United States Office of Air Quality
Environmental Protection Planning and Standards
EPA-453/R-96-015
October 1997
Agency
Research Triangle Park NC 27711
Air
EPA Second Report to Congress
on the Status of the
Hazardous Air Pollutant Program
under the Clean Air Act
Reference: Clean Air Act of 1990
Section 112(s)
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EPA-453/R-96-015
October 1997
Second Report to Congress on the Status
of the
Hazardous Air Pollutant Program
under the
Clean Air Act
Reference: Clean Air Act of 1990
Section 112(s)
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Table of Contents
I. Executive Summary 1
II. Introduction 5
III. Status Report on Section 112 Activities 7
A. Standard Setting under Subsections (d) & (f) 7
Introduction 7
Infrastructure for Standard-Setting 7
Emission Standard Setting under Section 112(d) 11
Emission Standard-Setting under Section (f) 13
B. Compliance and Cost of Compliance of Standards set under Subsections (d) & (f) . . 18
Compliance Requirements of Subsection (d) Standards 18
Cost of Compliance for Subsection (d) Standards 18
C. Development and Implementation of the National Urban Air Toxics Program 22
Background 22
Status 22
D. Prevention and Mitigation of Accidental Releases 23
Introduction 23
Sections 112(r)(3) and 112(r)(7) 23
Section 112(r)(6) 25
Section 112(r)(10) 26
IV. Status Report on Section 129, Solid Waste Combustion, Activities 27
A. Standard Setting under Subsection (a) 27
Introduction 27
Emission Standard - Municipal Waste Combustors 27
Emission Standard - Medical Waste Incinerators 27
Emission Standard Development - Industrial and Commercial Waste Incinerators
28
Emission Standard Development - Other Solid Waste Incinerators 28
B. Operator Training and Certification Programs under Subsection (d) 28
Introduction 28
Operator Training and Certification Programs 28
Appendix A-l
Section 112(c)(l) A-3
Section 112(e)(3) A-5
Section 112(d) A-7
Section 112(I)(5) A-9
in
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Section 112(g) A-l 1
Section 112(j) A-13
Section 112(1) A-15
Section 112(r)(3) A-17
Section 112(r)(7) A-19
Section 112(r)(10) A-21
Table A-l: Categories of Sources of Hazardous Air Pollutants and Regulation
Promulgation Schedule by Industry Group A-23
IV
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Abbreviations for Section 112(d) Standards
Aerospace
Asbestos
Coke Ovens
Comm Steril
Cr Elec
Degreasers
HON
Ind Cooling Twrs
Mag Tape
Marine Tk Vess
Off-Site
P&RI
P&RII
P&RIV
Perc Dry Cl
Petro Refineries
Pr & Pub
Sec Lead
Stg I Gaso Mkt
Wood Furn
Shipbldg
Aerospace Industries
Asbestos Processing
Coke Ovens: Charging, Top Side, & Door Leaks
Commercial Sterilization Facilities
Chromium Electroplating
Halogenated Solvent Cleaners
Hazardous Organic NESHAP (Synthetic Organic Chemical
Manufacturing)
Industrial Process Cooling Towers
Magnetic Tapes (Surface Coating)
Marine Vessel Loading Operations
Off-Site Waste and Recovery Operations
Polymers & Resins Group I
Polymers & Resins Group II
Polymers & Resins Group IV
Perchlorethylene Dry Cleaning
Petroleum Refineries - Catalytic Cracking Units, Catalytic
Reforming Units, and Sulfur Plant Units
Printing/Publishing (Surface Coating)
Secondary Lead Smelting
Gasoline Distribution (Stage I)
Wood Furniture (Surface Coating)
Shipbuilding & Ship Repair (Surface Coating)
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VI
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I. Executive Summary
In 1990 as Congress reviewed the history of the air toxics program, addressed in the Clean Air
Act under section 112, it found that for two decades, efforts to lower these toxic emissions had
been stymied by argument, conflict and litigation concerning risk-based analysis and decisions
leading to few successful efforts to control exposures to these hazardous pollutants. Between
1970 and 1990 EPA set standards for only seven hazardous air pollutants.
In 1990, Congress replaced this risk-based approach with an approach predicated on the best
demonstrated technologies of all sources in a category. It was not because risk considerations
were not important that these changes were made (they are still integral elements of the 1990
amendments), but because a reliance on only risk had made rule promulgation nearly impossible.
Congress included a risk-based component which calls for assessment of risk remaining after
application of performance-based standards and remediation through a risk-based residual risk
program.
The 1990 Amendments listed 189 (now 188) air toxics which are believed to cause adverse health
or environmental effects, such as cancer, nervous system damage, miscarriages and birth defects.
The amendments established a clear method for developing performance-based standards for the
sources of those air toxics, and set a detailed ten-year schedule for action. In the debate about
"how safe is safe" Congress found a middle ground by providing the Agency with a pragmatic
recipe for applying demonstrated controls today and deferring discussion of "safe enough" until
basic controls are in place.
These standards are known as Maximum Achievable Control Technology, or MACT standards,
and Generally Available Control Technology, or GACT standards. In essence, EPA is required to
establish control requirements to assure that all major sources of air toxics achieve the level of
control already being achieved by the best performing sources in each category. Further, by
establishing performance levels, rather than mandating particular control methods, Congress
ensured that results would prevail over red tape. Congress provided a 10-year schedule in which
to promulgate these MACT standards, with certain standards being promulgated in the first 2
years, 25 per centum in the first 4 years, an additional 25 per centum promulgated not later than
the 7th year and the remaining 50 per centum not later than the 10th year.
EPA has been productive in fulfilling the 2 and 4 year MACT statutory requirement in the Clean
Air Act. In the five-plus years since 1990, approximately the temporal mid-point of the its initial
program, the MACT and GACT standard-setting effort, EPA has essentially built the necessary
infrastructure for implementing the air toxics regulations. Further EPA has promulgated
standards for all of the 47 source categories in the 2 and 4 year groups, approximately 25 per
centum of the 174 source categories listed under this program. The EPA estimates that these
major and area source regulations will reduce air toxics emissions by approximately 980,000
tons/Yr. and will achieve co-control of criteria pollutants amounting to approximately 1,810,000
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tons/Yr. that perhaps would not have been obtained through other more-conventional regulatory
programs.
This initial five-year effort is the starting point for EPA's air toxics management program. This
program will continue to achieve emission reductions through the MACT/GACT program
through proposal and promulgation of the 7- and 10-year standards, many of which are currently
in progress. Further, this program will provide for program evaluation and remediation through
the risk-based residual risk program. In addition, this air toxics management program will identify
and implement needed future actions through the several investigatory studies being conducted,
such as the urban area source studies and strategy development.
The regulatory infrastructure that EPA has built involves a number of programs, including:
- major and area source category listing and scheduling as required by sections 112(c)(l)
and (c)(3),
- general provisions, which contain the basic criteria and procedures to implement all
National Emission Standards for Hazardous Air Pollutants (NESHAPs) promulgated
under the Clean Air Act (CAA),
- an early reductions program under section 112(I)(5), which is a voluntary program that
encourages industry to reduce Hazardous Air Pollutant (HAP) emissions prior to
promulgation of a standard,
- requirements for control technology determinations for major sources in accordance with
section 112(g) and 112(j), and
- approval of state programs and delegation of federal authorities under section 112(1).
The major and area source category listing and scheduling has been completed. As additional
information is developed, source categories will be deleted or added. The early reductions
program is an ongoing program that EPA has made available to facilities. There are outstanding
issues relative to the other programs. These issues are being addressed with the stakeholders
involved.
By promulgating MACT and GACT standards in the 2 and 4 year source category groups
the EPA has completed the first two major MACT deadlines. MACT or GACT standards
have been promulgated for the 47 source categories in these two groups. The estimated total
annualized cost for complying with these standards is $672 million.
The first substantive compliance date for the MACT standards already promulgated under
the CAA of 1990 has passed for about 10 source categories. The number of source categories
reaching this date is increasing, implying additional resource requirements for standard
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implementation and enforcement activities.
For area sources in urban areas, the CAA milestone of November 15, 1995, for developing a
comprehensive strategy to control emissions of hazardous air pollutants was not met. The EPA is
actively engaged in the urban area strategy development and expects to propose the strategy in
mid-1998.
To address the requirements of section 112(r), Prevention of Accidental Releases, EPA
published a final risk management program rule on June 20,1996 (61FR31668). Along with the
final rule, EPA published guidance for development and implementation of a risk management
program and model risk management programs and plans that could be used by small and medium
businesses to comply with the requirements. EPA is also publishing implementation guidance for
States. EPA has, in addition, established an Accident Prevention Subcommittee under its Clean
Air Act Advisory Committee to focus on 112(r) issues such as electronic submission of Risk
Management Plans and establishment of a national electronic repository of these plans. EPA has
established a joint chemical accident investigation program with OSHA, focusing on the root
causes of major accidents and reporting to the public and all stakeholders their findings and
recommendations. EPA has published two investigation reports with several more near
completion, and has published five alerts based on information learned during ongoing
investigations. EPA and OSHA have published a status report on the program.
The 1990 Clean Air Act Amendments singled out solid waste combustion for special
attention. Congress recognized a high level of public concern about the incineration of municipal,
medical, and other solid wastes. Consequently, Section 129 of the Act directs EPA to establish
(under Section 111) new source performance standards (NSPS) for new solid waste combustion
units and to establish (under Section 11 l(d)) emission guidelines for existing units. The NSPS
and emission guidelines must specify numerical emission limitations for the following pollutants:
particulate matter, opacity, sulfur dioxide, hydrogen chloride, nitrogen oxides, carbon monoxide,
lead, cadmium, mercury, and dioxins/furans. The four categories of solid waste combustion units
specified under section 129 are those combusting municipal solid waste, medical solid waste,
industrial and commercial solid waste, and all other solid wastes.
On December 19, 1995, EPA promulgated standards and guidelines for municipal waste
combustors (MWC). The standards and guidelines were amended in 1997 to apply to MWC units
larger than 250 tons per day combustion capacity. On February 27, 1995, EPA proposed
standards and guidelines for medical waste incinerators (MWI). The standards and guidelines for
MWI were re-proposed on June 20, 1996. EPA promulgated the final MWI standards on
September 15, 1997. On December 28, 1994, EPA published an advance notice of proposed rule
making (ANPRM) concerning industrial and commercial waste incinerators and other solid waste
incinerators.
In summary, these first five-plus years' efforts by EPA represent an initial commitment to an air
toxics management program which is beginning to achieve emission reductions and which has set
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the stage for program evaluation and residual risk assessment. The strategy for the air toxics
program includes a scientific investigative program to identify and devise creative approaches to
resolve current and future air toxics environmental problems, which will help to better define the
goals of the air toxics program from both a near-term and longer-term standpoint.
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II. Introduction
This status report is in response to the requirements of section 112(s) of the CAA of 1990, in
which Congress has requested the Administrator to "prepare and transmit to the Congress a
comprehensive report on the measures taken by the Agency and by the States to implement the
provisions of this section." "The report shall include, but not be limited to -
(1) a status report on standard-setting under subsections(d) and (f);
(2) information with respect to compliance with such standards including the costs of
compliance experienced by sources in various categories and subcategories;
(3) development and implementation of the national urban air toxics program; and
(4) recommendations of the Chemical Safety and Hazard Investigation Board with respect
to the prevention and mitigation of accidental releases."
This report is the second section 112(s) Report to Congress. It is formatted differently from the
first section 112(s) Report to Congress, EPA/453/R-93-024, dated August 1993. The first report
documented individual standards, studies, and a number of programs called for under section 112.
The current report addresses, in Section III, the four topics specifically requested by the 1990
CAA, including the infrastructure needed to carry out these programs. Additionally, the report
discusses in Section IV, achievements made in the regulation of Solid Waste Combustion under
Section 129.
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III. Status Report on Section 112 Activities
This part of the report is a discussion of status of Section 112 activities. It is divided into four
subparts each of which addresses one of the specific requests of Section 112(s).
A. Standard Setting under Subsections (d) & (f)
Introduction
This section of the status report on standard setting under subsections (d) and (f) includes the
status of several actions to create an infrastructure on which the maximum achievable control
technology (MACT) and generally available control technology (GACT) standard setting can be
built. These infrastructure actions include notices that have been published in the Federal Register
and some proposed or promulgated rules that are essential to the proper interpretation,
application, and implementation of subsections (d) and (f).
This section also includes a summary of the MACT/GACT standards that have been promulgated
from 1990 through July 1996, the specific HAPs regulated, and the projected impact of these
standards on emissions of HAPs and criteria pollutants, principally particulate matter and volatile
organic compounds (VOCs), the emissions of which will be reduced through co-control as a
direct result of the MACT standards.
As of July 1996 EPA has promulgated standards for all of the standards scheduled for the first 4
years, 47 source categories in all. Emission reductions from these 47 source categories should
reduce HAP emissions by approximately 983,000 tons per year and criteria pollutants or their
precursors, some of which are HAP emissions, by approximately 1.8 million tons per year. In
addition EPA is making significant progress toward proposing and promulgating standards in the
7 and 10 year categories.
Infrastructure for Standard-Setting
In the months after the passage of the CAA of 1990, EPA undertook an extensive effort to build
an infrastructure within which the MACT/GACT standards could be developed and implemented.
This infrastructure took the form of notices and rules that include an initial listing of major and
area source categories, a schedule for promulgation of emission standards, general provisions
rules that specify regulations that are common to the air toxics emission regulations, and rules that
deal with topics such as early reductions, modifications, state programs, and equivalent emission
limit by permit.
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As of the current time there continue to be issues concerning some of these rules, principally state
programs (Section 112(1)). These issues are being actively addressed with the stakeholders. The
status of the most significant notices and rules is summarized below. Additional details about
each notice or rule are provided in the Appendix of this report.
Source Category Listing under Section 112(c)(l) - The Section 112(c)(l) list of source
categories was published in the Federal Register on July 16, 1992 (57FR31576). The "list", along
with the Section 112(e) schedule for standards, establishes a blueprint for the Agency to regulate
stationary sources of air toxics through the year 2000. The list, in and of itself, is not a regulation
and has no requirements to achieve emission limitations.
Section 112 defines "major source" as any facility having the potential to emit at least 10
tons per year of one HAP or 25 tons per year of two or more HAPs. An "area source" is any
facility which does not qualify as a major source.
Section 112(c)(l)requires the Administrator to list all categories and subcategories of
major and area sources which emit one or more of the HAPs listed in Section 112(b). Section
112(c)(3) also requires the Administrator to list each category or subcategory of area sources
which "the Administrator finds presents a threat of adverse effects to human health or the
environment... warranting regulation" under this section. This finding consists of a quantitative
and/or qualitative assessment of the emissions, sources, environmental and health risks, and cost
of control associated with the category. The initial list contained 174 categories, of which 166
were major and 8 were area. Major source categories are subject to MACT emission standards,
whereas listed area source categories are subject to either GACT or MACT standards.
Section 112(c)(l) requires the Agency to periodically amend the list in response to public
comment or new information, and no less often than every eight years. Section 112(c)(5)
provides that new source categories and subcategories may be added at any time according to the
same criteria for listing applicable under sections 112(c)(l) or 112(c)(3). Section 112 also
permits removal of any of these categories from the list if a showing is made that no source in the
category poses a significant cancer risk nor exceeds levels adequate to protect public health or the
environment, or upon a determination that there are no longer major sources in a listed major
source category. Several changes have been made to the list since the July 1992 publication such
that the current list contains 175 categories. The most recent list has been published in a Federal
Register notice (61FR28197, dated June 4, 1996, & 61FR37542, dated July 18, 1996). Table A-l
in Appendix contains a list of the current 175 source categories.
Schedule for Standards for Sources Listed Pursuant to Section 112(c)(l) - The
Section 112(e) schedule for standards promulgation was published on December 3, 1993
(58FR63941). The "schedule" establishes a timetable for issuing emission standards for the
initially listed source categories. The schedule is organized such that the categories are grouped
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into four separate time frames having promulgation deadlines of 2, 4, 7 and 10 years following
enactment of the Clean Air Act Amendments of 1990. In determining priorities for establishing
these deadlines, the EPA has considered three criteria: (1) adverse effects of HAPs on public
health and the environment, (2) quantity and location of emissions of HAPs, and (3) efficiency of
grouping categories according to pollutants emitted, or the processes or technologies used. The
third criterion allowed the Agency to optimize regulatory efficiency by considering similarities
among source categories, including emission characteristics and control technologies. Other
considerations for scheduling than the three criteria cited above included the time and resources
required for development of emissions standards and the amount of available information about a
source category at the time the 1990 Amendments were passed(58FR63941).
Since the December 1993 publication, the schedule has remained relatively unchanged
apart from the associated effects of making changes to the source category list. In the case of
adding a new source category to the list (subsequent to the initial listing), Section 112 requires
that it be scheduled for regulation by November 15, 2000, or 2 years after the listing action,
whichever is later.
General Provisions - The final general provisions were published in the Federal Register
on March 16, 1994 (59FR12408). The general provisions contain the basic criteria and
procedures to implement all NESHAPs promulgated under the Act as amended November 15,
1990. The provisions include administrative procedures and general requirements, for owners and
operators of sources, related to compliance activities. Among other requirements, the general
provisions establish basic time frames for compliance, record keeping and reporting, and general
technical requirements for monitoring and testing.
Owners or operators who are subject to a subpart promulgated for a specific source category
under sections 112(d), 112(f), or 112(h) of the Act are also subject to the requirements of the
General Provisions.
Currently this part of the regulatory infrastructure is under litigation. On May 16, 1994, six
litigants filed petitions for review of the General Provisions. Arguments for the litigation were
heard on April 20, 1995. The U.S. Court of Appeals for the D.C. District issued a decision on
July 21, 1995, that upheld EPA's position on two issues challenged by the petitioners: (1) EPA's
requirement that all hazardous air pollutants be aggregated within a plant site, instead of only
those emissions from equipment in similar industrial source categories; and (2) EPA's requirement
that "fugitive emissions" be included in a source's aggregate emissions to determine whether the
source is major. However, the court granted a petition for review with respect to the challenge
raised on EPA's requirement that emissions control and limitation on a source's potential to emit
must be federally enforceable. EPA is currently working towards a resolution on this issue. In
addition, the agency and the litigants have agreed to work out differences on numerous other
issues. Upon a resolution of these outstanding issues the general provisions will be revised to
reflect the outcome. A proposed rule-making for the general provisions that deals with these
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changes is anticipated in late-1997.
Early Reductions - Section 112(I)(5) provides for a compliance extension from the
provisions of Section 112(d) requirements under specified conditions. On December 29,1992
(57FR61970), EPA promulgated 40 CFR 63, Subpart D to implement this part of the Clean Air
Act. This regulation implements Section 112(I)(5) by establishing a voluntary program under
Section 112 which allows sources to establish alternative emission limitations in their Title V
permit if reductions are achieved prior to proposal of an otherwise applicable section 112(d)
standard.
The early reductions program is an ongoing program that EPA has made available to
facilities. Full implementation of this program has shifted to EPA's Regional offices. About
twenty-seven permit applications have been received, representing HAP reductions of over 6,800
tons per year. About six permits have been issued to date; however, there is still opportunity for
permits to be issued before standards are proposed.
Requirements for Control Technology Determinations for Major Sources in
Accordance with Section 112(g) and 112(j) - On May 20, 1994, EPA promulgated regulations
(59FR26429) that implement Section 112(j) provisions, "Equivalent Emission Limitations by
Permit", also known as the "hammer provisions" or "Case-by-Case MACT". Under these
provisions, if EPA fails to promulgate a MACT standard for a source category, then each major
source in that source category must apply for a case-by-case MACT determination 18 months
after the deadline listed in the source category schedule. This is, in effect, a backstop measure to
ensure that major sources comply with an equivalent MACT standard.
On May 10, 1996, EPA promulgated an amendment (61FR21370) to this rule that delays the
section 112(j) permit application deadline for all 4-year source categories listed in the regulatory
schedule by 180 days until November 15, 1996. This action was needed to alleviate unnecessary
paperwork for both major source owners or operators and permitting agencies.
The section 112(j) final rule is under litigation and proposed changes are likely to appear in the
Federal Register by the end of 1997.
On April 1, 1994, EPA proposed guidance (59FR15504) for MACT determinations for modified
sources under Section 112(g). EPA delayed issuing the final 112(g)regulations to work out a
number of complex issues, including defining construction and reconstruction of major sources,
and developing the best way to integrate the program with existing state programs.
EPA's final rule was promulgated on December 27, 1996 (61FR68384). Simpler and narrower in
scope than the April 1994 proposal, the final 112(g) rule requires MACT controls only for new
facilities that are major sources of toxic air pollutants, and for new or reconstructed major-
10
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emitting production units at existing facilities. This transitional program, in which states
determine MACT requirements on a case-by-case basis, applies only to sources for which national
MACT standards have not yet been issued by EPA.
Approval of State Programs and Delegation of Federal Authorities under Section
112(1) - The requirements of Section 112(1), State Programs, have been implemented through a
formal rule making (58FR62262, dated November 26, 1993). The rule includes a broad range of
input from State and local agencies and from industry and environmental groups through the
Clean Air Act Advisory Committee. Guidance was established under 40 CFR Part 63 Subpart E
that allows State and local agencies to, on a voluntary basis, receive approval for delegation of
authority to implement and enforce air toxics standards established by EPA under Section 112 or
State rules and programs that differ from, but are equivalent to, Federal air toxics standards under
Section 112.
The benefits are that the rule will allow States to maintain existing rules/programs while
ensuring attainment of the health and environmental goals of the Federal rules. It can eliminate
dual regulation wherever State rules or programs are at least as stringent as Federal rules. This
will reduce regulatory agency and industry costs and time involved in permitting and enforcement.
It also provides State and local agencies the opportunity to preserve and build upon existing State
programs.
This rule has been revised (61FR36295, dated July 10, 1996) in response to a request
from State and local agencies to revisit specific portions of the subpart E rule. The amendments
have been made to clarify regulatory text, reduce administrative burden and provide more
flexibility to States using this rulemaking. Additional rule revisions are anticipated.
Emission Standard Setting under Section 112(d)
The 1990 CAA greatly expanded the number of industries that will be affected by national air
toxic emission controls; the emission reductions from these controls are just beginning to be
realized for some industries. Large industrial complexes (major sources) such as chemical plants,
oil refineries, marine tank vessel loading, aerospace manufacturers, steel mills, and a number of
surface coating operations are some of the industries being controlled for toxic air pollution.
Where warranted, smaller sources (area sources) of toxic air pollution such as dry cleaning
operations, solvent cleaning, commercial sterilizers, secondary lead smelters, and chromium
electroplating are also affected. Within the next 10 years, the air toxic program is estimated to
reduce emissions of toxic air pollutants by well over 1.5 million tons per year.
Regulation of air toxic emissions through the Section 112(d) process, called MACT regulations, is
beginning to achieve significant emission reductions of hazardous air pollutants. In addition, there
will be significant co-control of criteria pollutants. As Figure III-l shows, as of July, 1996,
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50
to
CD
'i_
8) 40
"co
O
o
6
~z.
CD
E
D
O
30 -
20 -
10 -
0
Cumulative No. of MACT Source Categories
PromJgated MACT Standards (All 2 aid 4 Yr Standards)
Major
Area
Sep-93 Oct-93 Feb-94 Jul-94 Nov-94 Feb-95 May-95 Jul-95 Nov-95 May-96 Jul-96
Date MACT Std. PromJgaited
Figire 111-11
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forty-seven source categories have been subjected to standards under Section 112. With some
exceptions, sources must comply with the MACT regulations within 3 years of the effective date
of the regulation. Figure III-2 shows that the estimated emission reductions from these 47 source
categories to be 983,000 tons/Yr.. of HAPs and about 1,810,000 tons/Yr.. of the criteria
pollutant, particulate matter, and VOCs, an ozone precursor.
One source category (asbestos processing area source category) has been delisted (60FR61550,
dated November 30, 1995). The asbestos processing area source category was delisted because
the Agency believes that no source in the category emits asbestos in quantities that pose an
individual risk greater than one in one million and that a previous determination that asbestos
emissions from these plants pose a threat of adverse health effects is no longer supportable.
The MACT standards that will produce the emission reductions from the 47 source categories
mentioned above are shown in Figures III-3 and III-4. Figure III-3 shows emission reductions
projected for the ten 2- and 4- year MACT standards that are each estimated to reduce emissions
by more than 5000 tons per year.
The ten MACT standards shown in Figure III-3 will produce the bulk of the emission reductions,
the emission reductions ranging from 7,000 to 506,000 tons per year. The ten MACT standards
shown in Figure III-4 are each estimated to reduce emissions by less than 5,000 tons per year of
hazardous air pollutants such as chromium, lead, arsenic, coke oven emissions, 1,3-butadiene,
ethylene oxide, and benzene each of which may have significant health impacts depending on
exposure to them. Not shown in these two figures are emission reductions of dioxins, furans,
mercury, cadmium, and lead from the section 129 regulation on municipal waste combustors.
The specific pollutants whose emissions will be reduced are shown in more detail in Figure III-5.
Figure III-5 indicates that each standard controls one or more HAPs as shown in the columns that
contain an "x". Some of these HAPs are of particular interest to the special studies discussed in
the next section.
Emission Standard-Setting under Section (f)
Section 112(f) requires EPA to investigate and report to Congress on four topics concerning the
risk to public health remaining, or likely to remain, from sources subject to regulation under this
section after the application of standards under subsection (d). This report to Congress was due
on November 15, 1996. In accordance with Section 112(f)(l)(D) this report is to contain
recommendations as to legislation regarding such remaining risk.
Section 112(f)(2)(A) requires that, "if Congress does not act on any recommendation submitted
under paragraph (1), the Administrator shall, within 8 years after promulgation of standards for
each category or subcategory of sources pursuant to subsection (d), promulgate standards for
such category or subcategory ..." .
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Cumulative Emission Reductions
PromJgated MACT Standards (All 2 and 4 Yr Standards)
2000
1993 1994 1995
Year MACT Std PromJgated
Figure III-21|
Criteria Pollutants
1996
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CO
c
CO
c
.0
"G
T3
CU
CO
CO
E
LJJ
CO
T3
c
cc
CO
Emission Reductions, >5000 tons/yr
Promulgated M ACT Standards (2 & 4 Yr Standards)
600
400 -
200 -
0
HON Degreasers Off-Site WoodFurn Pr & Pub
Aerospace Petro Refin PercDryCI P & R IV P&RI
M ACT Standard
Figure 111-3 ||
^——^I si
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Emission Reductions, <5000 tons/yr
Promulgated MACT Standards (2 and 4 Yr Standards)
M arineTk Ves Mag Tape Sec Lead Shipbldg P&RII
Stg I Gaso Mkt Coke Ovens CommSteril Cr Elec. Ind Cooling Tw
MACT Standard
Figure 111-4
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Figure III-5
Major Pollutants Controlled by Promulgated MACT Standards (All 2 and 4 Years Standards)
Dioxin, Chromium Metals
Benzene Hexane Epichloro- 1,3-Butadiene Ethylene Oxide MEK Ethylene Glycol Methanol Acrylonitrile HCI Dioxane
MIBK Glycol Ethers Formaldehyde
Cd, As) Emiss,
Chloroprene
&Compounds POM Carbon Tet. Ethyl-Benzene
Naphthalene Chloroform Styrene
Methylene Chloride
Methyl Chloride
'ere DryCleaning
Many HAPs are controlled.
Ind Cooling Twrs
:omm Sterilizers
:hromium Elec.
Magnetic Tape
StagelGasoMkt
Degreasers
'etro Refineries
Aerospace
MarineTankVess
A/ood Furniture
Asbestos (Delist)
Shipbuilding
Off-Site Waste
'rinting&Pub
'oly& Resins IV
"oly & Resins I
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Because the report to Congress required by Section 112(f)(l) is in progress and because Congress
must have an opportunity to act or not act on any recommendation of the report, there have been
no emission standards set under subsection (f).
B. Compliance and Cost of Compliance of Standards set under Subsections (d) & (f)
Compliance Requirements of Subsection (d) Standards
The provisions relating to the Schedule for Compliance in Section 112(1) are somewhat complex
and address a number of different situations, including the early reductions program, special coke
oven provisions, and provisions relating to new and existing sources. In general, sources for
which a MACT standard has been promulgated must be in compliance by the date specified in the
respective standard. Generally this compliance period may be as long as 3 years after the standard
was promulgated.
Table III-l shows the promulgation dates and, for existing sources, the first substantive
compliance date for the MACT standards currently in place. Figure III-6 shows that the first
substantive compliance date has already begun to occur for several MACT standards, indicating
that sources will need to come into compliance in the near future, with the concurrent increasing
importance of compliance and enforcement management on the part of federal, state, and local
agencies.
Cost of Compliance for Subsection (d) Standards
EPA estimates that the annualized cost of compliance with the MACT standards for the 47 source
categories for the 2 and 4 year MACT standards is about $670 million per year. The promulgated
MACT standards for which EPA estimates an annualized cost of more than $10 million per year
each are shown in Figure III-7. The most significant of these rules in terms of total annualized
cost of compliance as well as total emission reductions is the Synthetic Organic Chemical
Manufacturing MACT standard (also called the Hazardous Organic NESHAP, or HON),
estimated to have annualized costs of about $230 million per year. The Coke Ovens, Marine
Tank Vessel Loading, and Petroleum Refinery standards were estimated to have annualized costs
in the $80 million per year range.
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Table III-l: First Substantive Compliance Date - Promulgated MACT
Standards (All 2 & 4 Yr. Stds.)
MACT Standard
Dry Cleaners
Coke Ovens
HON
Ind. Cooling Towers
Degreasers
Comm. Sterilizers
Stage I Gasoline
Magnetic Tape
Chromium Electroplating
Polymer & Resins II
Secondary Lead
Petro. Refineries
Aerospace
Marine Tank Vessels
Wood Furniture
Shipbuilding
Off-Site Waste
Printing & Publishing
Polymer & Resins IV
Polymer & Resins I
Effective Date
of
MACT Standard
Sep 22, 1993
Oct27, 1993
Apr 22, 1994
Sep 8, 1994
Dec 2, 1994
Dec 6, 1994
Dec 14, 1994
Dec 15, 1994
Jan 25, 1995
Mar 8, 1995
Jun23, 1995
Aug 18, 1995
Sep 1, 1995
Sep 19, 1995
Dec 7, 1995
Dec 15, 1995
Jul 1, 1996
May 30, 1996
Sep 12, 1996
Sep 5, 1996
Existing Sources: First
Substantive Compliance
Date
Dec 20, 1993
Nov 15, 1993
Oct24, 1994
Mar 8, 1996
Dec 2, 1997
Dec 6, 1997
Dec 15, 1997
Dec 15, 1996
Jan 25, 1996
Mar 8, 1998
Jun23, 1997
Aug 18, 1998
Sep 1, 1998
Sep 19, 1999
Nov 21, 1997
Dec 15, 1997
Jul 1, 1999
May 30, 1999
Sep 12, 1999
Sep 5, 1999
19
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50
HJ 40
cc
O
o
d
E
^
O
30 -
CD
•J 20
cc
10 -
First Substantive Compliance Date
Cumulative No. of Promulgated M ACT Src. Cat. (All 2 and 4 Year Standards)
Nov-93 Oct-94 Mar-96 Jan-97 Nov-97 Mar-98 Sep-98 Jul-99
Dec-93 Jan-96 Dec-96 Jun-97 Dec-97 Aug-98 M ay-99 Sep-99
First Substantive Compliance Date
20
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03
AimualizBd Cost of Compliance
RonrUgated M^T Standards (2 &4 Yr) costing > $10 mllion/Yr.
HON Marine TkVess CrElec Pr&Pub Off-Site Stg I Gaso Mkt
Coke Ovens PetroRef Aerosp P&RI WbodFum I nd Cooling Twr
M^ Standard
21
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C. Development and Implementation of the National Urban Air Toxics Program
Background
Sections 112(c)(3) and 112(k) of the CAA of 1990 require the Administrator, not later than
November 15, 1995, to
1 - conduct a program of research with respect to sources of hazardous air pollutants in
urban areas and report the preliminary results of such research not later than November
15, 1993,
2 - prepare and transmit to the Congress a comprehensive strategy to control emissions of
hazardous air pollutants from area sources in urban areas, and
3 - encourage and support area wide strategies developed by State or local air pollution
control agencies that are intended to reduce risks from emissions by area sources within a
particular urban area.
The strategy to control emissions of hazardous air pollutants from area sources in urban areas
shall identify not less than 30 hazardous air pollutants which, as the result of emissions from area
sources, present the greatest threat to public health in the largest number of urban areas. The
Administrator shall assure that sources accounting for 90 per centum or more of the aggregate
emissions of each of the 30 identified hazardous air pollutants are subject to standards pursuant to
subsection 112(d).
In addition the strategy shall achieve a reduction in the incidence of cancer attributable to
exposure to hazardous air pollutants emitted by stationary sources of not less than 75 per centum.
As a matter of general principle, the EPA has adopted an interim strategy of considering major
and area source emissions that contribute to the urban air toxics problem as a part of the process
of developing MACT standards under Section 112(d). The EPA has listed, through its section
112(c)(l) source category listing process, eight area source categories. These source categories
relate to perchlorethylene dry cleaning (2 area source categories), ethylene oxide commercial
sterilization facilities (1 area source category), chromium electroplating facilities (3 area source
categories), secondary lead (1 area source category) and halogenated solvent cleaners (1 area
source category). Many of the facilities comprising these source categories are in urban areas.
MACT or GACT regulations have been promulgated for all eight source categories, resulting in
improved air quality in many urban areas. (Please see also section III-A of this report, Status
Report on Standard Setting under Subsections (d)and (f)).
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In addition to these regulations, EPA has promulgated MACT regulations on 39 major source
categories. Emissions from some of these major source categories that are near but not in urban
areas may reduce exposure and risk in urban areas through short range transport.
As required under section 112(k)(2) a report on health effects from HAPs in urban areas was
completed: EPA 's Urban Area Source Research Program - A Status Report on Preliminary
Research, EPA/600/R-95/027, March 1995. The findings of this status report are (1) there is a
great deal of data on emissions, exposures and health effects on a few HAPs, but little or none on
many others, (2) as a consequence of these data limitations, risk estimates in urban environments
will be very uncertain, (3) research to overcome or address these data limitations will likely be
both expensive and time-consuming, and (4) data for several chemicals, however, appear
sufficient to assess risks and to develop control strategies as warranted. The report indicates that
it is not currently possible to identify the 30 or more "worst" HAPs; rather, the report identifies
those HAPs with sufficient data to begin a risk assessment of either the cancer or non-cancer
effects due to exposure to that chemical.
The November 15, 1995 milestone for developing a comprehensive strategy to control emissions
of hazardous air pollutants from area sources in urban areas has not been met. On October 9,
1996, in accord with section 113(g) of the Clean Air Act, EPA published a notice of a proposed
partial consent decree (61FR52941), which was lodged with the United States District Court for
the District of Columbia by EPA on September 27, 1996 to address two lawsuits filed by the
Sierra Club. The EPA is actively engaged in the urban strategy development, including
developing an approach for identifying the 30 or more "worst" HAPs, and expects to propose the
strategy in mid-1998.
D. Prevention and Mitigation of Accidental Releases
Introduction
In amending Section 112 with the Clean Air Act Amendments of 1990, Congress added
subsection r. The objective of subsection r, Prevention of Accidental Releases, is to prevent the
accidental release and to minimize the consequences of any such release of specific toxic
substances listed pursuant to paragraph (3) or any other extremely hazardous substance. The
intent of subsection r is to prevent accidental releases of specific toxic compounds to the air and
mitigate the consequences of such releases by focusing prevention measures on chemicals that
pose the greatest risk to the public and to the environment.
Sections 112(r)(3) and 112(r)(7)
Section 112(r)(3) mandates that EPA promulgate a list of regulated substances, with threshold
quantities. This list defines the stationary sources that will be subject to accident prevention
regulations mandated by section 112(r)(7). EPA promulgated its list of substances on January 31,
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1994 (59FR4478). On April 15, 1996, EPA proposed amendments to these provisions
(61FR16598), concerning removing Division 1.1 explosives from the list and other issues. Final
action on these amendments is anticipated by December 1997. On May 22, 1997, EPA proposed
additional amendments to the final rule to modify the listing of hydrochloric acid solutions; on
August 25, 1997, EPA finalized the amendments to modify the listing of hydrochloric acid
solutions to remove hydrochloric acid solutions with concentrations of less than 37% (it had been
30%) hydrogen chloride. Hydrochloric acid solutions with concentrations of 37% or greater
remain on the list.
Section 112(r)(7) mandates that EPA promulgate regulations and develop guidance to prevent
accidental releases. Stationary sources covered by these regulations must develop and implement
a risk management program that includes a hazard assessment, a prevention program, and an
emergency response program. The risk management program must be summarized in a risk
management plan (RMP) that must be registered with EPA and submitted to State and local
authorities. The RMP will be available to the public.
On October 20, 1993, EPA published a Notice of Proposed Rule making (NPRM) for the section
112(r)(7) regulations (58FR54190). Following the publication of the proposed rule, EPA held
four public hearings and received approximately 770 written comments. As a result of these
comments, EPA issued a supplemental notice of proposed rule making (SNPRM) on March 13,
1995 (60FR13526). The SNPRM sought comments on six specific issues: tiering (setting
different requirements for sources that pose different levels of hazard); worst-case releases and
other hazard assessment issues; accident information reporting; public participation; inherently
safer approaches; and implementation and integration of section 112(r) with State programs,
particularly State air permitting programs. EPA held a public hearing on March 31, 1995, in
Washington, DC, and received more than 280 written comments.
On June 20, 1996, EPA published the final risk management program rule (61FR31668). Along
with the final rule, EPA published an RMP Offsite Consequence Analysis Guidance to assist all
businesses, especially small and medium sized enterprises, with the hazard assessment portion of
the risk management program rule (61FR31733). In addition, EPA published a Model Risk
Management Program and Plan for Ammonia Refrigeration Systems. This model program and
plan provides specific guidance to help owners and operators of ammonia refrigeration processes
comply with the risk management program and plan requirements. Additional industry-specific
model programs and plans, as well as general compliance guidance and implementation guidance
for States, are planned for publication in FY98.
In September 1996, EPA established an Accident Prevention Subcommittee to the Agency Clean
Air Act Advisory Committee. The Subcommittee is a 12-member advisory group specifically
focussed on CAA Section 112(r) issues. In turn, the Accident Prevention Subcommittee created
the Electronic Submission Workgroup to make recommendations to EPA on how RMPs should
be submitted, and how RMPs should be made available to all stakeholders. In June, the
Electronic Submission Workgroup completed its work with a Final Recommendation Report.
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The report recommends that RMPs be submitted electronically (using a PC-based software
program, named RMP*Submit™) and will be made electronically available to States and local
communities, and to all members of the public (using an Internet-based system named
RMP*Info™). Small businesses without access to computers can get an "electronic waiver" to
submit their RMP in paper. The Accident Prevention Subcommittee has also established an RMP
Implementation Workgroup to provide stakeholder advice on a variety of topics (e.g.,
implementation guidance for States, Local Emergency Planning Committees (LEPCs) and
industry; training; audit protocol; outreach; emergency planning; and model RMP guidances).
Section 112(r)r6). Chemical Safety and Hazard Investigation Board
The President's FY 92-95 budgets requested funding for the Board. President Clinton nominated
or indicated an intent to nominate five individuals. The Congress, in the 1995 budget process,
reduced the funding for the Board to a level ($500,000) which made it impossible to create an
independent agency. During this time frame, the President determined that in light of this
opposition and in the interests of streamlining and reinventing government, the administration
would not request FY 96 funding for the Board.
The Occupational Safety and Health Administration (OSHA) and EPA have current authorities to
investigate accidents. Funding for EPA and OSHA in FY 96 and 97 ensured that significant
accidents are fully and appropriately investigated.
The OSHA and EPA have developed a Memoranda of Understanding (MOU), signed in
December 1996, to conduct joint investigations of chemical accidents and to issue public reports,
with their conclusions concerning the root causes of the accidents and recommendations for
preventing similar accidents. The MOU establishes policy and general procedures for cooperation
and coordination between the two agencies, in order to ensure the most effective possible
investigation of major chemical accidents, and to limit duplication of effort. Specific procedures
for chemical accident investigation will be detailed in a joint Accident Investigation Protocol
which is currently under development.
The program has undertaken several investigations, with two reports published and several more
near completion. Both agencies have disseminated special alerts or hazard information bulletins
promptly, with information learned during investigations, to notify industry, State and local
governments, emergency responders, and others of potential hazards and preventive actions.
EPA and OSHA have issued a report concerning the activities of this joint accident investigation
program.
The Congress, in the 1998 budget process, provided funding for the Board and the President has
signed the bill approving the appropriation.
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Section 112(r)(10). Presidential Review
This paragraph requires the President to conduct a review of various federal agency authorities
for release prevention, mitigation and response; clarification and coordination of federal agency
responsibilities to ensure effective and efficient implementation; identification of deficiencies in
authority of resources; and recommendations for changes.
Responsibility for undertaking this review was delegated by the President to EPA. The EPA
Chemical Emergency Preparedness and Prevention Office (CEPPO), in coordination with the
other (then) fourteen member agencies of the National Response Team (NRT), conducted the
review and prepared a report entitled "A Review of Federal Authorities for Hazardous Materials
Accident Safety - Report to Congress under Section 112(r)(10)" in December, 1993.
The Review noted the need for improved coordination among all levels of government in
contingency planning and among federal agencies for the development of prevention programs
and regulations. As a result, the Executive Branch, through the NRT, has instituted a Prevention
Committee and begun improving its coordination efforts with State and local governments for
contingency planning. As a result of this effort, the NRT developed the Integrated Contingency
Plan (ICP) Guidance. This guidance (also known as the "one-plan" guidance) provides a way to
consolidate multiple plans, which a facility may have prepared to comply with various regulations,
into one functional emergency response plan. Five agencies (EPA, Coast Guard, OSHA, DOT
and the Minerals Management Service) signed the one-plan guidance. The NRT and the agencies
responsible for reviewing and approving federal response plans to which the ICP option applies
agree that integrated response plans prepared in the format provided in this guidance will be
acceptable and be the federally preferred method of response planning.
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IV. Status Report on Section 129, Solid Waste Combustion, Activities
This part of the report is a discussion of status of section 129 activities. It is divided into 2
subparts each of which addresses one of the specific requests of section 129.
A. Standard Setting under Subsection (a)
Introduction
The 1990 Clean Air Act Amendments singled out solid waste combustion for special attention.
Congress recognized a high level of public concern about the incineration of municipal, medical,
and other solid wastes. Consequently, Section 129 of the Act directs EPA to establish (under
Section 111) new source performance standards (NSPS) for new solid waste combustion units
and to establish (under Section 11 l(d)) emission guidelines for existing units. The NSPS and
emission guidelines must specify numerical emission limitations for the following pollutants:
particulate matter, opacity, sulfur dioxide, hydrogen chloride, nitrogen oxides, carbon monoxide,
lead, cadmium, mercury, and dioxins/furans. The four categories of solid waste combustion units
specified under section 129 are those combusting municipal solid waste, medical solid waste,
industrial and commercial solid waste, and all other solid wastes.
Emission Standard - Municipal Waste Combustors
On December 19, 1995 (60FR65387), EPA promulgated standards and guidelines for municipal
waste combustors (MWC). The standards and guidelines were amended in 1997 to apply to
MWC units larger than 250 tons per day combustion capacity. The standards apply to new MWC
units which commenced construction after September 20, 1994. The guidelines apply to existing
MWC units constructed prior to September 20, 1994. The standards and guidelines are based on
MACT.
There are an estimated 164 operating MWC units subject to the MWC regulations in the United
States, providing a total U.S. municipal waste combustion capacity of about 95,000 tons per day.
Approximately 16 percent of municipal waste generated in the U.S. is combusted. Under the
promulgated standards and guidelines, nationwide emission reductions are estimated to be about
45,000 tons/year of HAPs and about 55,000 tons/year of criteria pollutants over current
conditions. This represents greater than 99 percent control of dioxin emissions, a pollutant of
concern.
Emission Standard - Medical Waste Incinerators
On February 27, 1995, EPA proposed standards and emission guidelines for medical waste
incinerators (MWI). The standards and guidelines were re-proposed on June 20, 1996. EPA
27
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promulgated the final MWI standards on September 15, 1997. The standards apply to units
which commence construction after June 20, 1996. The guidelines apply to MWI's constructed
prior to June 20, 1996. These standards and guidelines are based on MACT.
There are an estimated 2,400 operating MWI units in the United States and 10 to 70 new MWI
units projected to be installed over the next 5 years. Under the final standards and guidelines,
nationwide emission reductions are estimated to be about 5,600 tons/year of HAPs and about
1,500 tons/year of criteria pollutants.
Emission Standard Development - Industrial and Commercial Waste Incinerators
On December 28, 1994, EPA published an advance notice of proposed rule making (ANPRM)
which announced EPA's intent to propose and promulgate NSPS and emission guidelines for
industrial and commercial waste incinerators (ICWFs). The ANPRM requested information and
data concerning the operation, location, emissions, and emission controls for ICWI's.
Emission Standard Development - Other Solid Waste Incinerators (OSWI)
The EPA listed categories of OSWI's and a regulatory schedule for issuing standards under
section 129 on November 2, 1993. Promulgation for the NSPS and emission guidelines is
scheduled for November 15, 2000.
The ANPRM published on December 28, 1994 also announced EPA's intent to propose and
promulgate NSPS and emission guidelines for other solid waste incinerators (OSWI's). The
ANPRM requested information and data concerning the operation, location, emissions, and
emission controls for OSWI's.
B. Operator Training and Certification Programs under Subsection (d)
Introduction
Section 129(d) of the Clean Air Act requires the EPA to develop and promote a model State
program for the training and certification of solid waste incineration unit operators and high-
capacity fossil fuel-fired plant operators. Section 129(d) mandates that, beginning 3 years after
the date on which standards and guidelines are promulgated under section 129(a) for any category
of solid waste incineration units, it shall be unlawful to operate any unit in the category unless
each person with control over processes affecting emissions from such unit has satisfactorily
completed a training program meeting the requirements established under subsection 129(d).
Operator Training and Certification Programs
In August 1993, EPA submitted to all State air pollution control agencies the model State training
programs that EPA developed for operators of MWC's and MWI's . The model State training
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program developed by EPA for operators of high-capacity fossil fuel-fired plants was submitted
to all State air pollution control agencies in November 1994. To ensure the availability of at least
one appropriate national certification program for these solid waste incineration units, EPA
requested the American Society of Mechanical Engineers (ASME) to develop and manage a
nationwide certification program for MWC operators. As a result, the ASME developed an
ASME certification program for MWC's. At the request of EPA, the ASME is now in the
process of developing a nationwide certification program for high-capacity fossil fuel-fired plant
operators.
29
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30
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Appendix
Detailed Information on MACT Infrastructure Rules and Prevention of Accidental Releases
and
Scheduled Promulgation Dates & Federal Register Citations
for Categories of Sources of HAPs
A-l
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A-2
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Section 112(c)(l)
List of Source Categories
Statutory Requirements: By November 15, 1991, publish list of categories of major and area
sources for which MACT or GACT standards will be established
according to a schedule published under section 112(e).
Draft Notice Published: June 21, 1991 (56FR28548)
Final Notice Published: July 16, 1992 (57FR31576)
June 4, 1996 (61FR28197) Amendment
July 18, 1996 (61FR37542) Corrections
Project Status:
The Section 112(c) list of source categories was published in the Federal Register on July
16, 1992. The "list," along with the corresponding 112(e) schedule for standards promulgation,
establishes the Agency's program to regulate stationary sources of air toxics through the year
2000. The list, in and of itself, has no regulatory requirement for installing emission controls and,
as such, has no environmental, economic, or energy impacts.
Section 112(c) required the Agency by November 1991 to publish "a list of all categories
and subcategories of major sources and area sources" which emit one or more of the listed HAP.
"Major source" is defined in Section 112 as "any stationary source or group of stationary sources
located within a contiguous area and under common control that emits or has the potential to emit
considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or
25 tons per year or more of any combination of hazardous air pollutants." Section 112 also
defines an area source as any stationary source that is not a major source, and requires that the
Agency make a finding of a threat of adverse effects warranting regulation before listing any
categories of area sources. Pursuant to Section 112(d), major source categories are subject to
MACT emission standards, whereas listed area source categories are subject to either GACT or
MACT standards. MACT standards for a major source category only apply to the major sources
within the category.
Categories have been listed as categories of major sources when there was reasonable
certainty that at least one stationary source in the category is a major source, per the 10/25 ton
per year (tpy) threshold mentioned above, or when sources in the category are commonly located
on the premises of major sources. In this latter regard, some categories may be listed as
categories of major sources even though no sources in the category exceed the 10/25 tpy
threshold. For example, most industrial process cooling towers (IPCTs) emit considerably less
than 1 tpy of HAP individually. However, since they are commonly located on the premises of
large chemical manufacturing complexes which have the potential to emit major source quantities
of HAP, IPCTs are a category of major sources.
A-3
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A detailed finding of a threat of adverse effects warranting regulation must be made before
a category of area sources may be listed. This finding consists of a quantitative and qualitative
assessment of the emissions, sources, health risks, and cost of control associated with the
category.
Once major and area source categories are listed, Section 112 permits removal of any of
these categories from the list if a showing is made that no source in the category poses greater
than a one in one million cancer risk nor exceeds levels adequate to protect public health or the
environment with an ample margin of safety. Additionally, major source categories may be
removed from the list upon a determination that there are no longer any major sources in the
category. Section 1 12(c)(5) provides that new source categories and subcategories may be added
at any time according to the same criteria for listing applicable under sections 1 12(c)(l) or
Section 1 12(c)(l) requires the Agency to periodically amend the list in response to public
comment or new information, and no less often than once every eight years. Revisions made thus
far have included adding and deleting source categories, combining categories for purposes of
efficiency, and making other relatively minor changes and corrections. Changes were prompted
by Agency review of the previously listed categories and external comment. As a consequence of
actions since the initial list was published, the list now contains 175 categories, of which 167 are
major and 8 are area. To wit, the original list contained 174 categories (166 major, 8 area) and
the Agency has since added eight new categories (7 major, 1 area), deleted six categories (5
major, 1 area), and removed one more that is being covered under another source category (1
major, 0 area). Please see Table A-l in the Appendix for a list of the current 175 source
categories.
A-4
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Section 112(e)(3)
Schedule for Standards and Review - Published Schedule
Statutory Requirements: The EPA shall schedule the listed source categories from section
112(c)(l) into four different time frames assuring that standards are
promulgated for 40 source categories by November 15, 1992, 25
per centum of listed source categories by November 15, 1994, 50
per centum by November 15, 1997, and 100 per centum by
November 15,2000.
Draft Notice Published: September 24, 1992 (57FR44147)
Final Notice Published: December 3, 1993 (58FR63941)
March 4, 1994 (59FR10461) Correction
Project Status:
The Section 112(e) schedule for standards promulgation was published on December 3,
1993 (58FR63941). The "schedule" establishes a timetable for issuing emission standards for the
source categories listed pursuant to Section 112(c).
The schedule is organized such that the 174 source categories are grouped into four
separate time frames. Section 112 required that by November 1992, EPA schedule 40 source
categories for regulation within 2 years after enactment of the 1990 Clean Air Act Amendments
(i.e., by November 15, 1992), at least 25 per centum of the categories within 4 years (i.e., by
November 15, 1994), 50 per centum within 7 years (i.e., by November 15, 1997), and all initially
listed categories within 10 years (i.e., by November 15, 2000). Additionally, two source
categories — coke oven batteries and publicly owned treatment works — were given specific
scheduling requirements by Section 112.
In determining priorities for establishing promulgation deadlines, the EPA considered
three criteria: (1) anticipated adverse effects of HAPs on public health and the environment, (2)
quantity and location of emissions of HAPs, and (3) efficiency of grouping categories according
to pollutants emitted, or the processes or technologies used. The first two criteria were evaluated
using the source category ranking system (SCRS), which combined toxicological effects data,
emission estimates, and population information to rank source categories. The results of the
SCRS were coupled with analyses that addressed ecological concerns to arrive at a final ranking
for each category. The third criterion allowed the Agency to optimize regulatory efficiency by
considering similarities among source categories, including emission characteristics and control
technologies.
Other considerations for scheduling than the three criteria cited above included the time and
resources required for development of emissions standards and the amount of available
information about a source category at the time the 1990 Amendments were passed(58FR63941).
A-5
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Sources within each category are subject to emission standards developed pursuant to
Section 112(d). In the event that an applicable standard is not promulgated on schedule for a
listed category of major sources, the owner or operator of a major source within the category
would be subject to emission limitations determined on a case-by-case basis, pursuant to section
1120)-
Since the December 1993 publication, the schedule has remained unchanged apart from
the corresponding scheduling adjustments resulting from changes to the source category list.
Pursuant to Section 112(e)(5), source categories added subsequent to the initial listing must be
scheduled for regulation by November 15, 2000, or 2 years after the listing action, whichever is
later.
Please see Table A-l in the Appendix for a list of the current source categories and their
regulatory schedule dates.
A-6
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Section 112(d)
National Emission Standards for Hazardous Air Pollutants for Source Categories: General
Provisions
Statutory Requirements: There is no statutory requirement for the general provisions.
The general provisions serve as a broad framework of
common requirements for part 63 National Emission
Standards for Hazardous Air Pollutants (NESHAP)
Proposal Date: August 11, 1993 (58FR42760)
Promulgation Date: March 16, 1994 (59FR12408)
Project Status:
The General Provisions codified general procedures and criteria to implement emission
standards for stationary sources that emit (or have the potential to emit) one or more of the 188
hazardous air pollutants (HAPs) listed in section 112(b) of the Act (Caprolactam was recently
delisted.). When a source becomes subject to a 112 standard established for individual source
categories in other subparts of part 63, this source must also comply with the requirements of the
General Provisions.
Currently this part of the regulatory infrastructure is under litigation. On May 16, 1994,
six litigants filed petitions for review of the General Provisions. Arguments for the litigation were
heard on April 20, 1995. The D.C. District Court issued a decision on July 21, 1995 that upheld
EPA's position on two issues challenged by the petitioners: (1) EPA's requirement that all
hazardous air pollutants be aggregated within a plant site, instead of only those emissions from
equipment in similar industrial source categories; and (2) EPA's requirement that "fugitive
emissions" be included in a source's aggregate emissions to determine whether the source is
major. However, the court granted a petition for review with respect to the challenge raised on
EPA's requirement that emissions control and limitation on a source's potential to emit must be
federally enforceable. EPA is currently working towards a resolution on this issue.
In addition, EPA and the litigants are in confidential negotiations working out differences
on other numerous issues within the General Provisions. A proposed rule-making for the General
Provisions which deals with negotiated changes is expected in late-1997.
A-7
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A-8
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Section 112(I)(5)
Early Reductions
Statutory Requirements: A voluntary program in which EPA grants section 112(d)
compliance extensions to sources that achieve a 90 per cent
reduction in hazardous air pollutant emissions (95 per cent
for particulate HAPs) prior to proposal of the section
112(d) standard from a base year not earlier than 1987.
Proposal Date: June 13, 1991 (56FR27338)
Promulgation Date: December 29, 1992 (57FR61970)
Several subsequent amendments
The Early Reductions provision allows an existing source to obtain a 6-year extension of
compliance with an emission standard promulgated under section 112(d) of the act if the source
has achieved by certain dates an emission reduction of 90 per cent or more of HAPs (95 per cent
or more for particulate HAPs) from a base year not earlier than 1987. The reduction must be
achieved by the proposal date of an applicable section 112(d) standard, with the following
exception. The reduction may be achieved after the standard is proposed (but no later than
January 1, 1994) if the source makes an enforceable commitment before the 112(d) standard's
proposal date to achieve the reduction.
In lieu of meeting the otherwise applicable 112(d) standard, a source would have written
into its Title V permit an alternative emission limitation and other terms and conditions to ensure
continued emission reduction for the duration of the extension.
These provisions of the CAA and the proposed rule to implement them have the potential
for resulting in substantial emission reductions well before the compliance date for section 112(d)
standards. In addition to the environmental benefits, there would be economic benefits for
participating sources since they would have more time to develop compliance strategies for
section 112(d) standards and choose the most cost effective and economically attractive means to
reduce their emissions of hazardous air pollutants. Because any source can enter the program,
and the program is available as long as section 112(d) standards are issued, it is impossible to
assess with certainty the industries that would take advantage of the provision or determine the
impact.
The final rule has been signed and appeared in the Federal Register on December 29, 1992
(57FR61970). There are several subsequent amendments.
The early reductions program is an ongoing program that EPA has made available to
facilities. Full implementation of this program has shifted to EPA's Regional offices. About
twenty-five permit applications are currently pending, representing HAP reductions of over 6,800
A-9
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tons per year. About six permits have been issued to date; However, there is still opportunity for
permits to be issued before standards are proposed.
A-10
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Section 112(g)
Construction, Reconstruction, & Modifications
Statutory Requirements: The EPA is required to publish guidance for the
implementation of section 112(g) of the CAA, which
contains requirements for constructed, reconstructed, and
modified major sources of hazardous air pollutants.
Proposal Date: April 1, 1994 (59FR15504)
Promulgation Date: December 27, 1996 (61FR68384)
Background:
Under the Clean Air Act Amendments of 1990, EPA is required to regulate major
industrial facilities that emit one or more of 188 listed hazardous air pollutants (air toxics) using
maximum achievable control technology (MACT). The section 112(g) provision is designed to
ensure that emissions of toxic air pollutants are well controlled if a major source is constructed
reconstructed, or modified before EPA issues a MACT or air toxics regulation for that particular
category of sources or facilities. In effect, the 112(g) provision is a transitional measure to ensure
that facilities adequately protect the public from toxic air pollutants until EPA issues a MACT
standard that applies to the facility in question. The statute required EPA by May 1992 to issue
implementing guidance for this program, which is implemented by states.
EPA proposed the 112(g) regulation in April 1994 (59FR15504). EPA delayed issuing
the final 112(g) regulation to work out a number of complex issues, including defining
construction and reconstruction of major sources, and developing the best way to integrate the
program with existing state programs.
Project Status:
EPA's final rule was promulgated on December 27, 1996 (61FR68384). Simpler and
narrower in scope than the April 1994 proposal, the final 112(g) rule requires MACT controls
only for new facilities that are major sources of toxic air pollutants, and for new or reconstructed
major-emitting production units at existing facilities. This transitional program in which states
determine MACT requirements on a case-by-case basis, applies only to sources for which national
MACT standards have not yet been issued by EPA.
In contrast with the April 1994 proposal, the regulation no longer contains the complex
requirements for modifications to existing sources or facilities. An existing facility would only be
subject to 112(g) requirements, for example, if it added or rebuilt a large production line or
process that emitted toxic air pollutants above the major source threshold (e.g., above 10 tons
A-ll
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annually for any single listed pollutant, or above 25 tons annually for a combination of listed
pollutants).
A-12
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Section 112(j)
Equivalent Emission Limitations by Permit
Statutory Requirements:
Proposal Date:
Promulgation Date:
Project Status:
Beginning 18 months after the Agency has missed a promulgation
deadline for a MACT standard, major sources are required to
submit Title V permit applications to obtain case-by-case MACT
emission limitations on sources within the applicable source
category. These emission limits must be at least equivalent to what
the Federal MACT standard would have required. Section 112(j)
directs EPA to establish specific provisions for States and sources
to follow in implementing case-by-case equivalent emission
limitations by permit.
July 13, 1993 (58FR37778)
May 20, 1994 (59FR26429)
May 10, 1996 (61FR21370) Amendment
The section 112(j) rule making was promulgated on May 20, 1994 (59FR27429). The
rule is published in 40 CFR 63 Subpart B, Sections 63.50-63.56. The Section 112(j) rule,
originally due in May 1992 applies to certain major sources of toxic air emissions in States that
have approved permit programs. Because EPA has promulgated MACT standards for all 1992
source categories, the earliest that Section 112(j) requirements could take effect is May 1996.
The final rule regulates both major source owners and operators and Title V permitting agencies
and contains requirements for permit application submittal, content, and review and approval, as
well as guidelines for establishing case-by-case MACT emission limitations.
On May 10, 1996, EPA promulgated an amendment to this rule that delays the section
112(j) permit application deadline for all 4-year source categories listed in the regulatory schedule
by 180 days until November 15, 1996.
The Section 112(j) final rule is under litigation and proposed changes are likely to appear
in the Federal Register by late-1997.
A-13
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A-14
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Section 112(1)
State Programs
Statutory Requirements: Section 112(1) requires EPA to develop guidance for the approval
of State programs for implementation and enforcement of section
112 rules when such State programs are no less stringent than the
Federal program.
Proposal Date: May 19, 1993 (58FR29296)
Promulgation Date: Nov. 26, 1993 (58FR62262)
July 10, 1996 (61FR36295) - Amendment
Background:
Section 112(1) provides flexibility for State and local agencies in meeting Federal
requirements for controlling air toxics. Under this authority, guidance was established under 40
CFR part 63 Subpart E that allows State and local agencies to, on a voluntary basis, receive
approval for delegation of authority to implement and enforce air toxics standards established by
EPA under Section 112 or State rules and programs that differ from Federal air toxics standards
under Section 112. State and local agencies may choose to:
*• substitute a Federal section 112 air toxics rule with an EPA approved industry-specific
State rule that is no less stringent (e.g., an existing or new State rule requiring equivalent
or greater emission reductions from the chemical manufacturing industry), or
*• substitute Federal section 112 air toxics rules with an EPA approved State air toxics
program that is no less stringent than the Federal air toxics rules.
Section 112(1) also establishes the framework for EPA to delegate to States the authority to
implement and enforce unchanged Federal air toxic standards. State and local agencies are
subject to periodic program reviews and audits by EPA. Based upon the findings, the EPA may
withdraw approval.
Benefits:
The rule will allow States to maintain existing rules/programs while ensuring attainment of
the health and environmental goals of the Federal rules. It can eliminate dual regulation wherever
State rules or programs are at least as stringent as Federal rules. This will reduce regulatory
agency and industry costs and time involved in permitting and enforcement. It provides State and
local agencies the opportunity to preserve and build upon existing State programs.
A-15
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Project Status:
The requirements of this section have been implemented through a formal rule making
(58FR62262, dated November 26, 1993). The rule includes a broad range of input from State
and local agencies and from industry and environmental groups through the Clean Air Act
Advisory Committee. This rule has been revised (61FR36295) in response to a request from
State and local agencies to revisit specific portions of the 40 CFR part 63 Subpart E rule. The
amendments have been made to clarify regulatory text, reduce administrative burden and provide
more flexibility to States using this rulemaking. Additional rule revisions are anticipated.
A-16
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Section 112(r)(3)
List of Regulated Substances and Threshold for Accidental Release Prevention;
Requirements for Petition under Section 112(r) of the Clean Air Act as Amended
Statutory Requirements: The EPA is required to develop a list of at least 100
substances and threshold quantities which, in the case of an
accidental release, are known to cause or may reasonably be
anticipated to cause death, injury, or serious adverse effects
to human health or the environment.
Proposal Date: January 19, 1993 (58FR5102)
Promulgation Date: January 31, 1994 (59FR4478)
The statute required EPA to develop by November 1992 a list of at least 100 substances
and the threshold quantities. Facilities where a substance is present in more than a threshold
quantity must prepare and implement risk management plans under a separate rule (see page A-16
of this report).
Project Status
The final list and thresholds rule was promulgated and published on January 31, 1994.
Three parties filed petitions for review of this rule, which had been required by November 1992.
On April 15, 1996, EPA proposed amendments that would implement two settlement
agreements (61FR16598). Final action on these amendments is anticipated by December 1997.
On June 20, EPA stayed rule provisions affecting processes and substances that would no longer
be subject to the rule if the amendments are promulgated. The stay will remain in effect until
December 1997 (61FR31730). On May 22, 1997, EPA proposed amendments implementing the
third settlement agreement (62FR27992). On August 25, 1997, EPA finalized these amendments,
modifying the listing of hydrochloric acid solutions (62FR45130).
A-17
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A-18
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Section 112(r)(7)
Accident Prevention Regulation and Risk Management Plans for Accidental Release
Provisions under the CAA of 1990
Statutory Requirements: Section 112(r)(7) requires EPA to promulgate regulations that
require facilities handling a regulated substance above a
threshold quantity to prepare and implement risk management
plans. The plans must include a hazard assessment, a prevention
program, and an emergency response program to be submitted to
State and local planning organizations, the Chemical Safety and
Hazard Investigation Board, and to be made available to the public.
Proposed Date: October 20, 1993 (58FR54190)
March 13, 1995 (60FR13526)
Promulgated Date: June 20, 1996 (61FR31668)
Project Status
The Clean Air Act Amendments of 1990 amend section 112 and add a paragraph (r). The
intent of section 112(r) is to prevent accidental releases to the air and mitigate the consequences
of such releases by focusing prevention measures on chemicals that pose the greatest risk to the
public and the environment. Section 112(r)(3) mandates that EPA promulgate a list of regulated
substances, with threshold quantities; this list defines the stationary sources that will be subject to
accident prevention regulations mandated by section 112(r)(7). EPA promulgated its list of
substances on January 31,1994 (59FR4478).
Section 112(r)(7) mandates that EPA by November 1993 promulgate regulations and
develop guidance to prevent accidental releases. Stationary sources covered by these regulations
must develop and implement a risk management program that includes a hazard assessment, a
prevention program, and an emergency response program. The risk management program must
be summarized in a risk management plan (RMP) that must be registered with EPA and submitted
to State and local authorities. The RMP will be available to the public.
On October 20, 1993, EPA published a Notice of Proposed Rule making (NPRM) for the
section 112(r)(7) regulations (58FR54190). Following the publication of the proposed rule, EPA
held four public hearings and received approximately 770 written comments. As a result of these
comments, EPA issued a supplemental notice of proposed rule making (SNPRM) on March 13,
1995 (60FR13526). The SNPRM sought comments on six specific issues: tiering (setting
different requirements for sources that pose different levels of hazard); worst-case releases and
other hazard assessment issues; accident information reporting; public participation; inherently
A-19
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safer approaches; and implementation and integration of section 112(r) with State programs,
particularly State air permitting programs. EPA held a public hearing on March 31, 1995, in
Washington, DC, and received more than 280 written comments.
On June 20, 1996, EPA published the final risk management program rule (61FR31668).
Along with the final rule, EPA published an RMP Offsite Consequence Analysis Guidance to
assist all businesses, especially small and medium sized enterprises, with the hazard assessment
portion of the risk management program rule(61FR31733). In addition, EPA published a Model
Risk Management Program and Plan for Ammonia Refrigeration Systems. This model program
and plan provides specific guidance to help owners and operators of ammonia refrigeration
processes comply with the risk management program and plan requirements. Additional industry-
specific model programs and plans, as well as general compliance guidance and state
implementation guidance, are planned for publication in FY98.
In September 1996, EPA established an Accident Prevention Subcommittee to the Clean
Air Act Advisory Committee. The Subcommittee, a 12-member advisory group, is specifically
focused on 112(r) issues such as electronic submission of RMPs and a national electronic
repository of these plans. In June 1997, a Workgroup under the Subcommittee completed its
recommendations that RMPs be submitted electronically, that they be made available to all
members of the public using an Internet based system, and that small businesses without access to
computers may obtain waivers to submit paper copy. The Subcommittee continues its work on
examining a variety of issues associated with 112(r).
A-20
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Section 112(r)(10)
"A Review of Federal Authorities for Hazardous Materials Accident Safety"
Statutory Requirements: Requires the President to conduct a review of various Federal
agency authorities for release prevention, mitigation and response;
clarification and coordination of federal agency responsibilities to
ensure effective and efficient implementation; identification of
deficiencies in authority of resources; and recommendations for
changes.
Completion Date: December, 1993
Project Status
Responsibility for undertaking this review was delegated by the President to EPA. The
EPA Chemical Emergency Preparedness and Prevention Office (CEPPO), in coordination with
the other (then) fourteen member agencies of the National Response Team (NRT), conducted the
review and prepared a report entitled "A Review of Federal Authorities for Hazardous Materials
Accident Safety - Report to Congress under Section 112(r)(10)".
In response to the Congressional mandate to conduct a review by November 1992, the report
reviews and describes existing federal authorities for accident release prevention, preparedness,
and response. It provides findings with respect to key policy questions and issues. The report
concludes that while achieving its statutory goals, the safety system is complex and, as a result,
costly. A second phase of research is recommended to focus on the technical implications of the
issues and to obtain stakeholder input in developing needed options for change, some of which
may be statutory. Because of the complexity and inefficiency of the existing system, the issues
identified for further investigation impact, and, in some cases, unnecessarily burden both industry
and the regulatory agencies. The issues include: multiple statutory definitions for regulated
substances and reportable events; multiple facility contingency planning regulations; and multiple
accident data bases and reporting requirements.
In addition, the report noted the need for improved coordination among all levels of
government in contingency planning and among federal agencies for the development of
prevention programs and regulations. As a result, the Executive Branch, through the National
Response Team, has instituted a Prevention Committee and begun improving its coordination
efforts with State and local governments for contingency planning.
As a result of this effort, the NRT developed the Integrated Contingency Plan (ICP)
Guidance. This guidance (also known as the "one-plan" guidance) provides a way to consolidate
multiple plans, which a facility may have prepared to comply with various regulations, into one
A-21
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functional emergency response plan. Five agencies (EPA, Coast Guard, OSHA, DOT and the
Minerals Management Service) signed the one-plan guidance. The NRT and the agencies
responsible for reviewing and approving federal response plans to which the TCP option applies
agree that integrated response plans prepared in the format provided in this guidance will be
acceptable and be the federally preferred method of response planning.
A-22
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Table A-l: Categories of Sources of Hazardous Air Pollutants and Regulation Promulgation Schedule by Industry Group
INDUSTRY GROUP
Fuel Combustion
Non-Ferrous Metals
Processing
Ferrous Metals Proces-
sing
SOURCE CATEGORY1
Engine Test Facilities
Industrial Boilers3
Institutional/Commercial Boilers3
Process Heaters
Stationary Internal Combustion Engines3
Stationary Turbines3
Primary Aluminum Production
Primary Copper Smelting
Primary Lead Smelting
Primary Magnesium Refining
Secondary Aluminum Production
Secondary Lead Smelting
Coke By-Product Plants
SCHEDULED PRO-
MULGATION DATE
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/97
11/15/97
11/15/97
11/15/00
11/15/97
11/15/94
11/15/00
FEDERAL
REGISTER
CITATION2
60FR32587(F)
A-23
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INDUSTRY GROUP
Ferrous Metals Proces-
sing (contd.)
Mineral Products Pro-
cessing
SOURCE CATEGORY1
Coke Ovens: Charging, Top Side and Door Leaks
Coke Ovens: Pushing, Quenching and Battery Stacks
Ferroalloys Production
Integrated Iron and Steel Manufacturing
Iron Foundries
Steel Foundries
Steel Pickling - HC1 Process
Alumina Processing
Asphalt Concrete Manufacturing
Asphalt Processing
Asphalt Roofing Manufacturing
Asphalt/Coal Tar Application - Metal Pipes
Chromium Refractories Production
Clay Products Manufacturing
Lime Manufacturing
SCHEDULED PRO-
MULGATION DATE
12/31/92
11/15/00
11/15/97
11/15/00
11/15/00
11/15/00
11/15/97
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
FEDERAL
REGISTER
CITATION2
58FR57898(F)
59FR01922(C)
A-24
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INDUSTRY GROUP
Mineral Products Pro-
cessing (contd.)
Petroleum & Natural
Gas Production & Re-
fining
Liquids Distribution
SOURCE CATEGORY1
Mineral Wool Production
Portland Cement Manufacturing
Taconite Iron Ore Processing
Wool Fiberglass Manufacturing
Oil and Natural Gas Production
Petroleum Refineries - Catalytic Cracking (Fluid and
other) Units, Catalytic Reforming Units, and Sulfur Plant
Units
Petroleum Refineries - Other Sources Not Distinctly
Listed
Gasoline Distribution (Stage 1)
Marine Vessel Loading Operations
Organic Liquids Distribution (Non-Gasoline)
SCHEDULED PRO-
MULGATION DATE
11/15/97
11/15/97
11/15/00
11/15/97
11/15/97
11/15/97
11/15/94
11/15/94
11/15/00
11/15/00
FEDERAL
REGISTER
CITATION2
60FR43244(F)
60FR49976(C)
59FR64303(F)6
60FR07627(C)
60FR32912(C)
60FR43244(A)
60FR56133(a)
60FR62991(S)
60FR48399(F)
A-25
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INDUSTRY GROUP
Surface Coating
Process
SOURCE CATEGORY1
Aerospace Industries
Auto and Light Duty Truck (Surface Coating)
Flat Wood Paneling (Surface Coating)
Large Appliance (Surface Coating)
Magnetic Tapes (Surface Coating)
Manufacture of Paints, Coatings and Adhesives
Metal Can (Surface Coating)
Metal Coil (Surface Coating)
Metal Furniture (Surface Coating)
Miscellaneous Metal Parts and Products (Surface Coating)
Paper and Other Webs (Surface Coating)
Plastic Parts and Products (Surface Coating)
Printing, Coating and Dyeing of Fabrics
Printing/Publishing (Surface Coating)
Shipbuilding and Ship Repair (Surface Coating)
SCHEDULED PRO-
MULGATION DATE
11/15/94
11/15/00
11/15/00
11/15/00
11/15/94
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/94
11/15/94
FEDERAL
REGISTER
CITATION2
60FR45948(F)
59FR64580(F)
61FR27132(F)
60FR64330(F)
A-26
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INDUSTRY GROUP
Surface Coating
Process (contd.)
Waste Treatment &
Disposal
Agricultural Chemicals
Production
SOURCE CATEGORY1
Wood Furniture (Surface Coating)
Hazardous Waste Incineration
Municipal Landfills
Off-Site Waste and Recovery Operations
Publicly Owned Treatment Works (POTW) Emissions
Sewage Sludge Incineration
Site Remediation
4-Chloro-2-Methylphenoxyacetic Acid Production
2,4-D Salts and Esters Production
4,6-Dinitro-o-Cresol Production
Butadiene-Furfural Cotrimer (R-l 1) Production4
Captafol Production4
Captan Production4
Chloroneb Production
SCHEDULED PRO-
MULGATION DATE
11/15/94
11/15/00
11/15/00
11/15/94
11/15/95
11/15/00
11/15/00
11/15/97
11/15/97
11/15/97
11/15/00
11/15/97
11/15/97
11/15/97
FEDERAL
REGISTER
CITATION2
60FR62930(F)
61FR34141(F)
A-27
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INDUSTRY GROUP
Agricultural Chemicals
Production (contd.)
Fibers Production
Processes
Food and Agriculture
Processes
Pharmaceutical Pro-
duction Processes
Polymers & Resins
Production
SOURCE CATEGORY1
Chlorothalonil Production4
Dacthal (tm) Production4
Sodium Pentachlorophenate Production
Tordon (tm) Acid Production4
Acrylic Fibers/Modacrylic Fibers Production
Rayon Production
Spandex Production
Baker's Yeast Manufacturing
Cellulose Food Casing Manufacturing
Vegetable Oil Production
Pharmaceutical Production4
Acetal Resins Production
Acrylonitrile-Butadiene-Styrene Production
SCHEDULED PRO-
MULGATION DATE
11/15/97
11/15/97
11/15/97
11/15/97
11/15/97
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/97
11/15/97
11/15/94
FEDERAL
REGISTER
CITATION2
61FR48208(F)
A-28
-------
INDUSTRY GROUP
Polymers & Resins
Production (contd.)
SOURCE CATEGORY1
Alkyd Resins Production
Amino Resins Production
Boat Manufacturing
Butyl Rubber Production
Carboxymethylcellulose Production
Cellophane Production
Cellulose ethers Production
Epichlorohydrin Elastomers Production
Epoxy Resins Production
Ethylene-Propylene Rubber Production
Flexible Polyurethane Foam Production
Hypalon (tm) Production4
Maleic Anhydride Copolymers Production
Methylcellulose Production
Methyl Methacryl ate- Acryl onitril e-Butadi ene- Sty rene
Production4
SCHEDULED PRO-
MULGATION DATE
11/15/00
11/15/97
11/15/00
11/15/94
11/15/00
11/15/00
11/15/00
11/15/00
11/15/94
11/15/94
11/15/97
11/15/94
11/15/00
11/15/00
11/15/94
FEDERAL
REGISTER
CITATION2
61FR46906(F)
61FR46906(F)
60FR12670(F)
61FR46906(F)
61FR46906(F)
61FR48208(F)
A-29
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INDUSTRY GROUP
Polymers & Resins
Production (contd.)
SOURCE CATEGORY1
Methyl Methacrylate-Butadiene-Styrene Terpolymers
Production4
Neoprene Production
Nitrile Butadiene Rubber Production
Nitrile Resins Production
Non-Nylon Polyamides Production
Nylon 6 Production
Phenolic Resins Production
Polybutadiene Rubber Production4
Polycarbonates Production4
Polyester Resins Production
Poly ether Polyols Production
Polyethylene Terephthalate Production
Polymerized Vinylidene Chloride Production
Polymethyl Methacrylate Resins Production
Polystyrene Production
Polysulfide Rubber Production4
SCHEDULED PRO-
MULGATION DATE
11/15/94
11/15/94
11/15/94
11/15/00
11/15/94
11/15/97
11/15/97
11/15/94
11/15/97
11/15/00
11/15/97
11/15/94
11/15/00
11/15/00
11/15/94
11/15/94
FEDERAL
REGISTER
CITATION2
61FR48208(F)
61FR46906(F)
61FR46906(F)
61FR48208(F)
60FR12670(F)
61FR46906(F)
61FR48208(F)
61FR48208(F)
61FR46906(F)
A-30
-------
INDUSTRY GROUP
Polymers & Resins
Production (contd.)
Production of Inorgan-
ic Chemicals
SOURCE CATEGORY1
Polyvinyl Acetate Emulsions Production
Polyvinyl Alcohol Production
Polyvinyl Butyral Production
Polyvinyl Chloride and Copolymers Production
Reinforced Plastic Composites Production
Styrene-Acrylonitrile Production
Styrene Butadiene Rubber and Latex Production4
Ammonium Sulfate Production - Caprolactam By-Product
Plants
Antimony Oxides Manufacturing
Carbon Black Production
Chlorine Production4
Cyanuric Chloride Production
Fume Silica Production
Hydrochloric Acid Production
Hydrogen Cyanide Production
SCHEDULED PRO-
MULGATION DATE
11/15/00
11/15/00
11/15/00
11/15/00
11/15/97
11/15/94
11/15/94
11/15/00
11/15/00
11/15/00
11/15/97
11/15/97
11/15/00
11/15/00
11/15/97
FEDERAL
REGISTER
CITATION2
61FR48208(F)
61FR46906(F)
A-31
-------
INDUSTRY GROUP
Production of Inorgan-
ic Chemicals (contd.)
Production of Organic
Chemicals
Miscellaneous Proces-
ses
SOURCE CATEGORY1
Hydrogen Fluoride Production
Phosphate Fertilizers Production
Phosphoric Acid Manufacturing
Sodium Cyanide Production
Uranium Hexafluoride Production
Ethylene Processes
Quaternary Ammonium Compounds Production
Synthetic Organic Chemical Manufacturing
Aerosol Can-Filling Facilities
SCHEDULED PRO-
MULGATION DATE
11/15/00
11/15/00
11/15/00
11/15/97
11/15/00
11/15/00
11/15/00
11/15/92
11/15/00
FEDERAL
REGISTER
CITATION2
59FR19402(F)
59FR29196(A)
59FR48175(C)
59FR53359(S)
59FR53392(a)
59FR54131(S)
59FR54154(a)
60FR05320(S)
60FR18020(A)
60FR18071(a)
A-32
-------
INDUSTRY GROUP
Miscellaneous Proces-
ses (contd.)
SOURCE CATEGORY1
Benzyltrimethylammonium Chloride Production
Carbonyl Sulfide Production
Chelating Agents Production
Chlorinated Paraffins Production4
Chromic Acid Anodizing
Commercial Dry Cleaning (Perchloroethylene) Transfer
Machines
Commercial Sterilization Facilities
Decorative Chromium Electroplating
Dry Cleaning (Petroleum Solvent)
Ethylidene Norborene Production4
Explosives Production
Flexible Polyurethane Foam Fabrication Operations
Friction Products Manufacturing
SCHEDULED PRO-
MULGATION DATE
11/15/00
11/15/00
11/15/00
11/15/00
11/15/94
11/15/92
11/15/94
11/15/94
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
FEDERAL
REGISTER
CITATION2
60FR04948(F)
60FR27598(C)
60FR33122(C)
58FR49354(F)
58FR66287(A)
59FR62585(F)
60FR04948(F)
60FR27598(C)
60FR33122(C)
A-33
-------
INDUSTRY GROUP
Miscellaneous Proces-
ses (contd.)
SOURCE CATEGORY1
Halogenated Solvent Cleaners
Hard Chromium Electroplating
Hydrazine Production
Industrial Cleaning (Perchloroethylene) - Dry-to-Dry
machines
Industrial Dry Cleaning (Perchloroethylene) - Transfer
Machines
Industrial Process Cooling Towers
Leather Tanning and Finishing Operations
OBPA/l,3-Diisocyanate Production4
Paint Stripper Users
Photographic Chemicals Production
Phthalate Plasticizers Production
Plywood/Particle Board Manufacturing
SCHEDULED PRO-
MULGATION DATE
11/15/94
11/15/94
11/15/00
11/15/92
11/15/92
11/15/94
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
11/15/00
FEDERAL
REGISTER
CITATION2
59FR61801(F)
59FR67750(C)
60FR29484(C)
60FR04948(F)
60FR27598(C)
60FR33122(C)
58FR49354(F)
58FR66287(A)
58FR49354(F)
58FR66287(A)
59FR46339(F)
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INDUSTRY GROUP
Miscellaneous
Processes (contd.)
Categories of Area
Sources5
SOURCE CATEGORY1
Pulp and Paper Production
Rocket Engine Test Firing
Rubber Chemicals Manufacturing
Semiconductor Manufacturing
Symmetrical Tetrachloropyridine Production4
Tetrahydrobenzaldehyde Production
Tire Production
Chromic Acid Anodizing
Commercial Dry Cleaning (Perchloroethylene) - dry - to -
Dry Machines
Commercial Dry Cleaning (Perchloroethylene) - Transfer
Machines
Commercial Sterilization Facilities
Decorative Chromium Electroplating
SCHEDULED PRO-
MULGATION DATE
11/15/97
11/15/00
11/15/00
11/15/00
11/15/00
11/15/97
11/15/00
11/15/94
11/15/92
11/15/92
11/15/94
11/15/94
FEDERAL
REGISTER
CITATION2
58FR66078(P)
59FR12567(C)
61FR09383(P)
60FR04948(F)
60FR27598(C)
60FR33122(C)
58FR49354(F)
58FR66287(A)
58FR49354(F)
58FR66287(A)
59FR62585(F)
60FR04948(F)
60FR27598(C)
60FR33122(C)
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INDUSTRY GROUP
Categories of Area
Sources (contd.)
SOURCE CATEGORY1
Halogenated Solvent Cleaners
Hard Chromium Electroplating
Secondary Lead Smelting
SCHEDULED PRO-
MULGATION DATE
11/15/94
11/15/94
11/15/00
FEDERAL
REGISTER
CITATION2
59FR61801(F)
59FR67750(C)
60FR29484(C)
60FR04948(F)
60FR27598(C)
60FR33122(C)
60FR32587(F)
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1. Only sources within any category located at a major source shall be subject to emission standards under Section 112 unless a finding is made of a
threat of adverse effects to human health or the environment for the area sources in a category. All listed categories are exclusive of any specific
operations or processes included under other categories that are listed separately.
2. The markings in the "Scheduled Promulgation Date/FEDERAL REGISTER Citation" columns of Table 1 denote the following:
(A): amendment to a final rulemaking action
(a): proposed amendment to a final rulemaking action
(C): correction (or clarification) published subsequent to a proposed or final rulemaking action
(F): final rulemaking action
(P): proposed rulemaking action
(R): reopening of a proposed action for public comment
(S): announcement of a stay, or partial stay, of the rule requirement
3. Sources defined as electric utility steam generating units under Section 112(a)(8) shall not be subject to emission standards pending the findings of
the study required under Section 112(n)(l).
4. Equipment handling specific chemicals for these categories or subsets of these categories are subject to negotiated standard for equipment leaks
contained in the Hazardous Organic NESHAP (HON), which was promulgated on April 22, 1994. The HON includes a negotiated standard for
equipment leaks from the SOCMI category and 20 non-SOCMI categories (or subsets of these categories). The specific processes affected within the
categories are listed in Section XX.XO(c) on page 9318 of the March 6, 1991 Federal Register notice (56FR9315).
5. A finding of threat or adverse effects to human health or the environment was made for each category of area sources listed.
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