EPA removes RCRA and CERCLA exemptions from the NESHAP

The U.S. Environmental Protection Agency (EPA) implements the Clean Air Act. The Clean Air Act includes provisions to regulate air pollutants that are hazardous to human health or the environment. These hazardous air pollutants (HAPs) are regulated based on the sources that emit the pollutants under regulations known as the NESHAP.

On October 8, 2003, EPA enacted the Site Remediation NESHAP. The rule provided exemptions from the NESHAP requirements for site remediation conducted under the Comprehensive Environmental Response and Compensation Liability Act (CERCLA), known as Superfund, or under the Resource Conversation and Recovery Act (RCRA).

EPA exempted RCRA and CERCLA site remediation from the NESHAP requirements when they were first issued. At the time, EPA did not think these remedial activities were a significant contributor to HAP emissions. The RCRA and CERCLA cleanup programs were thought to be comparable to the NESHAP because site remediation conducted under RCRA and CERCLA is required to protect human health and the environment. The RCRA and CERCLA programs also provide opportunities for public comment and involvement, which is required under the Clean Air Act.

Soon after the Site Remediation NESHAP was issued, the Sierra Club and other environmental organizations requested that EPA reconsider the exemptions. They argued that the public did not have the opportunity to comment on the exemptions.

The reconsideration request began a long process of research, discussion and decision making. EPA now agrees that remediation at certain manufacturing facilities may contribute significantly to HAP emissions in spite of the RCRA or CERCLA requirements. Emissions from chemicals like benzene or toluene are highly toxic and can evaporate quickly into the air, affecting workers and nearby residents.

Kate notes the new regulation will apply to remediation occurring at facilities that emit more than 10 tons per year of a single HAP or more than 25 tons per year of combined HAPs. These facilities are typically large manufacturing plants, coating and painting operations, oil and gas facilities or other chemical plants.

"You have to be cleaning up a material defined in this regulatory citation, conducting onsite remediation and emitting HAPs above the major source threshold." Kate notes a few places will be exempted, such as gas stations, farms and residences.

The EPA estimates about 74 facilities will be affected, and 31 of those will be subject to only some of the requirements. notes the new regulation will apply to remediation occurring at facilities that emit more than 10 tons per year of a single HAP or more than 25 tons per year of combined HAPs. These facilities are typically large manufacturing plants, coating and painting operations, oil and gas facilities or other chemical plants.

If remediation began on or before May 13, 2016 (existing sources), you have until June 24, 2024 to comply with the new requirements.

Facilities that began construction or reconstruction after May 13, 2016 (new sources) needed to comply by December 22, 2022 or the initial startup date, whichever is later.

Clients might need to invest in specific equipment to reduce and control emissions. The equipment might include floating roof tanks or carbon beds. Facilities may be required to establish preventative maintenance procedures for specific equipment, including carbon changeout frequency and leak detection and repair programs. They will also need to meet recordkeeping requirements.

The regulatory changes require air emissions to be captured and controlled if over a certain level. Facilities that effectively remediate contaminants control the potential exposure for surrounding residents.

Call us. We can help you determine if the NESHAP applies. Then, we can explore the options to address applicable requirements and develop a plan to comply with the regulation.

As GHD’s air quality practice leader, Kate Graf has spent 25 years of her career doing air quality work as a consultant and a regulator. She works with clients to help them comply with regulations without adversely affecting their business.