Introduction

This Fact Sheet explains what area sources are and the types of hazardous air pollutant regulations that apply to them. A majority of federal air regulations only apply to major sources, therefore minor sources are often less familiar with these standards. In addition, many of these standards apply not to the industry type but to activities that can be found in a wide range of industries. This can be an added challenge for smaller sources that are less familiar with the standards. The intent here is to clarify how and when area source requirements apply.

Background

The 1990 Clean Air Act amendments directed EPA to set standards for all major sources of air toxics and some minor sources that are of particular concern. The resulting National Emissions Standards for Hazardous Air Pollutants (NESHAPs) regulate hazardous air pollutants (HAPs), often also referred to as air toxics, from stationary sources. Standards were first developed for major HAP sources, but recently EPA has given more attention to standards for area sources. Area sources are smaller-sized facilities that release lesser amounts of toxic pollutants into the air. By definition, area sources emit less than 10 tons per year of a single air toxic or less than 25 tons per year of a combination of air toxics.

Regulated area sources

There are currently 68 area source NESHAP standards that cover a wide range of air emission sources. Like most federal regulations, each standard is referred to by the standard title as well as the subpart. However, the subpart “nickname” looks a little different with these standards. Because of the number of NESHAP standards, the subparts have run though the alphabet multiple times and each subpart can have multiple letters representing it. For example, 40 CFR 63 Subpart AAAAAAA (often simple referred to as “Subpart 7A”) is the area source NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing.

Common requirements in area source standards

While the covered source types are varied, many of the elements within the standards are similar. For instance, compliance obligations are broken into existing and new classifications. This often results in the “grandfathering in” of older operations Other common items include:

• Submittal of an initial notification of applicability.
• Submittal of annual or semiannual reports, also called “certification of compliance” or non-compliance “self-reporting.” Report due dates for these are often July 31 and January 31.
• Written monitoring, quality assurance, and/or start-up, shutdown, and malfunction requirements.
• Operating limits with variety of mechanisms to verify compliance through performance testing, emission monitoring, fuel sampling, best practices (equipment maintenance, tune-ups, calibration, etc.), and more.

Challenges in implementing area source NESHAPs

1. Most source specific subparts include a section that shows applicability to the NESHAP General Provisions found in 40 CFR 63 Subpart A. These general requirements are often overlooked because they are not embedded in the source-specific subpart.
2. There is a delay from when new and revised standards are finalize to when they come into effect (promulgated). This is done for good reason, to give sources time to come into compliance or modify equipment, but this lag time increases the chance that the requirement is forgotten. This challenge is greatest in facilities without dedicated EHS staff or that have higher turnover.
3. Roles related to compliance with these standards, are often shared through many parts of a source organization. Records and compliance activities tend to involve multiple departments computer systems, and people (operations, manufacturing, maintenance, quality, etc.) making coordination by the EHS leader a challenge.

Applicable laws & regulations

40 CFR 61 – National Emission Standards for Hazardous Air Pollutants

40 CFR 62 – Approval and Promulgations of the State Plans for Designated Facilities and Pollutants

40 CFR 63 – National Emission Standards for Hazardous Air Pollutants for Source Categories

Related definitions

“Area source” means any stationary source of hazardous air pollutants that is not a major source.

“Major source” means 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 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.

Key to remember

Area source standards apply to industry types (i.e., smelters) and specific equipment or activities at a source (i.e., emergency generators and spray-painting applications). Making a thorough applicability determination for each standard is an important first step for area sources.

Real world example

An aerospace facility determined that it was an area source for HAP emissions and therefore assumed it did not have to comply with federal NESHAP standards. During an audit of the site, it was determined that the facility has missed a couple applicable area source standards.

The site had multiple emergency generators that were covered by 40 CFR 63 ZZZZ, “National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines,” (RICE) and a metal coating line that was covered by 40 CFR 63 WWWWWW (6W), “Plating and Polishing Operations (area sources).”