naphthalene 91203 Nickel Compounds Nitrobenzene 98953 Nitrobiphenyl(4) 92933 Nitrophenol(4) 100027 Nitropropane(2) 79469 Nitroso-N-methylurea(N) 684935 Nitrosodimethylamine(N) 62759 Nitrosomorpholine(N) 59892 Parathion 56382 Pentachloronitrobenzene (Quintobenzene) 82688 Pentachlorophenol 87865 Phenol 108952 Chemical Name CAS No. Phenylenediamine(p) 106503 Phosgene 75445 Phosphine 7803512 Phosphorus 7723140 Phthalic anhydride 85449 Polychlorinated biphenyls (Arochlors) 1336363 Polycylic Organic Matter' Propane sultone(l,3) 1120714 Propiolactone(beta) 57578 Propionaldehyde 123386 Propoxur (Baygon) 114261 Propylene dichloride (1,2- Dichloropropane) 78875 Propylene oxide 75569 Propylenimine(l,2) (2-Methyl aziridine) 75558 Quinoline 91225 Quinone (1,4-Cyclohexadienedione) 106514 Radionuclides (including radon)1 Selenium Compounds Styrene 100425 Styrene oxide 96093 Tetrachlorodibenzo-p-dioxin(2,3,7,8) 1746016 Tetrachloroethane(l, 1,2,2) 79345 Tetrachloroethylene (Perchloroethylene) 127184 Titanium tetrachloride 7550450 Toluene 108883 Toluene diamine(2,4) (2,4-Diaminotoluene) 95807 Toluene diisocyanate(2,4) 584849 Toluidine(o) 95534 Toxaphene (Chlorinated camphene) 8001352 Trichlorobenzene(l,2,4) 120821 Trichloroethane(l,l,2) 79005 Trichloroethylene 79016 Trichlorophenol(2,4,5) 95954 Trichlorophenol(2,4,6) 88062 Triethylamine 121448 Trifluralin 1582098 Trimethylpentane(2,2,4) 540841 Vinyl acetate 108054 Vinyl bromide 593602 Vinyl chloride 75014 Vinylidene chloride (1,1-Dichloroethylene) 75354 Xylene(m) 108383 Xylene(o) 95475 Xylene(p) 106423 Xylenes (mixed) 1330207 ' Includes glass microfibers, glass wool fibers, rock wool fibers, and slag wool fibers, each characterized as "respirable" (fiber diameter less than 3.5 micrometers) and possessing an aspect ratio (fiber length divided by fiber diameter) greater than 3. 1 A type of atom which spontaneously undergoes radioactive decay. r' Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100°C. 6 ------- Hazardous Ait Pollutants (continued) Section 112(j) becomes effec- tive if EPA fails to promulgate technology-based standards on schedule. In this case, major sources must submit permit ap- plications within 18 months of the missed deadline. The permit- ting authority must then issue a permit that contains emission limits determined on a case-by- case basis to be equivalent to the standards that would have applied had they been promulgated on time. If a technology-based stan- dard is subsequently issued, the permit must be revised to reflect this standard. EPA to Issue Source Category Emission Standards The EPA will begin the two- step process of promulgating emis- sion standards for each listed category or subcategory of major sources and area sources with the development of technology-based standards. The emission standards are to be developed according to a prescribed schedule. Forty-one source categories will be regulated within 2 years after enactment (refer back to Figure 2). In estab- lishing the standards, EPA may distinguish among classes, types, and sizes of sources. The emission standards may specify a numerical emission limit; material or process changes; other modifications such as reuse or recycling; enclosure; measures to collect, capture or treat process, storage, stack or fugitive emissions; design equip- ment, work practice or operational requirements; or any combination of these. Emission standards are effective upon promulgation and must be reviewed and revised (as necessary) at least every 8 years. The second step will be an evalua- tion of the remaining risks and the development of a health- based standard, if necessary (see page 8). Technology Forms Basis for Air Toxic Standards For new sources, the emissions reduction achieved by the technolo- gy-based standards cannot be less than the emission control achieved in practice by the best controlled similar source (as determined by EPA). For existing sources, the standards may be less stringent than for new sources in the same source category, but may not be less stringent than the following levels: For categories and subcate- gories with more than 30 sources, the average emission limit achieved by the best per- forming 12 percent of the ex- isting sources (for which EPA has information). Sources that have controlled their emissions to a level considered to be the lowest achievable emission rate (LAER) within 18 months prior to proposal or 30 months prior to promulgation of an emissions standard are not included when the top 12 percent are evaluated. For categories and subcatego- ries with less than 30 sources, the average emissions limit achieved by the best performing five sources (for which EPA has or could reasonably obtain emis- sions information). For area sources, EPA may promulgate standards that reflect generally available control techno- logy or management practices. Compliance Extension Granted for Early Reductions Existing sources may be granted a 6-year extension of the typical 3-year compliance deadline for the technology-based standards if they can demonstrate an early reduction of 90 percent or more of hazardous air pollutant emissions (95 percent in the case of hazard- ous air pollutants that are par- ticulates). An existing source will be issued a permit by States with approved operating permit pro- grams that allows the source to meet an alternative emissions limit reflecting the 90 (95) percent reduction, provided the reduction was achieved prior to proposal of the technology-based standard. An existing source that achieves the reduction after pro- posal of the emissions standard, but before January 1, 1994, may also be issued a compliance exten- sion if the source makes an en- forceable commitment to achieve the reduction before the standard is proposed. The early reductions must be based on actual and verifiable em- issions in a base year no earlier than 1987. Sources that are grant- ed an extension under this provi- sion must undergo review for a health-based emission limit at the same time as other sources in the source category. The EPA is currently prepar- ing guidelines for the specific pro- cedures that sources must follow in order to be granted a compliance extension for early reductions. Emission Standards Also Address Residual Risk Within 6 years after enact- ment, EPA (after consultation with the Surgeon General and oppor- tunity for public comment) must submit a report to Congress on: methods of calculating the risks to public health that remain 7 ------- Source Category Emission Standards (continued) after the technology-based stan- dards are applied; the significance of the remain- ing risk and the available methods and costs of reducing risk; the actual health effects with respect to persons living in the vicinity of sources, available health studies, and risks from background concentrations; uncertainties in risk assessment methodology or other assess- ment techniques, and any nega- tive health or environmental consequences to the community resulting from efforts to reduce such risk; and recommendations for legislation regarding residual risk. If Congress does not act on EPA's recommendations submitted with the report on risk, EPA must promulgate health-based standards to protect public health with an ample margin of safety. Such stan- dards will be promulgated, when necessary, to protect against any residual public health and en- vironmental risks, within 8 years of promulgation of the technology- based standards. Promulgation of health-based standards would be mandatory when one or more sources in a category emitting a human carcinogen exceeds a max- imum individual risk of cancer of one in one million. Title V Permits Designed to Improve Compliance The purpose of the operating permits program under Title V of the Clean Air Act Amendments of 1990 is to ensure compliance with all applicable requirements of the Clean Air Act and to enhance EPA's ability to enforce the Act. The EPA must issue permit pro- gram regulations within 1 year after enactment that the State will use to develop their programs. The EPA will then review each State's proposed program and oversee the State's efforts to implement their program once approved. Where a State fails to implement its own program, EPA will enforce a Federal permit program. Air pollu- tion sources subject to the pro- gram's requirements must obtain an operating permit. The new program clarifies and makes more enforceable a facility's pollution control requirements. Currently, a facility's pollution con- trol obligations may be scattered throughout numerous hard-to-find provisions of Federal and State regulations, and, in many cases, the facility is not required under the applicable State Implementa- tion Plan to submit periodic com- pliance reports to EPA or the States. The new permit program will ensure that all of a facility's obligations will be contained in one permit document. Furthermore, the facility will file periodic reports identifying the extent to which it has complied with those obliga- tions. Both of these requirements will greatly enhance the ability of Federal and State agencies to evaluate their air quality situations. The new program will also provide a ready vehicle for States to assume administration, subject to Federal oversight, of significant parts of the air toxics program under Title III and the acid rain program under Title IV. Further- more, through the permit fee pro- vision, the States will have the resources to administer air pollu- tion control programs. Under the new law, EPA must issue program regulations within 1 year of enactment. Within 3 years of enactment, each State must sub- mit a permit program meeting these regulatory requirements to EPA. EPA has 1 year to accept or reject the State's program. For States that do not submit or en- force a permit program, EPA must levy sanctions. All facilities subject to the per- mit requirements must submit a complete permit application within 1 year of the effective date of the State permit program. This require- ment is also applicable to Title III sources subject to permit require- ments, even if emission standards applicable to that type of source have not yet been issued. The State permitting authority must determine whether or not to ap- prove an application within 18 months of the date it receives the application. Each permit issued to a facility will be for a fixed term of up to 5 years. The new law estab- lishes a permit fee whereby the State collects a fee from the per- mitted facility to cover reasonable direct and indirect costs of the per- mitting program. The EPA has 45 days to review each permit and to object to permits that violate the Clean Air Act. If EPA fails to object to a per- mit that violates the Act or the State's Implementation Plan, any person may petition EPA to object within 60 days following EPA's 45-day review period, and EPA must grant or deny the permit within 60 days. Judicial review of EPA's decision on a citizen's peti- tion can occur in the Federal Court of Appeals. 8 ------- Title III Expands Accident Prevention Program . board to inves The EPA's chemical accident prevention program is based on the premise that, while industry- has the primary responsibility for preventing and mitigating chemical accidents, many other groups have a role to play. Workers, trade asso- ciations, professional organizations, public interest groups, and govern- ment at all levels can help facilities identify hazards and find safer ways to operate. Many steps that owners and operators of facilities can take to improve safety can also make their businesses more effi- cient and profitable. Additional efforts to prevent chemical accidents build on work begun under the Emergency Plan- ning and Community Right-to-Know Act of 1986, also known as Title Hi of the Superfund Amendments and Reauthorization Act (SARA)- This legislation established an in- frastructure at the State and local level for chemical emergency plan- ning. As a part of this, facilities were required to supply informa- tion on chemicals present in the community, and the public and in- dustry were encouraged to meet to discuss chemical hazards. The 1990 Clean Air Act Amendments (the Act), which recognize the broad nature of existing chemical accident prevention activities, will require additional information on the way businesses manage chem- ical risks and encourage facilities to improve their safety practices. The Act makes it clear that facili- ties have the primary responsibili- ty for ensuring safe operations. A general duty clause requires owners and operators of fixed facilities to i entify hazards, to design and maintain a safe facility, and to min- imize the consequences of acciden- tal releases. The provisions for the chemical accident prevention pro- gram are summarized below. Chemical Accident Prevention Regulations and Guidance The EPA is to adopt "reason- able regulations and appropriate guidance" on chemical accident prevention. These regulations must include a risk management plan. The details of the plan will be decided as EPA develops the regulations, but the Act requires that the plans include a hazard assessment, a prevention program, and an emergency response pro- gram. EPA may develop other regulations to address the preven- tion, detection, and monitoring of accidental releases. The Act also requires EPA to develop guidance to help facilities comply with the provisions. A list of at least 100 chemicals, with reporting thresholds, will be developed within 24 months after enactment. Facilities that store more than the threshold quantity of a listed substance will be covered by the regulations. The list of chemicals will be drawn from, though not limited to, the list of extremely haz- ardous substances under SARA Title III Section 302. EPA is to publish a final list by November 1992, and final regulations on risk management plans by November 1993. Facilities will have to comply with the regulations 3 years after they are final. After that time, the Act makes it unlawful for an owner or operator to operate a facility in violation of the regulations. The risk management plans that facilities develop are to be re- gistered with EPA and States (in a manner to be determined) and will be submitted to States and local emergency planners. The plans will be available to the public. The information contained in these plans will complement the infor- mation already provided to State and local emergency planning com mittees, as well as to the public under SARA Title III. States may impose more stringent require- ments under State law. Chemical Safety and Hazard Investigation Board The Act establishes a five- member, Presidentially-appointed board to investigate chemical releases from fixed facilities that result in death, serious injury, or substantial property damage. (The National Transportation Safety Board continues to have jurisdic- tion over transportation accidents involving chemicals.) The purpose of the board is to determine the cause or probable cause of ac- cidents and to report on them to the public. The board may also conduct research and studies related to chemical accident prevention and may make recom- mendations to Federal, State, and local authorities on ways to reduce the likelihood or consequences of accidental releases. Research Provisions The accidental release section authorizes EPA to conduct research on a number of issues. For exam- ple, the bill calls for EPA to con- duct a study of potential effects of hydrofluoric acid and its uses, and make recommendations for the re- duction of its hazards. EPA is also authorized to establish a research program on hazard assessments and conduct research on non-regu- latory strategies for preventing, detecting, and monitoring acciden- tal releases. At a Federal testing facility, gases that have the great- est potential risk to human health as the result of accidental releases are to be tested to help evaluate and improve models used in plan- ning and evacuation. The Act requires the President to conduct a review of the release prevention, mitigation, and re- sponse authorities of various Federal agencies and report to Congress in 2 years. The purpose of the review is to clarify and co- ordinate responsibilities and to identify any deficiencies that may exist. Besides the provisions to be addressed by industry and EPA, the Act also requires the Occupa- tional Safety and Health Ad- ministration (OSHA) to adopt a standard covering chemical process ------- Accident Prevention (continued) safety in the workplace. A list of highly hazardous chemicals will define the scope of this standard. These chemicals may be drawn from the SARA Section 302 list of extremely hazardous substances and a number of other sources. The safety standard will include requirements for safety informa- tion on chemicals and processes, a workplace hazard assessment, periodic audits, standard operating Air Act Amendments. Many of the details about how the Act's provi- The EPA's ongoing program to reduce the number and severity of chemical accidents will be bolstered by these provisions of the Clean procedures, training, maintenance systems, pre-startup safety reviews, emergency response, and accident investigations. OSHA is to pro- mulgate these rules by November 15, 1991. Agency (OS-120), 401 M Street, S.W., Washington, D.C. 20460. paredness and Prevention Office, U.S. Environmental Protection sions will be implemented will not be known until the process of de- veloping regulations and guidance is completed. The public is encour- aged to participate in that process. For further information, contact the Chemical Emergency Pre- The NATICH Newsletter is published six times a year by the National Air Toxics Information Clearinghouse. The Newsletter is prepared by Radian Corporation under EPA Contract Number 68-D8-0065, Work Assign- ment 3-1. The EPA Project Officer is Martha Keating, EPA Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, Telephone: (919)541-5346. The Radian Project Director is Susan Buchanan, P. 0. Box 13000, Research Triangle Park, North Carolina 27709, (919)541-9100. The Newsletter is distributed free of charge. To report address changes, write Meredith Haley, Radian Cor- poration, P. O. Box 13000, Research Triangle Park, North Carolina 27709. The views expressed in the NATICH Newsletter do not necessarily reflect the views and policies of the Environmental Protection Agency. Mention of trade names or commercial products does not constitute any endorsement or recommendation for use by EPA. Printed on recycled paper ------- |