Background
See Clean Air Act — General, Clean Air Act — Mobile Sources, Clean Air Act — Permitting, Clean Air Act — Risk Management Plans, and Toxic Substances Control Act — Asbestos.
Title III of the 1990 Amendments to the Clean Air Act (CAA) expanded the 1970 National Emission Standards for Hazardous Air Pollutants (NESHAPs). “Toxic air pollutants” or “air toxics” are other names for these pollutants. Until the 1990 amendments, the Environmental Protection Agency (EPA) had regulated only eight air pollutants as air toxics. These included asbestos, mercury, and benzene.
The air toxics requirements apply to some specific industries, called “source categories,” and to major sources. These rules also apply to small businesses, such a dry cleaners and auto body paint shops, where the total emissions from the industry sector warrant control. These industries are “area sources.”
The 1990 amendments did not rescind the regulatory requirements for the original eight air toxics. These eight standards remain and have their own thresholds for applicability. 40 CFR 61 lists the emissions standards for these eight materials. Currently, the regulations cover 188 carcinogens, mutagens, and other toxins. The CAA allows for additions by petition and following EPA review. The CAA requires EPA to review and revise the list periodically. 40 CFR 63 lists the new emissions standards.
The air toxics regulations also include the Accidental Release Prevention Program, Section 112(r) of the CAA. Using this regulation, EPA intends to minimize emissions of toxins due to accidental releases by minimizing the occurrences of leaks and spills. See Clean Air Act — Risk Management Plans.
Key Concepts
See Clean Air Act — General and Clean Air Act — Permitting.
Emissions Standards (NESHAPs)
These are the “national emission standards for hazardous air pollutants.” Collectively, they comprise most of the air toxics regulations.
Hazardous Air Pollutants List (HAPs List)
Congress listed 188 hazardous air pollutants (HAPs) in Section 112(b)(1) of the CAA. The CAA requires EPA to periodically review and revise the list, but no substantive changes have yet occurred. In addition, the public can petition to modify the list of HAPs.
Source Categories
These are industries for which EPA either has created or will create emissions standards. The source category list includes such industries as refining, chemical manufacturing, and food production.
Maximum Achievable Control Technology (MACT) Standards
These are control standards that come from emissions levels demonstrated by sources in an industry with better controls or lower emissions. MACT standards exist only for sources on the Source Category List, and 40 CFR Part 63 contains the MACT standards list. Some campus operations may have applicable MACT standards.
Major Emission Source for HAPs, “Major Source”
A major source is a stationary source or group of stationary sources located within a “contiguous area” under “common control” that emits or has the potential to emit 10 tons per year or more of any HAP, or 25 tons per year or more of any combination of HAPs. EPA frequently interprets the definitions of “contiguous area” and “common control” in various policy and guidance documents.
Area Source
An area source is any stationary pollution source that is not a defined as a major source. The source category list includes area sources that EPA determines warrant regulation. There are exemptions to this list, including research and development, but state and local governments can override the exemption.
Does this apply to my campus?
Yes. The asbestos emissions standard has specific requirements for asbestos management that apply to most campuses. See Toxic Substances Control Act — Asbestos.
In addition, campuses may have activities for which a specific MACT standard applies. These include
- offsite waste and recovery operations (OSWROs),
- hospital/medical/infectious waste incinerators (HMIWIs, CAA Section 129),
- publicly owned treatment works (POTWs),
- pharmaceuticals production,
- printing/publishing,
- industrial/commercial/institutional boilers, and
- reciprocating internal combustion engines.
The risk management plan requirements may apply to a campus. This depends on whether chemicals regulated by that program are present and in amounts above the threshold quantities. Propane, ammonia, sulfur dioxide, and chlorine, for example, are listed substances that may be on campus and have threshold quantities low enough to affect some universities. See Clean Air Act — Risk Management Plans.
What do I have to do?
Any asbestos abatement activities, especially large-scale demolitions or renovations, must meet the asbestos NESHAP. This regulation includes requirements for notifying the appropriate regulatory agency, work practices, waste management, manifesting waste, and record keeping. Most state asbestos programs exist along with, but do not supersede, these requirements. See Toxic Substances Control Act — Asbestos.
Note that state thresholds for air toxics major sources may be lower than the federal limits of 10 tons per year and 25 tons per year. If campus operations — or the campus as a whole — are a major source for air toxics emissions, you may have to control emissions or get an operating permit for the campus. See Clean Air Act — Permitting.
If your campus operates any activities or operations on the source category list, determine, with your state regulators, what control standards and permit requirements exist. Note that reciprocating internal combustion engines, as used in stationary emergency generators, have MACT standards. See Clean Air Act — Permitting.
If your campus meets the requirements for risk management plans, create one. See Clean Air Act — Risk Management Plans.