Pollution Engineering - December 2008 - (Page 17)

LEGALLOOKOUT By Lynn L. Bergeson NESHAPs for Chemical Manufacturing On Oct. 6, 2008, EPA proposed new standards for nine area source categories in the chemical manufacturing sector. Here is a short summary of the proposed rule. T he Clean Air Act (CAA) requires EPA to establish national emissions standards for hazardous air pollutants (NESHAPs) for major and area sources of hazardous air pollutants (HAPs) listed under CAA Section 112(c). Major sources emit 10 tons per year or more of any single HAP or 25 tons per year of any combination of HAPs. Area sources are stationary sources that are not major sources. EPA states that the proposed NESHAPs for new and existing sources are based on the agency’s determination regarding the generally available control technology (GACT), or management practices for the nine area source categories. The proposed rule would apply to chemical manufacturing operations at any of the nine chemical manufacturing area source categories that process, use, produce or generate any of the identified HAPs. The proposed emissions standards are identical for new and existing sources, and are based on EPA’s determination regarding the GACT for each area source category. manufacturing industry from Title V permitting requirements, except where an affected facility is required to obtain a Title V permit for reasons other than being subject to the proposed rule. EPA’s fact sheet that describes the rule in greater detail is available at www.epa.gov/fedrgstr/ EPA-AIR/2008/October/Day-06/a22518.htm. “ …the proposal includes more stringent requirements for subcategories of process vents, storage tanks, cooling towers and wastewater systems. Requirements The proposed rule includes management practices for all process vents, equipment leaks, storage tanks, transfer operations and small cooling tower systems. The management practices require quarterly inspections for leaks. It is also required that equipment openings be in the closed position during operation, liquid spills are controlled during transfer operations, and companies devise an inspection plan for detection of and response to leaks in the cooling water system. The proposal also requires treatment of all wastewater. Importantly, the proposal includes more stringent requirements for subcategories of process vents, storage tanks, cooling towers and wastewater systems. EPA is co-proposing an alternative to the requirements for process vents emitting metal HAPs. The alternative would set a higher size threshold for large, metal HAP process vents. The proposal also requires facilities in this industry to submit one-time notifications of applicability and compliance status, submit annual deviation reports, and keep records to demonstrate compliance with the proposed rule. The proposal exempts area sources in the chemical Note that the proposed NESHAP will apply to chemical manufacturing operations that include “all process equipment and activities involved in the production of materials described in NAICS code 325 [and] . . . include each storage tank, transfer rack, cooling tower system, wastewater system. . . . .” If a chemical manufacturing operation or affected source is subject to the proposal, the proposed requirements would apply to all the emission points “of that type in an affected source, including those that do not emit a chemical manufacturing urban HAP.” This means that the scope of the rule, once issued in final, is potentially more inclusive of the specific HAPs listed above and thus its application is much broader. PE ” Lynn L. Bergeson is managing director of Bergeson & Campbell, P.C., a Washington, D.C., law firm focusing on conventional and engineered nanoscale chemical, pesticide, and other specialty chemical product approval and regulation, environmental health and safety law, chemical product litigation, and associated business issues, and President of The Acta Group L.L.C. and The Acta Group EU Ltd. with offices in Washington, D.C., and Manchester, U.K. Visit www.pollutionengineering.com and electronically forward a copy of this article to a colleague or customer. DECEMBER2008 www.pollutionengineering.com 17 http://www.epa.gov/fedrgstr/EPA-AIR/2008/October/Day-06/a22518.htm http://www.epa.gov/fedrgstr/EPA-AIR/2008/October/Day-06/a22518.htm http://www.pollutionengineering.com http://www.pollutionengineering.com

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Pollution Engineering - December 2008 Contents The Editor’s Desk PE Events for 2009 EnviroNews Legal Lookout PE Product Listings Consultants/Services Category Listings Alphabetical Supplier Listings Classified Marketplace Advertiser Index State Rules by BLR

Pollution Engineering - December 2008

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