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focus-area/environmental/air-programs
555137085
['Air Programs']

Air programs include the regulation, permitting, and monitoring of harmful air quality threats as established by the Clean Air Act. These regulations apply to emissions from factories, power plants, stationary/mobile sources, and more. Since air permitting can be complex, regulatory action is often handled by full-time environmental professionals like the Environmental Protection Agency to comply with the various requirements.

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Air programs

Air regulations apply to emissions from factories, power plants, heavy-duty equipment, various industrial activities, small businesses, and mobile sources (cars, trucks, ships, airplanes, and off-road vehicles). Air permitting can be technical, complex, expensive, and have oversight from multiple agencies, at the federal, state, and local levels. To top it off, air regulations change frequently. Because of this challenging complexity, many facilities hire full-time environmental professionals to comply with the various estimating, monitoring, permitting, and reporting requirements of the Clean Air Act (CAA).

The CAA is the U.S. federal law designed to protect people and the environment from air pollution. First enacted in 1970, the CAA was amended in 1977 and 1990 to address the protection of the ozone layer, reducing acid rain and toxic pollutants, and improving air quality and visibility.

Summary of air program requirements

  • Know if the company is a major stationary source or an area source of air emissions of any air pollutant.
  • Inventory processes for possible air emissions and work with the state air permitting agency for the permits that may apply to the company.
  • If the company is planning to build a new facility, make major modifications, add equipment or change processes that could increase air emissions, contact the state to apply for preconstruction permits.
  • If the company owns a commercial motor vehicle or transportation-related company, understand the regulations that apply to mobile sources, including state-specific fuel efficiency rules.
  • Operate within permit limitations to avoid enforcement actions.
  • Refineries and fuel suppliers, gas stations, and other motor fuel-related industries must understand the laws relating to emissions and to renewable fuels.
  • If the company has refrigerating equipment or are a refrigerator/air conditioner technician, be sure to know the regulations for ozone-depleting substances.

What’s in the CAA?

  • The CAA is divided into seven distinct titles.

The Clean Air Act (CAA) is divided into seven distinct titles that address different air pollution criteria, permitting, and enforcement.

  • Title I — Air pollution prevention and control includes provisions for attaining and maintaining the national ambient air quality standards (NAAQS). The Environmental Protection Agency (EPA) has used health-based criteria in order to set the allowable limits for common air pollutants, known as criteria air pollutants. The agency then developed a primary standard in order to protect human health, and a secondary standard in order to prevent environmental and property damage. An area that meets the primary standards is called an attainment area. An area that does not meet the primary standards is called a nonattainment area. Depending upon the degree to which a nonattainment area exceeds the standard, that area will be required to implement various control programs and achieve attainment of the NAAQS within a specified time frame. Also in Title I, is the requirement for reasonably available control technology (RACT). Stationary sources must use RACT to control air emissions. Mobile source control measures include vehicle inspection and maintenance (I/M) programs to reduce carbon monoxide and precursors to ozone. Last, Title I requires states to develop State Implementation Plans (SIPs) that explain how a state will comply with the CAA. The EPA must approve the SIP for the state to have authority to enforce the CAA.
  • Title II – Emission standards for moving sources establishes requirements for mobile sources, including tailpipe emissions standards for hydrocarbons, carbon monoxide, and nitrogen oxides. Title II also requires tailpipe standards for carbon monoxide under cold temperature conditions, and cleaner gasoline to be used in U.S. cities with the worst ozone problems. The EPA is required to develop regulations on the general fleet program and credits program, and is also required to issue regulations with respect to converting conventional vehicles to clean fuel vehicles.
  • Title III – Hazardous air pollutants (HAPs) identifies 187 air pollutants suspected of causing cancer or health problems and authorizes the EPA to identify sources and set required, technology-based controls to reduce these emissions. For each listed source category, the EPA will issue standards requiring the maximum degree of emissions reduction that has been demonstrated to be achievable. These are commonly referred to as maximum achievable control technology (MACT) standards. Title III also includes provisions to prevent accidental releases of hazardous pollutants. Any facility at which a listed pollutant is present at greater than a threshold quantity is required to prepare and implement a risk management plan (RMP). The plan must address how the facility will detect and prevent, or minimize, accidental releases. This title also created the Chemical Safety and Hazard Investigation Board (CSB), an independent safety board responsible for investigating any accidental release that results in a fatality or substantial property damage.
  • Title IV – Acid deposition control addresses the control of pollutants associated with acid rain. The goal of this title is to achieve a 10-million-ton reduction of sulfur dioxide and an approximate 2-million-ton reduction in nitrogen oxides (relative to 1980 levels).
  • Title V – Operating permits establishes the major source, federal permitting program. The Act enables states to collect permit fees from affected sources to cover reasonable direct and indirect operating costs for the permit program. A permit is to be issued for a fixed term, not to exceed five years. Though administration will be conducted by states with approved programs, the EPA will still assume federal oversight responsibilities and all permits will be subject to public comment. Title V also includes a provision requiring states to establish, as part of their SIP, a small business stationary source technical and environmental compliance assistance program.
  • Title VI – Stratospheric ozone protection expands upon the Revised Montreal Protocol that was negotiated by the United States to address the depletion of the ozone layer. The law requires a complete phase-out of chlorofluorocarbons (CFCs) and halons with interim reductions. Ozone-depleting substances are to be grouped into two classes. Class I chemicals (CFCs, halons, carbon tetrachloride, and methyl chloroform) were to be entirely phased out by 2002. Class II chemicals (hydrochlorofluorocarbons) will be phased out by 2030.
  • Title VII – Provisions relating to enforcement provide for felony penalties for knowing violations of the CAA and misdemeanor penalties for negligent releases of hazardous pollutants. The EPA can issue administrative enforcement penalties orders of up to $200,000 and administrative orders with compliance schedules of up to 12 months. The agency also has the authority to establish through regulation a field citation program for minor violations, where citations may be issued onsite during an inspection for up to $5,000 per day of violation. This law significantly expands a citizen’s authority to enforce CAA requirements, and citizen suits may include the assessment of civil penalties. The law also permits monetary awards of up to $10,000 to be made to citizens who provide information leading to a criminal conviction or a civil penalty.

State Implementation Plans (SIPs)

  • CAA requires the EPA to examine requirements of the federally enforceable SIPs in each state every three years.
  • The EPA will impose a federal implementation plan whenever it finds a state plan to be inadequate or if the state is not able to create its own plan.

The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to examine the requirements of the federally enforceable State Implementation Plans (SIPs) in each state every three years, and to make its findings available to the public. SIPs are a state’s plan for attaining and/or maintaining the primary and secondary national ambient air quality standards (NAAQS). They are developed through a public process, formally adopted by the state, and submitted by a governor’s designee to the EPA.

The elements of SIPs include:

  • Emission inventories,
  • A monitoring network,
  • An air quality analysis, modeling,
  • Attainment demonstrations,
  • Enforcement mechanisms, and
  • Regulations which have been adopted by the state to attain or maintain the NAAQS.

The regulatory requirements for preparing, adopting, and submitting SIPs and SIP revisions are found in 40 CFR Part 51, and the EPA’s action on each state’s SIP is listed at 40 CFR Part 52.

The EPA will impose a federal implementation plan whenever it finds a state plan to be inadequate or if the state is not able to create its own plan.

In addition to addressing NAAQS, states in nonattainment areas must include a New Source Review (NSR) permitting program. States that are in attainment must submit Prevention of Significant Deterioration (PSD) permitting programs.

Most SIPs are available for viewing on state websites. They can also be accessed by searching the state name in the Federal Register archives.

What emissions are covered by the CAA?

  • Criteria pollutants, greenhouse gases, hazardous air pollutants, and ozone-depleting substances are covered under the CAA.
  • The six criteria pollutants are carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide.

Cited under 40 CFR Parts 50-99, the Clean Air Act (CAA) authorizes the Environmental Protection Agency (EPA) to establish air quality standards to protect public health and public welfare and to regulate emissions of air pollutants from stationary and mobile sources.

Emissions covered under the CAA include:

  • Six common air pollutants known as “criteria pollutants,”
  • Greenhouse gasses (GHGs),
  • Hazardous air pollutants (HAPs), and
  • Ozone-depleting substances (ODS).

Criteria pollutants

One of the primary goals of the national ambient air quality standards (NAAQS) is to encourage or otherwise promote reasonable federal, state, and local governmental actions for pollution prevention, and the Environmental Protection Agency (EPA) has set air quality standards for six common “criteria pollutants.”

  • Carbon monoxide (CO) is a colorless, odorless, and (at high levels) poisonous gas that is formed when carbon in fuels is partially burned. It is found in motor vehicle exhaust, carbon black manufacturing, other types of fuel combustion, and natural sources such as wildfires. Exposure to high CO levels can cause impairment in visual perception, manual dexterity, learning ability, and performance of complex tasks.
  • Lead (Pb) is a metal found in natural sources and in manufactured products. Major sources of lead emissions are ore and metals processing, waste incinerators, utilities, and lead-acid battery manufacturing.
  • Nitrogen dioxide (NO2) is a brownish, highly reactive gas that can irritate the lungs and lead to bronchitis, pneumonia, and other respiratory infections. NO2 forms in the atmosphere through the oxidation of the primary air pollutant nitric oxide (NOx), which forms when fuel is burned at high temperatures. Two major emissions sources are the transportation sector and stationary fuel combustion sources such as electric utilities and industrial boilers.
  • Ozone (O3) is a gas that is found in two distinct forms, upper atmospheric and ground level. O3 can be “good” or “bad” for human health and the environment, depending upon its location in the atmosphere. Considered “bad” at ground level, O3 acts as a pollutant and a significant health risk, especially for people with asthma. It can also damage vegetation and is a major component of smog. In the upper atmosphere, however, O3 acts as a natural shield, protecting the Earth from harmful solar ultraviolet rays. This stratospheric ozone layer has been depleted by other human-made chemicals such as chlorofluorocarbons (CFCs).
  • Particulate matter (PM) is a complex mixture of extremely small particles and liquid droplets. PM can be made up of several components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. The size of the particle is directly linked to its potential for causing health problems, and the EPA sets limits for particles that are 10 micrometers in diameter or smaller because those can pass through the throat and nose and enter the lungs, where they can cause serious health effects. Regulated PM is grouped into two categories:
    1. Inhalable coarse particles, such as those found near roadways and “dusty” industrial processes. These are larger than 2.5 micrometers and smaller than 10 micrometers in diameter; and
    2. Fine particles, such as those found in smoke and haze, that are 2.5 micrometers in diameter and smaller. They can be directly emitted from sources such as forest fires, or they can form when gases emitted from power plants, industries, and vehicles react in the atmosphere.
  • Sulfur dioxide (SO2) is a primary contributor to acid deposition, or acid rain. SO2 in the atmosphere results largely from stationary sources such as steel mills, refineries, pulp and paper mills, nonferrous smelters, and industrial processes using coal and oil combustion. High concentrations of SO2 may affect breathing and may aggravate existing respiratory and cardiovascular disease, especially for people with asthma, bronchitis, or emphysema.

Under the Clean Air Act (CAA), the EPA is required to revise the NAAQS for each of these criteria pollutants every five years. Affected facilities must contact their state agencies to begin the air permitting process for new construction or significant modifications to the facility or new operations that will affect the facility’s emissions of these criteria pollutants into the air.

Primary and secondary NAAQS

  • Primary NAAQS protect everyone including “sensitive populations” from health risk.
  • Secondary NAAQS address decreased visibility and damage to crops and vegetation, buildings and property, and ecosystems.

The Environmental Protection Agency (EPA) sets requirements for both primary and secondary national ambient air quality standards (NAAQS) at a national level. Primary NAAQS protect everyone including “sensitive populations” (e.g., children, people with asthma, and the elderly) from health risk. Secondary NAAQS address decreased visibility and damage to crops and vegetation, buildings and property, and ecosystems. The standards correspond to a specific averaging time, and some pollutants have standards for more than one averaging time.

The current primary and secondary NAAQS are listed in the table below. The units of measure are parts per million (ppm) by volume, parts per billion (ppb) by volume, and micrograms per cubic meter of air (µg/m3).

Primary and Secondary NAAQS
PollutantPrimary/ SecondaryAveraging TimeLevelForm
Carbon Monoxide (CO)primary8 hours9 ppmNot to be exceeded more than once per year
1 hour35 ppm
Lead (Pb)primary and secondaryRolling 3-month average0.15 ?g/m 3 (1)Not to be exceeded
Nitrogen Dioxide (NO2)primary1 hour100 ppb98th percentile of 1-hour daily maximum concentrations, averaged over 3 years
primary and secondary1 year53 ppb (2)Annual Mean
Ozone (O3)primary and secondary8 hours0.070 ppm (3)Annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years
Particle Pollution (PM)PM 2.5primary1 year12.0 ?g/m 3annual mean, averaged over 3 years
secondary
primary and secondary1 year15.0 ?g/m 3
PM 10primary and secondary24 hours35 ?g/m 3annual mean, averaged over 3 years
98th percentile, averaged over 3 years
24 hours150 ?g/m 3Not to be exceeded more than once per year on average over 3 years
Sulfur Dioxide (SO2)primary1 hour75 ppm (4)99th percentile of 1-hour daily maximum concentrations, averaged over 3 years
secondary3 hours0.5 ppmNot to be exceeded more than once per year
(1) In areas designated nonattainment for the Pb standards prior to the promulgation of the current (2008) standards, and for which implementation plans to attain or maintain the current (2008) standards have not been submitted and approved, the previous standards (1.5 µg/m3 as a calendar quarter average) also remain in effect.
(2) The level of the annual NO2 standard is 0.053 ppm. It is shown here in terms of ppb for the purposes of clearer comparison to the one-hour standard level.
(3) Final rule signed October 1, 2015, and effective December 28, 2015. The previous (2008) O3 standards additionally remain in effect in some areas. Revocation of the previous (2008) O3 standards and transitioning to the current (2015) standards will be addressed in the implementation rule for the current standards.
(4) The previous SO2 standards (0.14 ppm 24-hour and 0.03 ppm annual) will additionally remain in effect in certain areas: (1) any area for which it is not yet one year since the effective date of designation under the current (2010) standards, and (2) any area for which an implementation plan providing for attainment of the current (2010) standard has not been submitted and approved and which is designated nonattainment under the previous SO2 standards or is not meeting the requirements of a State Implementation Plan (SIP) call under the previous SO2 standards (40 CFR 50.4(3)). A SIP call is an EPA action requiring a state to resubmit all or part of its State Implementation Plan to demonstrate attainment of the required NAAQS.

Attainment and nonattainment areas

  • Facilities in nonattainment areas will be subject to more restrictive permitting, and to mandated federal pollution control measures.

The United States is divided into different geographic areas known as “attainment areas.” An area that does not meet its national ambient air quality standards (NAAQS) is called a nonattainment area, and the Clean Air Act (CAA) requires each state to develop a State Implementation Plan (SIP) to identify sources of pollution and determine which reductions are required to meet federal air quality standards. Being out of attainment (i.e., nonattainment) can result in an area losing federal funding for highways and other transportation projects.

Facilities in nonattainment areas will be subject to more restrictive permitting, and the area will be subject to mandated federal pollution control measures. In addition, the federal government can impose special requirements for vehicles, such as emissions testing, that can affect ordinary citizens. Certain fuel blends may also be required for the area.

Once an area is found to be in nonattainment, the state, county, or area has three years to address the pollution and create an implementation plan describing how it will meet and maintain the standards. The plan must address reducing the criteria pollutants through pollution controls for stationary sources and vehicle emissions testing requirements for mobile sources.

Greenhouse gases

  • Carbon dioxide, methane, nitrous oxide, and fluorinated gases are all greenhouse gases regulated by the EPA.
  • The impact to climate from each greenhouse gas depends on three main factors.

Greenhouse gases (GHGs) are gases that trap heat in the atmosphere, and the Environmental Protection Agency (EPA) regulates the reduction of human-made emissions of GHGs through various programs, including preconstruction permitting and operating permits. The EPA also inventories GHS emissions from the largest sources in the United States through the Greenhouse Gas Reporting Program, cited under 40 CFR 98.

Stationary sources that are already covered by preconstruction, operating permits, or other air permits may also need to include GHG emissions in their permitting calculations, and large stationary sources in 41 industrial categories covered under the Greenhouse Gas Reporting Program need to track their greenhouse gas emissions and report them to the EPA every year.

Regulated GHGs

The greenhouse gases (GHGs) regulated by the EPA are:

  • Carbon dioxide (CO2), which enters the atmosphere through burning fossil fuels (coal, natural gas, and oil), solid waste, trees and wood products, and as a result of certain chemical reactions (e.g., the manufacturing of cement). Carbon dioxide is removed from the atmosphere (or “sequestered”) when it is absorbed by plants as part of the biological carbon cycle.
  • Methane (CH4) is emitted during the production and transport of coal, natural gas, and oil. Methane emissions also result from livestock and other agricultural practices and by the decay of organic waste in municipal solid waste landfills.
  • Nitrous oxide (N2O) is emitted during agricultural and industrial activities, as well as during combustion of fossil fuels and solid waste.
  • Fluorinated gases, including hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride, are synthetic, powerful GHGs that are emitted from a variety of industrial processes. Fluorinated gases are sometimes used as substitutes for stratospheric ozone-depleting substances (e.g., chlorofluorocarbons, hydrochlorofluorocarbons, and halons). These gases are typically emitted in smaller quantities, but because they are potent greenhouse gases, they are sometimes referred to as high Global Warming Potential (GWP) gases.

GHG emissions are measured in parts per million, parts per billion, or parts per trillion. One part per million is roughly equal to one drop of water spread into 13 gallons of liquid.

Each gas's effect on climate change depends on three main factors:

  1. How much of these gases are in the atmosphere. Concentration, or abundance, is the amount of a particular gas in the air. Larger emissions of GHGs lead to higher concentrations in the atmosphere.
  2. How long they stay in the atmosphere. Each of these gases can remain in the atmosphere for different amounts of time, ranging from a few years to thousands of years. All these gases remain in the atmosphere long enough to become well mixed, meaning that the amount that is measured in the atmosphere is roughly the same all over the world, regardless of the source of the emissions.
  3. How strongly they impact the atmosphere. Some gases have higher global warming potentials, meaning they have more of a heat-trapping effect at lower levels than other GHGs.

Global Warming Potential

  • Gases with a higher GWP absorb more energy, per pound, than gases with a lower GWP, and thus contribute more to warming the Earth.

For each greenhouse gas (GHG), a Global Warming Potential (GWP) has been calculated to reflect how long it remains in the atmosphere (on average) and how strongly it absorbs energy. Gases with a higher GWP absorb more energy, per pound, than gases with a lower GWP, and thus contribute more to warming the Earth.

The GWP, also known as “carbon dioxide equivalent,” allows comparisons of the global warming impacts of different gases. Specifically, it measures how much energy the emissions of one ton of a gas will absorb over a given period relative to the emissions of one ton of carbon dioxide (CO2). The time period usually used for GWPs is 100 years.

  • CO2, by definition, has a GWP of one regardless of the time period used, because it is the gas being used as the reference. CO2 remains in the climate system for a very long time; CO2 emissions cause increases in atmospheric concentrations of CO2 that will last thousands of years.
  • Methane (CH4) is estimated to have a GWP of 28–36 over 100 years. CH4 emitted today lasts about a decade on average, which is much less time than CO2. But CH4 also absorbs much more energy than CO2. The net effect of the shorter lifetime and higher energy absorption is reflected in the GWP. The CH4 GWP also accounts for some indirect effects, such as the fact that CH4 is a precursor to ozone (O3), and O3 is itself a GHG.
  • Nitrous oxide (N2O) has a GWP 265–298 times that of CO2 for a 100-year timescale. N2O emitted today remains in the atmosphere for more than 100 years, on average.
  • Fluorinated gases such as chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) are sometimes called high-GWP gases because, for a given amount of mass, they trap substantially more heat than CO2. The GWPs for these gases can be in the thousands or tens of thousands.

Federal mandatory reporting

  • GHG reporting is required for sources that emit 25,000 metric tons or more of CO2 equivalent per year in the U.S.
  • There are three type of greenhouse gas source categories “all-in”, threshold, and stationary fuel combustion sources.

The Environmental Protection Agency’s (EPA’s) 2009 Mandatory Reporting of Greenhouse Gases Rule at 40 CFR 98 requires large sources and suppliers to report their emissions of greenhouse gases (GHGs) to the EPA. The reporting program is called the Greenhouse Gas Reporting Program (GHGRP).

According to the EPA, more than 13,000 facilities in the U.S. are covered by the GHGRP.

Part 98

Part 98 is divided into 43 subparts. Subpart A lists the general reporting and recordkeeping requirements to apply to all facilities and suppliers subject to the rule. It also contains the applicability provisions, the reporting schedule, and definitions.

Subpart A also contains the overarching requirements of the rule. For example, there are flow meter accuracy and calibration provisions that apply when they are specified in a particular subpart. The specific types of monitoring equipment needed is defined in the source category subpart, however.

Subparts C through UU contain specific requirements for each of the source categories covered by the rule. The company must follow all the subparts that pertain to the facility. For example, if the facility produces adipic acid and has fuel combustion sources, the company needs to read subpart C, general stationary fuel combustion sources, and subpart R for adipic acid production.

Each subpart defines the specific source category it covers and lists the monitoring methods, equations to calculate emissions, and specific data elements to report or record for that source category.

Who’s covered?

40 CFR part 98 requires reporting by 41 industrial categories. Reporting is required for sources that emit 25,000 metric tons or more of carbon dioxide (CO2) equivalent per year in the U.S. This includes 33 different types of direct emitters and six types of suppliers of fuel or industrial greenhouse gases. In addition, facilities that inject CO2 underground for geologic sequestration, enhanced oil recovery, or other purpose are subject to mandatory GHG reporting.

Applicability for facilities depends on the source categories located at the facility and, for some facilities, the emission level or production capacity. Reporting is at the facility level except for certain suppliers of fossil fuels and industrial greenhouse gases.

The emissions reporting requirements for direct emitting facilities are found in 40 CFR 98.3(c)(4), and the emissions reporting requirements for suppliers are found in 98.3(c)(5)

A facility is defined as the physical property, plant, building, structure, source, or stationary equipment:

  • On contiguous or adjacent properties;
  • In actual physical contact or separated solely by public roadway or other public right of way; and
  • Under common ownership or common control.

Once the company establishes the facility boundary, applicability depends on the source categories that are present. The rule defines three types of source categories:

  • “All-in” source categories,
  • Threshold categories, and
  • Stationary fuel combustion sources.

If the company has multiple source categories on site, do not designate the facility as being a single source category (for example, based on determining the predominant operation). Rather, evaluate each source category to assess applicability. Keep in mind that a facility with multiple source categories can become subject to the rule because of just one category. But if the company is subject to the rule, then the GHG report must cover ALL source categories for which methods are provided in the rule — not just the source category that triggered applicability.

State GHG reporting

  • At least 21 states have GHG reporting requirements that differ from the federal GHG reporting requirements.

At least 21 states have greenhouse gas (GHG) reporting requirements that differ from the federal GHG reporting requirements. For example, Washington State’s Clean Air Rule calls for industries to report on 10,000 metric tons or more of carbon dioxide (CO2) or CO2 equivalents — by contrast, the federal reporting threshold is 25,000 metric tons or more of CO2 equivalents. North Carolina, however, encourages but does not require GHG reporting from large, permitted facilities.

Some states piggyback off the federal GHG Reporting Program (GHGRP) and extract state-specific data from the report, and states may also have GHG reporting deadlines that are different from the annual federal deadline of March 31.

The bottom line is that the company must know whether the state has additional GHG reporting requirements for the industry or the facility’s emissions. The following states have different or additional GHGRP requirements:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Washington
  • West Virginia

Hazardous air pollutants

  • HAPs are pollutants that are known or suspected to cause cancer, other serious health effects, or adverse environmental effects.
  • The CAA requires the EPA to regulate HAPs from large industrial facilities in two phases.

The National Emissions Standards for Hazardous Air Pollutants (NESHAPs) are standards for stationary sources of hazardous air pollutants (HAPs). HAPs are pollutants that are known or suspected to cause cancer, other serious health effects (such as reproductive effects or birth defects), or adverse environmental effects. HAPs are often referred to as air toxics.

Each NESHAP standard can be delegated to a state, although the Environmental Protection Agency (EPA) and the states both implement and enforce the standards. The EPA works with states, local governments, tribal governments to reduce air emissions for 187 specific HAPs. The Clean Air Act (CAA) requires the EPA to regulate HAPs from large industrial facilities in two phases:

  • Phase 1 is technology-based. The EPA develops standards for controlling HAPs emissions from sources in an industry group and/or source category. These are the maximum achievable control technology (MACT) standards. MACT standards are based on emissions levels that are already being achieved by the lowest emitting sources in an industry.
  • Phase 2 is a risk-based approach, called residual risk. The CAA requires the EPA to determine whether more health-protective standards are necessary. Within eight years of setting the MACT standards, the EPA must assess the remaining health risks from each source category for the effectiveness of the MACT standards to protect public health with an “ample margin of safety,” and against environmental effects.

Every eight years after setting the MACT standards, the EPA must review and revise the standards, if necessary, to account for improvements in air pollution controls and prevention techniques. The first eight-year review, when combined with the residual risk review, is called the risk and technology review (RTR).

To comply with the NESHAPs, the company needs to know the industrial source category (e.g., oil and gas, aluminum manufacturing, etc.), and whether they are a major or minor source of toxic air emissions. Depending on the source category and emissions, compliance will include:

  • Performing an initial performance test to demonstrate compliance with the NESHAPs.
  • Monitoring and reports.
  • Installing and operating continuous emission monitors (if required).
  • Detecting and repairing leaking or malfunctioning equipment.

HAP list

  • There are 187 HAPs that the EPA is required to regulate under the CAA.

The current list of hazardous air pollutants (HAPs) that the Environmental Protection Agency (EPA) is required to regulate under the Clean Air Act (CAA) includes 187 chemicals, enumerated in the table below by their Chemical Abstracts Service (CAS) numbers and chemical names.

NOTE: For all listings below which contain the word “compounds” and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.

CAS NumberChemical Name
75070 Acetaldehyde
60355Acetamide
75058Acetonitrile
98862Acetophenone
539632-Acetylaminofluorene
107028Acrolein
79061Acrylamide
79107Acrylic acid
107131Acrylonitrile
107051Allyl chloride
926714-Aminobiphenyl
62533Aniline
90040o-Anisidine
1332214Asbestos
71432Benzene (including benzene from gasoline)
92875Benzidine
98077Benzotrichloride
100447Benzyl chloride
92524Biphenyl
117817Bis(2-ethylhexyl)phthalate (DEHP)
542881Bis(chloromethyl)ether
75252Bromoform
1069901,3-Butadiene
156627Calcium cyanamide
105602Caprolactam
133062Captan
63252Carbaryl
75150Carbon disulfide
56235Carbon tetrachloride
463581Carbonyl sulfide
120809Catechol
133904Chloramben
57749Chlordane
7782505Chlorine
79118Chloroacetic acid
5322742-Chloroacetophenone
108907Chlorobenzene
510156Chlorobenzilate
67663Chloroform
107302Chloromethyl methyl ether
126998Chloroprene
1319773Cresols/Cresylic acid (isomers and mixture)
95487o-Cresol
108394m-Cresol
106445p-Cresol
98828Cumene
947572,4-D, salts and esters
3547044DDE
334883Diazomethane
132649Dibenzofurans
961281,2-Dibromo-3-chloropropane
84742Dibutylphthalate
1064671,4-Dichlorobenzene(p)
919413,3-Dichlorobenzidene
111444Dichloroethyl ether (Bis(2-chloroethyl)ether)
5427561,3-Dichloropropene
62737Dichlorvos
111422Diethanolamine
121697N,N-Dimethylaniline
64675Diethyl sulfate
1199043,3-Dimethoxybenzidine
60117Dimethyl aminoazobenzene
1199373,3'-Dimethyl benzidine
79447Dimethyl carbamoyl chloride
68122Dimethyl formamide
571471,1-Dimethyl hydrazine
131113Dimethyl phthalate
77781Dimethyl sulfate
5345214,6-Dinitro-o-cresol, and salts
512852,4-Dinitrophenol
1211422,4-Dinitrotoluene
1239111,4-Dioxane (1,4-Diethyleneoxide)
1226671,2-Diphenylhydrazine
106898Epichlorohydrin (l-Chloro-2,3-epoxypropane)
1068871,2-Epoxybutane
140885Ethyl acrylate
100414Ethyl benzene
51796Ethyl carbamate (Urethane)
75003Ethyl chloride (Chloroethane)
106934Ethylene dibromide (Dibromoethane)
107062Ethylene dichloride (1,2-Dichloroethane)
107211Ethylene glycol
151564Ethylene imine (Aziridine)
75218Ethylene oxide
96457Ethylene thiourea
75343Ethylidene dichloride (1,1-Dichloroethane)
50000Formaldehyde
76448Heptachlor
118741Hexachlorobenzene
87683Hexachlorobutadiene
77474Hexachlorocyclopentadiene
67721Hexachloroethane
822060Hexamethylene-1,6-diisocyanate
680319 Hexamethylphosphoramide
110543Hexane
302012Hydrazine
7647010Hydrochloric acid
7664393Hydrogen fluoride (Hydrofluoric acid)
7783064Hydrogen sulfide
123319Hydroquinone
78591Isophorone
58899Lindane (all isomers)
108316Maleic anhydride
67561Methanol
72435Methoxychlor
74839Methyl bromide (Bromomethane)
74873Methyl chloride (Chloromethane)
71556Methyl chloroform (1,1,1-Trichloroethane)
78933Methyl ethyl ketone (2-Butanone)
60344Methyl hydrazine
74884Methyl iodide (Iodomethane)
108101Methyl isobutyl ketone (Hexone)
624839Methyl isocyanate
80626Methyl methacrylate
1634044Methyl tert butyl ether
1011444,4-Methylene bis(2-chloroaniline)
75092Methylene chloride (Dichloromethane)
101688Methylene diphenyl diisocyanate (MDI)
1017794,4'-Methylenedianiline
91203Naphthalene
98953Nitrobenzene
929334-Nitrobiphenyl
1000274-Nitrophenol
794692-Nitropropane
684935N-Nitroso-N-methylurea
62759N-Nitrosodimethylamine
59892N-Nitrosomorpholine
56382Parathion
82688Pentachloronitrobenzene (Quintobenzene)
87865Pentachlorophenol
108952Phenol
106503p-Phenylenediamine
75445Phosgene
7803512Phosphine
7723140Phosphorus
85449Phthalic anhydride
1336363Polychlorinated biphenyls (Aroclors)
11207141,3-Propane sultone
57578beta-Propiolactone
123386Propionaldehyde
114261Propoxur (Baygon)
78875Propylene dichloride (1,2-Dichloropropane)
75569Propylene oxide
755581,2-Propylenimine (2-Methyl aziridine)
91225Quinoline
106514Quinone
100425Styrene
96093Styrene oxide
17460162,3,7,8-Tetrachlorodibenzo-p-dioxin
793451,1,2,2-Tetrachloroethane
127184Tetrachloroethylene (Perchloroethylene)
7550450Titanium tetrachloride
108883Toluene
958072,4-Toluene diamine
5848492,4-Toluene diisocyanate
95534o-Toluidine
8001352Toxaphene (chlorinated camphene)
1208211,2,4-Trichlorobenzene
790051,1,2-Trichloroethane
79016Trichloroethylene
959542,4,5-Trichlorophenol
880622,4,6-Trichlorophenol
121448Triethylamine
1582098Trifluralin
5408412,2,4-Trimethylpentane
108054Vinyl acetate
593602Vinyl bromide
75014Vinyl chloride
75354Vinylidene chloride (1,1-Dichloroethylene)
1330207Xylenes (isomers and mixture)
95476o-Xylenes
108383m-Xylenes
106423p-Xylenes
0Antimony compounds
Arsenic compounds (inorganic including arsine)
Beryllium compounds
Cadmium compounds
Chromium compounds
Cobalt compounds
Coke oven emissions
Cyanide compounds
Glycol ethers
Lead compounds
Manganese compounds
Mercury compounds
Fine mineral fibers
Nickel compounds
Polycyclic organic matter
Radionuclides (including radon)
Selenium compounds

Major and minor sources

  • The EPA regulates major and minor stationary sources of HAPs.
  • Major sources that take steps to upgrade their facilities or install pollution-reduction equipment can potentially be reclassified as area sources.
  • While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread.

The Environmental Protection Agency (EPA) regulates two types of stationary sources of hazardous air pollutants (HAPs):

  • Major sources are those that emit 10 tons per year (tpy) of any of the 187 listed toxic air pollutants, or 25 tpy of a mixture of air toxics. These sources may release air toxics from equipment leaks, during the transfer of materials, or during discharge through emissions stacks or vents.
  • Area sources (or minor sources) are smaller-sized facilities that release lesser amounts of toxic pollutants into the air. Area sources emit less than 10 tpy of a single air toxic or less than 25 tpy of a combination of air toxics.

The 1990 Clean Air Act (CAA) amendments directed the EPA to set standards for all major sources of air toxics and some area sources that are of particular concern.

Major sources

For major sources, the EPA establishes maximum achievable control technology (MACT) standards. The EPA applies MACT standards for most source categories based on the emission controls that are being achieved by the best-controlled sources in that category. While MACT standards for existing major sources may be less stringent than for new sources, existing sources must meet one of the following:

  1. For sources in categories or subcategories containing 30 or more sources, at least as stringent as the average emission limitation met by the best performing 12 percent of existing sources.
  2. For source in categories containing less than 30 sources, at least as stringent as the average emission limitation met by the best performing five sources.

MACT can be limits on emissions of HAPs, or it can involve technology requirements for controlling emissions. When setting MACTs, the EPA must consider the cost, energy consumption, and other environmental consequences such as waste disposal and water quality.

If the company is a major source of HAPs, they must meet certain emission performance standards, which involves:

  1. Meeting air pollution control limits set by the federal government based on performance standards that have been achieved in practice by a similar industry, process, or equipment.
  2. Obtaining a Title V operating permit.

In the past, once a business qualified as a major source, the business had to continue as a major source, even if it reduced its emissions to below major source levels. However, a January 2018 memo from the EPA reversed this long-standing policy known as “once in, always in.” This means that major sources can take steps to upgrade their facilities or install pollution-reduction equipment and potentially be reclassified as area sources.

Area (or minor) sources

A facility that cannot emit a level of criteria pollutants or HAPs equal to a major source is called an area source (or minor source). To be an area source, the business must:

  • Have a potential to emit (PTE) below major source levels, or
  • Have a PTE at or above major source levels, but limit its operations or emissions. These businesses must obtain an operating permit from the state air pollution control agency which places limits on the facility’s operations or emissions. This could include specific restrictions or requirements on:
    • The use, operation, and maintenance of air pollution control equipment;
    • Operating time;
    • The types and amounts of input materials used (e.g., fuel or solvents); and
    • Recordkeeping and reporting.

While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread. The collective emissions from area sources can add up to more than the emissions from major sources. Examples of area sources are gas stations and dry cleaners, and these area sources may also be subject to regulation.

The EPA says that to use a limitation to reduce the maximum capacity and be considered an area source, the limitation must be an unchanging and unavoidable physical constraint. The constraint(s) must result in predictable upper limits on the facility operations and capacity.

Area sources must meet generally available control technology (GACT). These are less stringent standards than those required by major sources and are usually easier to meet.

NESHAP source category list

  • There are numerous NESHAP source categories each with unique subparts under which they are regulated.

The following table lists source categories under the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and the subpart under which they are regulated.

Acrylic/Modacrylic Fiber (area sources) 40 CFR 63 Subpart LLLLLL (6L)
Aerospace40 CFR 63 Subpart GG
Asbestos40 CFR 61 Subpart M
Asphalt Processing and Asphalt Roofing Manufacturing40 CFR 63 Subpart LLLLL
Asphalt Processing and Asphalt Roofing Manufacturing (area sources)40 CFR 63 Subpart AAAAAAA (7A)
Auto and Light Duty Truck Surface Coating40 CFR 63 Subpart IIII
Auto Body Refinishing (area sources) - see Paint Stripping and Miscellaneous Surface Coating Operations
Benzene Transfer Operations40 CFR 61 Subpart BB
Benzene Waste Operations40 CFR 61 Subpart FF
Beryllium40 CFR 61 Subpart C
Beryllium Rocket Motor Firing40 CFR 61 Subpart D
Boat Manufacturing40 CFR 63 Subpart VVVV
Boilers (see Industrial-Commercial-Institutional Boilers)
Brick and Structural Clay Products Manufacturing (see also Clay Ceramics)40 CFR 63 Subpart JJJJJ
Carbon Black Production (area sources)40 CFR 63 Subpart MMMMMM (6M)
Cellulose Products Manufacturing40 CFR 63 Subpart UUUU
Chemical Manufacturing Industry (area sources): CMAS40 CFR 63 Subpart VVVVVV (6V)
Chemical Preparations Industry (area sources)40 CFR 63 Subpart BBBBBBB (7B)
Chromium Electroplating40 CFR 63 Subpart N
Chromium Compounds (area sources)40 CFR 63 Subpart NNNNNN (6N)
Clay Ceramics Manufacturing (see also Brick and Clay Products)40 CFR 63 Subpart KKKKK
Clay Ceramics Manufacturing (area sources)40 CFR 63 Subpart RRRRRR (6R)
Coke Ovens: Charging, Top Side, and Door Leaks40 CFR 63 Subpart L
Coke Ovens: Pushing, Quenching, and Battery Stacks40 CFR 63 Subpart CCCCC
Coke Oven By-product Recovery Plants40 CFR 61 Subpart L
Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills (Pulp and Paper maximum achievable control technology (MACT) II) (see also Pulp and Paper noncombust MACT)40 CFR 63 Subpart MM
Commercial Sterilizers (see Ethylene Oxide Emission Standards for Sterilization Facilities)
Degreasing Organic Cleaners (see Halogenated Solvent Cleaners)
Dry Cleaning40 CFR 63 Subpart M
Electric Arc Furnace Steelmaking Facilities (area sources)40 CFR 63 Subpart YYYYY
Engine Test Cells/Stands (see also Beryllium Rocket Motor Firing)40 CFR 63 Subpart PPPPP
Ethylene Oxide Emission Standards for Sterilization Facilities (see also Hospital Ethylene Oxide Sterilizers)40 CFR 63 Subpart O
Fabric Printing, Coating and Dyeing40 CFR 63 Subpart OOOO
Ferroalloys Production (major sources)40 CFR 63 Subpart XXX
Ferroalloys Production (area sources)40 CFR 63 Subpart YYYYYY (6Y)
Flexible Polyurethane Foam Fabrication Operation40 CFR 63 Subpart MMMMM
Flexible Polyurethane Foam Production and Fabrication (area sources)40 CFR 63 Subpart OOOOOO (6-O)
Flexible Polyurethane Foam Production40 CFR 63 Subpart III
Friction Products Manufacturing40 CFR 63 Subpart QQQQQ
Gasoline Dispensing Facilities (area sources)40 CFR 63 Subpart CCCCCC (6C)
Gasoline Distribution (Stage 1)40 CFR 63 Subpart R
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (area sources)40 CFR 63 Subpart BBBBBB (6B)
Generic MACT I - Acetal Resins40 CFR 63 Subpart YY
Generic MACT I - Hydrogen Floride40 CFR 63 Subpart YY
Generic MACT I - Polycarbonates Production40 CFR 63 Subpart YY
Generic MACT I - Acrylic/Modacrylic Fibers40 CFR 63 Subpart YY
Generic MACT II - Spandex Production40 CFR 63 Subpart YY
Generic MACT II - Carbon Black Production40 CFR 63 Subpart YY
Generic MACT II - Ethylene Processes40 CFR 63 Subpart YY
Glass Manufacturing (area sources)40 CFR 63 Subpart SSSSSS (6S)
Glass Manufacturing - Inorganic Arsenic40 CFR 61 Subpart N
Gold Mine Ore Processing and Production (area sources)40 CFR 63 Subpart EEEEEEE (7E)
Halogenated Solvent Cleaning40 CFR 63 Subpart T
Hazardous Organic NESHAP (Synthetic Organic Chemical Manufacturing Industry)40 CFR 63 Subpart F, G, H, I
Hazardous Waste Combustors40 CFR 63 Subpart EEE
Hospital Ethylene Oxide Sterilizers (area sources) (see also Ethylene Oxide Sterilizers)40 CFR 63 Subpart WWWWW
Hydrochloric Acid Production40 CFR 63 Subpart NNNNN
Industrial, Commercial and Institutional Boilers and Process Heaters (major sources)40 CFR 63 Subpart DDDDD
Industrial, Commercial and Institutional Boilers (area sources) (see also Boiler Compliance at Area Sources)40 CFR 63 Subpart JJJJJJ (6J)
Industrial Process Cooling Towers40 CFR 63 Subpart Q
Inorganic Arsenic Emissions from Primary Copper Smelters40 CFR 61 Subpart O
Inorganic Arsenic from Arsenic trioxide and Metallic Arsenic Production40 CFR 61 Subpart P
Integrated Iron and Steel40 CFR 63 Subpart FFFFF
Iron and Steel Foundries (major sources)40 CFR 63 Subpart EEEEE
Iron and Steel Foundries (area sources)40 CFR 63 Subpart ZZZZZ
Large Appliances Surface Coating40 CFR 63 Subpart NNNN
Lead Acid Battery Manufacturing (area sources)40 CFR 63 Subpart PPPPPP (6P)
Leather Finishing Operations40 CFR 63 Subpart TTTT
Lime Manufacturing40 CFR 63 Subpart AAAAA
Magnetic Tape Surface Coating40 CFR 63 Subpart EE
Manufacturing Nutritional Yeast (formerly Baker's Yeast)40 CFR 63 Subpart CCCC
Marine Vessel Loading Operations40 CFR 63 Subpart Y
Mercury Cell Chlor-Alkali Plants40 CFR 63 Subpart IIIII
Mercury Production40 CFR 61 Subpart E
Metal Can Surface Coating40 CFR 63 Subpart KKKK
Metal Coil Surface Coating40 CFR 63 Subpart SSSS
Metal Fabrication and Finishing Source Nine Categories (area sources)40 CFR 63 Subpart XXXXXX (6X)
Metal Furniture Surface Coating40 CFR 63 Subpart RRRR
Mineral Wool Production40 CFR 63 Subpart DDD
Miscellaneous Coating Manufacturing40 CFR 63 Subpart HHHHH
Miscellaneous Metal Parts and Products Surface Coating40 CFR 63 Subpart MMMM
Misc. Organic Chemical Production and Processes (MON)40 CFR 63 Subpart FFFF
Municipal Solid Waste Landfills40 CFR 63 Subpart AAAA
Natural Gas Transmission and Storage40 CFR 63 Subpart HHH
Nonferrous Foundries: Aluminum, Copper, and Other (area sources)40 CFR 63 Subpart ZZZZZZ (6Z)
Off-Site Waste Recovery Operations40 CFR 63 Subpart DD
Oil and Natural Gas Production includes Area Sources40 CFR 63 Subpart HH
Oil-Water Separators and Organic-Water Separators40 CFR 63 Subpart VV
Organic Liquids Distribution (non-gasoline)40 CFR 63 Subpart EEEE
Paints and Allied Products Manufacturing (area sources)40 CFR 63 Subpart CCCCCCC (7C)
Paint Stripping and Miscellaneous Surface Coating Operations (area sources) (see also Collision Repair Campaign)40 CFR 63 Subpart HHHHHH (6H)
Paper and Other Web Surface Coating40 CFR 63 Subpart JJJJ
Pesticide Active Ingredient Production40 CFR 63 Subpart MMM
Petroleum Refineries40 CFR 63 Subpart CC
Petroleum Refineries40 CFR 63 Subpart UUU
Pharmaceuticals Production40 CFR 63 Subpart GGG
Phosphoric Acid40 CFR 63 Subpart AA
Phosphate Fertilizers40 CFR 63 Subpart BB
Plastic Parts Surface Coating40 CFR 63 Subpart PPPP
Plating and Polishing Operations (area sources)40 CFR 63 Subpart WWWWWW (6W)
Plywood and Composite Wood Products (formerly Plywood and Particle Board Manufacturing)40 CFR 63 Subpart DDDD
Polyether Polyols Production40 CFR 63 Subpart PPP
Polymers & Resins I40 CFR 63 Subpart U
Polymers & Resins II40 CFR 63 Subpart W
Polymers & Resins III40 CFR 63 Subpart OOO
Polymers & Resins IV40 CFR 63 Subpart JJJ
Polyvinyl Chloride and Copolymers Production40 CFR 63 Subpart HHHHHHH (7H)
Polyvinyl Chloride and Copolymers Production (area sources)40 CFR 63 Subpart DDDDDD (6D)
Portland Cement Manufacturing40 CFR 63 Subpart LLL
Prepared Feeds Manufacturing (area sources)40 CFR 63 Subpart DDDDDDD (7D)
Primary Aluminum40 CFR 63 Subpart LL
Primary Copper Smelting40 CFR 63 Subpart QQQ
Primary Copper Smelting (area sources)40 CFR 63 Subpart EEEEEE (6E)
Primary Lead Processing40 CFR 63 Subpart TTT
Primary Magnesium Refining40 CFR 63 Subpart TTTTT
Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium (area sources)40 CFR 63 Subpart GGGGGG (6G)
Printing and Publishing Surface Coating40 CFR 63 Subpart KK
Publicly Owned Treatment Works (POTW)40 CFR 63 Subpart VVV
Pulp and Paper (non-combust) MACT (see also Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills -Pulp and Paper MACT II)40 CFR 63 Subpart S
Reciprocating Internal Combustion Engines (RICE) includes area sources40 CFR 63 Subpart ZZZZ
Refractory Products Manufacturing40 CFR 63 Subpart SSSSS
Reinforced Plastic Composites Production40 CFR 63 Subpart WWWW
Rubber Tire Manufacturing40 CFR 63 Subpart XXXX
Secondary Aluminum40 CFR 63 Subpart RRR
Secondary Copper Smelting (area sources)40 CFR 63 Subpart FFFFFF (6F)
Secondary Lead Smelters40 CFR 63 Subpart X
Secondary Nonferrous Metals Processing (Brass, Bronze, Magnesium and Zinc) (area sources)40 CFR 63 Subpart TTTTTT (6T)
Semiconductor Manufacturing40 CFR 63 Subpart BBBBB
Shipbuilding and Ship Repair Surface Coating40 CFR 63 Subpart II
Site Remediation40 CFR 63 Subpart GGGGG
Solvent Extraction for Vegetable Oil Production40 CFR 63 Subpart GGGG
Stationary Combustion Turbines40 CFR 63 Subpart YYYY
Steel Pickling – Hydrochloric Acid (HCl Process40 CFR 63 Subpart CCC
Taconite Iron Ore Processing40 CFR 63 Subpart RRRRR
Utility NESHAP40 CFR 63 Subpart UUUUU
Vinyl Chloride40 CFR 61 Subpart F
Wet Formed Fiberglass Mat Production40 CFR 63 Subpart HHHH
Wood Building Products Surface Coating (formerly Flat Wood Paneling Products)40 CFR 63 Subpart QQQQ
Wood Furniture Surface Coating40 CFR 63 Subpart JJ
Wood Preserving (area sources)40 CFR 63 Subpart QQQQQQ (6Q)
Wool Fiberglass Manufacturing40 CFR 63 Subpart NNN
Wool Fiberglass Manufacturing (area sources)40 CFR 63 Subpart NN

Ozone-depleting substances

  • The sale or distribution of any refrigerant containing ozone-depleting CFCs or HCFCs is restricted to certified technicians.
  • In the U.S., ODS are regulated as Class I or Class II controlled substances.
  • Class I substances have a higher ozone depletion potential and have been completely phased out in the U.S. since 2002

The 1990 amendments to the Clean Air Act (CAA) added provisions for protecting the ozone layer. These amendments require the Environmental Protection Agency (EPA) to develop and implement regulations for managing ozone-depleting substances (ODS) in the United States. They also ensure the United States' commitment to implementing the Montreal Protocol.

Cited under 40 CFR 82Protection of Stratospheric Ozone, many ODS (i.e., all Class I substances and most Class II substances) should already be phased out of industrial, and current compliance with ODS regulations revolves around the servicing of stationary refrigeration and air conditioning (section 608 of the CAA) and motor vehicle air conditioners (section 609 of the CAA).

The sale or distribution of any refrigerant containing ozone-depleting chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs) is restricted to technicians certified under sections 608 or 609 of the CAA. CFC-12 in a container of less than 20 pounds may only be sold to technicians certified under section 609. Any person who sells or distributes CFC-12 in containers less than 20 pounds must verify that the purchaser has obtained certification by an EPA-approved section 609 technician training and certification program.

An exception to these requirements is when small containers are purchased for resale only. In this case, the seller must obtain a written statement from the purchaser that the containers are for resale only. The statement must include the purchasers name and business address. Records must be maintained for three years.

In all cases, the seller must display a sign where sales occur stating the certification requirements for purchasers.

Phaseout program

In the United States, ozone-depleting substances (ODS) are regulated as Class I or Class II controlled substances.

Class I substances include:

  • Chlorofluorocarbons (CFCs)
  • Halons
  • Carbon tetrachloride
  • Methyl chloroform

These Class I substances have a higher ozone depletion potential and have been completely phased out in the U.S. since 2002; with a few exceptions, this means no one can produce or import Class I substances.

Class II substances are all hydrochlorofluorocarbons (HCFCs), which are transitional substitutes for many Class I substances. New production and import of most HCFCs will be phased out by 2020, and there must be no production or import of any HCFCs by 2030. The most common HCFC in use today is HCFC-22 or R-22, a refrigerant still used in existing air conditioners and refrigeration equipment.

Find tables listing Class I ODS and Class II ODS at epa.gov/ozone/science/ods/index.html.

Stationary source servicing (section 608)

  • Only three types of releases of ODS or their substitutes are permitted.

Stationary refrigeration, air conditioning, and heat pump equipment is used in all types of buildings. The Environmental Protection Agency (EPA) regulations under 608 of the Clean Air Act (CAA) address the handling and recycling of refrigerants used in these types of equipment. These regulations are designed to:

  • Prevent the release of ozone-depleting substances (ODS) when stationary equipment is being serviced, maintained, repaired, or disposed.
  • Reduce the use and emission of ODS from stationary equipment.
  • Maximize the recapture and recycling of ODS from stationary equipment.
  • Ensure the safe disposal of ODS.

EPA regulations under section 608 prohibit anyone from intentionally venting ODS or their substitutes while maintaining, servicing, repairing, or disposing of air-conditioning or refrigeration equipment. Only three types of releases are permitted:

  1. De minimis quantities of refrigerant released while making good faith attempts to recapture and recycle or safely dispose of refrigerant, including releases that occur when connecting or disconnecting hoses to charge or service appliances.
  2. Refrigerant emitted during the normal operation of air-conditioning and refrigeration equipment (as opposed to during the maintenance, servicing, repair, or disposal of this equipment), such as from mechanical purging and leaks. However, the EPA requires that leaks above a certain size be repaired in equipment that contains 50 pounds of refrigerant or more.
  3. Releases of substitute refrigerants that EPA has determined do not pose a threat to the environment.

The EPA requires technicians who service stationary refrigeration and air-conditioning equipment to follow specific practices. These practices are meant to maximize recovery and recycling of refrigerants, which can be ODS or potent greenhouse gases. Different practices apply to different equipment, depending on their size and manufacture.

Refrigerant stationary source recordkeeping and technician certification

  • Technicians must keep a copy of their proof of certification at their place of business.
  • Technicians are required to pass an EPA-approved test to earn Section 608 Technician Certification.
  • The EPA has developed four types of technician certifications.

Recordkeeping

EPA regulations under section 608 include recordkeeping requirements that are specific to different persons or companies involved with stationary refrigeration and air-conditioning equipment.

  • Technicians must keep a copy of their proof of certification at their place of business. Technicians servicing appliances that contain 50 or more pounds of ozone-depleting refrigerant must provide the owner with an invoice that indicates the amount of refrigerant added to the appliance. This requirement also applies to HFC and other non-exempt substitute refrigerants. Technicians must provide records of leak inspections and tests performed to verify repairs of leaking appliances. Technicians disposing of appliances containing between five and 50 pounds of refrigerant must keep records of the disposal.
  • Owners or operators of appliances that contain 50 or more pounds of ozone-depleting refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added. This requirement also applies to HFC and other non-exempt substitute refrigerants. Owners or operators will also be required to maintain records of leak inspections and tests performed to verify repairs of leaking appliances and must submit a report to the EPA for any appliance containing 50 or more pounds of refrigerant that leaks 125 percent or more of the full charge in a calendar year. This report must describe efforts to identify leaks and repair the appliance.
  • Reclaimers must maintain records of the names and addresses of persons sending them material for reclamation and the quantity of material sent to them for reclamation. This must be maintained on a transactional basis. Reclaimers must report to the EPA by the first of February annually the total quantity of refrigerant sent to them the previous year for reclamation, the mass of refrigerant reclaimed that year, and the mass of waste products generated that year.

Technician certification

Technicians are required to pass an EPA-approved test to earn Section 608 Technician Certification. The tests are specific to the type of equipment the technician seeks to work on. Tests must be administered by an EPA-approved certifying organization. Section 608 Technician Certification credentials do not expire.

A technician is an individual who performs any of the following activities:

  • Attaching and detaching hoses and gauges to and from an appliance to measure pressure within the appliance.
  • Adding refrigerant to or removing refrigerant from an appliance.
  • Any other activity that violates the integrity of a motor vehicle air conditioner (MVAC)-like appliance or small appliance (other than disposal).

Apprentices are exempt from certification requirements provided they are closely and continually supervised by a certified technician.

The EPA has developed four types of certifications:

  1. For servicing small appliances (Type I).
  2. For servicing or disposing of high- or very high-pressure appliances, except small appliances and MVACs (Type II).
  3. For servicing or disposing of low-pressure appliances (Type III).
  4. For servicing all types of equipment (Universal).

Motor vehicle air-conditioner servicing (Section 609)

  • The MVAC regulations are designed to prevent the release of refrigerants during servicing.
  • Technicians who repair or service MVAC systems must be trained and certified under an EPA-approved technician training and certification program.
  • New service shops or shops servicing MVAC systems for the first time must certify to their EPA Regional Office that they have acquired and are properly using approved refrigerant handling equipment.

Under 609 of the Clean Air Act (CAA), the Environmental Protection Agency (EPA) regulates the servicing of motor vehicle air conditioners (MVACs) and MVAC-like equipment used in farm and heavy-duty equipment. The EPA’s regulations are designed to prevent the release of refrigerants during servicing. Basic compliant points include:

  • Refrigerant: Must be approved by the EPA and cannot be intentionally released (vented) to the environment.
  • Servicing: When payment of any kind is involved (including non-monetary), any person working on an MVAC system must be certified under 609 of the CAA and they must use approved refrigerant handling equipment.
  • Reusing Refrigerant: Refrigerant must be properly recycled or reclaimed before it can be reused, even if it is being returned to the vehicle from which it was removed.

The EPA evaluates alternative refrigerants under its Significant New Alternatives Policy (SNAP) program, established under 612 of the CAA. SNAP lists refrigerants for MVAC systems as either “acceptable subject to use conditions” or “unacceptable.” Each SNAP-approved refrigerant is required to be used with a unique set of fittings to prevent the accidental mixing of different refrigerants.

When an MVAC system enters the waste stream, the final person in the disposal chain must remove the refrigerant, or make certain that their customer has removed it, prior to disposal.

Technician training and certification

Technicians who repair or service MVAC systems for consideration (e.g., either payment or bartering), regardless of what refrigerant is used in the system, must be trained and certified under section 609 by an EPA-approved technician training and certification program. Technicians must use refrigerant handling equipment that has been certified by the EPA or an independent standards testing organization approved by the EPA to certify equipment.

Certified servicing equipment must be used to remove refrigerant prior to servicing or repairing an MVAC system or conducting any other service on a vehicle during which discharge of refrigerant can reasonably be expected. Recovered refrigerant must be either recycled or reclaimed before it can be recharged into an MVAC system, even if the refrigerant is being returned to the system from which it was removed.

Recovered refrigerant can either be recycled on-site using approved equipment designed to both recover and recycle refrigerant or sent off-site to a reclamation facility to be purified according to Air-Conditioning & Refrigeration Institute (ARI) Standard 700. Recycling removes impurities and oil, while reclamation returns the refrigerant to virgin specifications. Refrigerant sent off-site must be sent to an EPA-certified refrigerant reclaimer.

Recordkeeping requirements

New service shops or shops servicing MVAC systems for the first time must certify to their EPA Regional Office that they have acquired and are properly using approved refrigerant handling equipment. This is a one-time requirement. If a shop has certified ownership of a piece of chlorofluorocarbons (CFC)-12 or HFC-134a equipment at any time in the past, the shop is not required to re-submit certification to the EPA when they purchase new equipment. This applies even if the shop purchases equipment for a different refrigerant.

To certify equipment, provide a written statement signed by the person who acquired the equipment (this person may be the owner of the establishment or another responsible officer). Send the signed certification statement to the EPA Regional Office responsible for the state in which the establishment is located.

Service shops must maintain on-site records proving that each person using servicing equipment has been properly trained and certified under 609, as well as records of the name and address of any facility to which they send recovered refrigerant. These records must be maintained for three years.

What types of air emission sources are regulated?

  • The CAA regulates air emissions of pollutants for stationary and mobile sources.

The Clean Air Act (CAA) regulates air emissions of pollutants for two types of industry sources:

  • Stationary sources that are any building, structure, facility, or installation which emits or may emit any air pollutant.
  • Mobile sources that include motor vehicles, aircraft, ships, nonroad vehicles, nonroad engines, and the fuels associated with these sources.

Depending on the type of source and pollutants involved, various fuel standards and/or environmental permitting processes are necessary under Environmental Protection Agency (EPA) rules.

Stationary emission sources

  • Air permits are legally enforceable documents describing how a source will control or prevent toxic emissions, most of which are issued and enforced by the federal, state, or local agency.
  • The air permitting process can take several months for an issuing agency to finish its review and approval.

Stationary sources of air emissions are subject to the applicable State Implementation Plans (SIPs) as well as Environmental Protection Agency (EPA) regulations regarding the monitoring of emissions as well as obtaining the permits required for their specific industry, potential pollutants, and attainment (or nonattainment) area status.

Air permits

Air permits are legally enforceable documents describing how a source will control or prevent air emissions, most of which are issued and enforced by the states. The type of air permit needed will depend on where the operation is located and if the area is meeting national air standards; the industry; facility size; the types and amounts of contaminants the operation emits.

If the business is considering installing new equipment or constructing, reconstructing, relocating, or modifying equipment that emits air contaminants, check with the state to see if the proposed action will require air permitting. Note that every process that emits an air contaminant needs a permit unless that process is specifically exempted.

The permitting process can take many hours to complete. In contrast, it can take several months for a state to finish its review and approval process. So, start the application process as soon as possible.

New Source Review (NSR) Permits

  • There are three types of NSR permits that may apply to new emission sources or major modifications to existing.

The New Source Review (NSR) program makes sure that construction projects, whether new building or major modifications to existing facilities, do not worsen the air quality in a particular area. NSR permits describe what construction is allowed, emission limits, and even contains some operating requirements.

There are three types of NSR permits. A facility (i.e., source) may have to meet one or more of these permitting requirements.

  • Prevention of Significant Deterioration (PSD). PSD permits are required for new major sources or major sources making a major modification in areas that meet National Ambient Air Quality Standards (NAAQS) attainment. No source or modification subject to PSD review may be constructed without a permit. PSD permits require installing pollution controls using the best available control technology (BACT). BACT is defined as an emission limit based on the maximum degree of reduction of each pollutant subjected to regulation under the Clean Air Act (CAA). BACT is done on a case-by-case basis, and considers energy, environmental, and economic impacts.
  • Nonattainment NSR. These permits are required for new major sources or major sources making a major modification in areas that do not meet one or more of the NAAQS. Permits in nonattainment areas must meet the lowest achievable emission rate (LAER). In all cases, the BACT and LAER must be at least as strict as any existing New Source Performance Standards (NSPS) for the source.
  • Minor source permits.

NSR permits are usually issued by states or local air pollution control agencies. The Environmental Protection Agency (EPA) issues NSR permits in some cases. State permitting requirements must be at least as stringent as those set by the federal government.

The EPA must approve a state’s NSR program in its State Implementation Plan (SIP).

Is a Title V permit needed?

  • There are seven different reasons why a source may need to obtain a Title V permit.

Title V permits under the Clean Air Act (CAA) are also called operating permits, and they include pollution control requirements from federal or state regulations that apply to a particular source.

A stationary source needs to obtain a Title V permit if:

  1. It is a major source. Under Title V, this means:
    • The source has actual or potential emissions at or above the major source threshold for any air pollutant.
    • The major source threshold for any air pollutant is 100 tons/year (known as the “default value”).
    • In non-attainment areas, lower thresholds will apply to the pollutants that are in non-attainment.
    • Major source threshold for hazardous air pollutants (HAPs) are 10 tons/year for a single HAP or 25 tons/year for any combination of HAPs.
  2. It has a major source permit under the New Source Review (NSR) Permitting Program.
  3. It is an “affected source” under the Acid Rain Rules (regardless of size).
  4. It has Solid Waste Incineration Units under CAA 129 (regardless of size). This includes:
    • Municipal waste combustors (large and small)
    • Hospital/medical/infectious waste incinerators
    • Commercial and industrial solid waste incinerators
    • Other solid waste incinerators
    • Sewage sludge incinerators
  5. It is a non-major source subject to National Emissions Standards for Hazardous Air Pollutants (NESHAPs). This is to say, the source is also subject to maximum achievable control technology (MACT) standards. Note that if any newly promulgated new source permit or MACT standard regulates area sources, it must clarify whether the area sources must obtain Title V permits. These sources include:
    • Hazardous waste combustors
    • Portland cement manufacturers
    • Mercury cell chlor-alkali plants
    • Secondary lead smelters
    • Carbon black production
    • Chemical manufacturing: chromium compounds
    • Primary copper smelting
    • Secondary copper smelting
    • Nonferrous metals area sources: zinc, cadmium, and beryllium
    • Glass manufacturing
    • Electric arc furnace steelmaking facilities
    • Gold mine ore processing and production
  6. The source is a chemical manufacturer subject to NESHAP requirements.
  7. It is a municipal solid waste landfill subject to NESHAP and New Source Performance Standards (NSPS) requirements.

New Source Performance Standards

  • NSR is source-specific, whereas the NSPS program applies to all sources nationwide.

The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to create a list of the important categories of stationary sources of air pollution, and to establish federal standards of performance for new sources within these categories. These New Source Performance Standards (NSPS) apply to newly constructed sources or those that undergo major upgrades or modifications. The NSPS include both equipment specifications and operation and measurement requirements.

The NSPS are codified in 40 CFR Part 60.

NSPS vs. NSR

The important difference between the New Source Review (NSR) permits and the NSPS program is that NSR is source-specific, whereas the NSPS program applies to all sources nationwide. This gives states the authority to require more stringent controls to meet the ambient air quality standards in specific geographic areas.

Mobile emission sources

  • Mobile emission reduction standards reduce tailpipe emissions and those produced gasoline during refueling.

Title II of the Clean Air Act (CAA) addresses air pollutants from mobile sources including aircraft, ships, nonroad vehicles, nonroad engines, and fuels. While motor vehicles built today emit fewer pollutants (60 to 80 percent less, depending on the pollutant) than those built in the 1960s, cars and trucks still make up almost half the emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOx), and up to 90 percent of the carbon monoxide emissions in urban areas.

The Clean Air Act amendments of 1990 established tighter pollution standards for emissions from mobile sources. These standards reduce tailpipe emissions of hydrocarbons, carbon monoxide, and nitrogen oxides. Automobile manufacturers are also required to reduce vehicle emissions resulting from the evaporation of gasoline during refueling.

Compliance points to remember are:

  • Motor vehicle engines and nonroad vehicles and engines must meet CAA emissions standards.
  • New vehicle and engines must have an Environmental Protection Agency (EPA)-issued certification certificate of conformity before import or entry into the United States demonstrating that the engine conforms to all applicable emissions requirements. Certified vehicles and engines must be properly labeled.
  • The CAA prohibits anyone from tampering with emission control devices or selling or installing “defeat devices,” which bypass, defeat, or render inoperative any emission control device.
  • The CAA regulates fuel used in motor vehicles and non-road equipment. All fuel and fuel additives produced, imported, and sold in the U.S. must meet certain standards.
  • Transportation fuel sold in the U.S. must contain a minimum volume of renewable fuel to reduce greenhouse gas emissions and the use of petroleum fuels.
  • Renewable fuel producers and importers generate renewable identification numbers (RINs) for each gallon of renewable fuel.
  • Refiners and importers must acquire RINs to show compliance with the standard.

Regulated mobile sources and fuels

  • There are various mobile source sectors regulated by the EPA under the CAA.

Mobile source sectors regulated by the Environmental Protection Agency (EPA) under the Clean Air Act (CAA)

Aircraft Commercial aircraft engines
Heavy-duty vehiclesHeavy trucks and buses: large pick-ups, delivery trucks, recreational vehicles, and semi-trucks
Light-duty vehiclesPassenger cars and light trucks: minivans, passenger vans, pickup trucks, and sport-utility vehicles
LocomotivesDiesel-powered engines used in freight and passenger rail, ling-haul and switch locomotives
MotorcyclesOn-road 2- and 3-wheeled vehicles, mopeds, and scooters
Marine-compression ignition (CI) enginesAuxiliary and propulsion engines used by all types of recreations and commercial vessels: small fishing boats, tugboats, ocean-going ships. Marine auxiliary engines: small generator sets to larger generator sets on ocean-going vessels
Marine spark-ignition (SI) engines and vesselsGasoline boats and personal watercraft: pleasure boats, jet-skis, outboard engines, and sterndrive/inboard engines
Nonroad CI engines and equipmentConstruction and agricultural equipment: excavators, paving equipment, tractors, combines, bulldozers, and skidders
Nonroad large SI engines and equipmentGasoline and propane industrial equipment: forklifts, generators, airport service equipment, compressors, and ice-grooming machines
Nonroad small SI engines and equipmentSmall gasoline lawn and garden equipment: lawnmowers, leaf blowers, chain saws, and string trimmers
Recreational engines and vehiclesLand-based recreational vehicles: snowmobiles, dirt bikes, and all-terrain vehicles (ATVs)

Fuel types regulated by the EPA under the CAA

Low sulfur gasolineEstablished in conjunction with the Tier 2 light-duty vehicle standards to maintain the performance of catalytic converters.
Ultra-low sulfur diesel (ULSD) fuelCovers highway, nonroad, locomotive, and marine diesel fuel. ULSD is necessary for new advanced emission control technologies, and it contributes to particulate matter reductions in the existing fleet of nonroad engines and equipment.

CAFE standards

  • CAFE standards were established in two phases.
  • SAFE Vehicles Rule are for passenger cars and light trucks for model years 2021–2026.

The national program for greenhouse gas (GHG) emissions and fuel economy standards for light-duty vehicles (passenger cars and trucks) was developed jointly by the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA).

First enacted by Congress in 1975, the purpose of the Corporate Average Fuel Economy (CAFE) standards are to reduce energy consumption by increasing the fuel economy of cars and light trucks. The CAFE standards are fleet-wide averages that must be achieved by each automaker for its car and truck fleet each year. When these standards are raised, automakers respond by creating a more fuel-efficient fleet, which improves the nation’s energy security and saves consumers money at the pump, while also reducing GHG emissions.

The NHTSA sets and enforces the CAFE standards, while the EPA calculates average fuel economy levels for manufacturers and sets related GHG standards. NHTSA establishes CAFE standards under the Energy Policy and Conservation Act (EPCA) of 1975, as amended by the Energy Independence and Security Act (EISA) of 2007, while the EPA establishes GHG emissions standards under the Clean Air Act (CAA). In 2010, the NHTSA and the EPA issued joint Final Rules for CAFE and Greenhouse Gas emissions regulations for passenger cars and light trucks built in model years 2017 and beyond, and developed fuel efficiency and GHG emissions regulations for medium- and heavy-duty vehicles built in model years 2014 through 2018.

The standards were established in two phases:

  • Phase 1: Model years (MYs) 2012–2016.
  • Phase 2: MYs 2017–2025.

Together the final standards are projected to:

  • Result in an average industry fleet-wide level of 163 grams per mile (g/mi) of carbon dioxide (CO2) in model year 2025, which is equivalent to 54.5 miles per gallon (mpg) (if achieved exclusively through fuel economy improvements);
  • Cut six billion metric tons of GHG over the lifetimes of the vehicles sold in MYs 2012–2025;
  • Save households more than $1.7 trillion in fuel costs; and
  • Reduce America’s dependence on oil by more than two million barrels per day in 2025.

Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule

In 2020, the EPA and the NHTSA established new CAFE standards for passenger cars and light trucks for model years 2021–2026. These standards are known as the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule.

The SAFE standards follow federal action taken in 2019 to ensure One National Program for automobile fuel economy and CO2 emissions standards. This rule withdraws a longstanding waiver issued to California under the Clean Air Act.

The action affects companies that manufacture or sell new light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles and passenger cars.

The CAFE and CO2 emissions standards established by these final rules will increase in stringency at 1.5 percent per year from MY 2020 levels over MYs 2021–2026. The EPA’s standards are projected to require, on an average industry fleet-wide basis, 201 g/mi of CO2 in model year 2030, while NHTSA’s standards are projected to require, on an average industry fleetwide basis, 40.5 mpg in model year 2030. The agencies note that real-world CO2 is typically 25 percent higher and real-world fuel economy is typically 20 percent lower than the CO2 and CAFE compliance. Further, the EPA notes that CO2 improvements will most likely be made through improvements in minimizing air conditioning leakage and through use of alternative refrigerants, which will not contribute to fuel economy but will contribute toward reductions of climate-related emissions.

Phase 2

The NHTSA and the EPA issued a Final Rule for “Phase 2” for medium and heavy-duty vehicles to improve fuel efficiency and cut carbon pollution. The agencies estimate that the standards will save up to two billion barrels of oil and reduce CO2 emissions by up to 1.1 billion metric tons over the lifetimes of MYs 2018–2029 vehicles, providing up to $230 billion in net social benefits.

The NHTSA and the EPA also issued a joint final rule establishing new requirements for a fuel economy and environment label that will be posted on the window sticker of all new automobiles sold in the U.S.

The redesigned label provides expanded information to American consumers about new vehicle fuel economy and fuel consumption, greenhouse gas and smog-forming emissions, and projected fuel costs and savings, and includes a smartphone interactive code that permits direct access to additional web resources.

Tier 3 Motor Vehicle Emission and Fuel Standards Program

  • The Tier 3 Motor Vehicle Emission and Fuel Standards program is part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health.
  • The EPA offers many diesel emission reduction programs that apply to diesel vehicles, vessels, locomotives, or other diesel equipment.
  • Each vehicle and engine must have a label stating which emission standard it was built under.

The 2017 Tier 3 Motor Vehicle Emission and Fuel Standards program is part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health. The program considers the vehicle and its fuel as an integrated system, setting vehicle emissions standards and a gasoline sulfur standard. The vehicle emissions standards will reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. The gasoline sulfur standard creates more stringent vehicle emissions standards and helps emissions control systems be more effective.

Emission standards — Diesel fuel

In addition to regulations on newly manufactured engines, the Environmental Protection Agency (EPA) has devised a number of emissions reduction strategies for diesel engines. The National Clean Diesel Campaign (NCDC) partners the EPA with manufacturers, fleet operators, air quality professionals, environmental and community groups, and state and local governments to reduce diesel emissions. The EPA also offers many diesel emission reduction programs that apply to diesel vehicles, vessels, locomotives, or other diesel equipment. Strategies to help older diesel engines operate more cleanly include:

  • Install diesel retrofit devices with verified technologies;
  • Maintain, repair, rebuild, repower engines;
  • Replace older vehicles and equipment;
  • Improve operational strategies; and
  • Use cleaner fuels including natural gas and propane.

Funding may be available through the EPA to develop diesel emission reduction programs. National programs that may help with funding and technical expertise include:

  • The National Clean Diesel Funding Assistance Program, and
  • The EPA’s SmartWay program.

The EPA's emission standards for engines are issued based on the date of engine manufacture. As an example: If the date of manufacture was before 2004, the engine would have to meet the standards that were in place at the time of manufacture (the 1998 standards).

The vehicle can be upgraded to a later standard, but it cannot be allowed to fall below the standards that were in effect on the date of manufacture. It is a violation of federal law to tamper with or remove any emissions components.

The vehicle is subject to inspection and testing to verify that it is complying with the emission standards that were in effect at the time of manufacture. If the vehicle has been altered or cannot pass an emissions test due to alteration or lack of proper maintenance, the company can be fined.

Labeling requirements

Each vehicle and engine must have a label stating which emission standard the vehicle/engine was built under. It is a federal requirement (and a state requirement in many states) that these labels be present on the vehicle.

If the label is missing (most commonly a problem with engines), locate the engine identification number and contact the engine manufacturer for a new label. It may be a good idea to add this to the company’s annual or quarterly inspections.

As well as the federal emission standards, there are state requirements. California is seen as the leader in the emissions area, having tougher standards in some areas than the EPA. Most original equipment manufacturers (OEMs) have been designing their vehicles and engines to meet the California Air Resource Board (CARB) standards, as well as the EPA standards.

Renewable Fuel Standard (RFS)

  • RFS requires transportation fuel sold in the U.S. to contain a minimum volume of renewable fuels.
  • Renewable fuel categories include conventional and advanced biofuel.

The Renewable Fuel Standard (RFS) is a federal program that requires transportation fuel sold in the U.S. to contain a minimum volume of renewable fuels.

The RFS requires renewable fuel to be blended into transportation fuel in increasing amounts each year, escalating to 36 billion gallons by 2022. Each renewable fuel category in the RFS program must emit lower levels of greenhouse gases (GHGs) relative to the petroleum fuel it replaces.

RFS Requirements

The Environmental Protection Agency (EPA) establishes the volume requirements for each fuel category based on volumes set by the Energy and Independence and Security Act of 2007 (EISA) and fuel availability. The EPA tracks compliance with the program through the Renewable Identification Number (RIN) system, which assigns a RIN to each gallon of renewable fuel.

Oil refiners and gasoline and diesel importers are typical entities regulated by the RFS. The volumes these industries are required to meet is based on a percentage of its petroleum product sales. Covered entities can meet their renewable fuel obligations (RVOs) by selling required biofuel volumes or by purchasing RINs from parties that exceed their requirements.

Renewable fuel categories include:

  • Conventional Biofuel: Any fuel derived from starch feedstocks (e.g., corn and grain sorghum). Conventional biofuels produced in plants built after 2007 must demonstrate a 20 percent reduction in life cycle GHG emissions.
  • Advanced Biofuel: Any fuel derived from cellulosic or advanced feedstocks. This may include sugarcane or sugar beet-based fuels; biodiesel made from vegetable oil or waste grease; renewable diesel co-processed with petroleum; and other biofuels that may exist in the future. Nested within advanced biofuels are two sub-categories: cellulosic biofuel and biomass-based diesel. Both biomass-based diesel and cellulosic biofuel that exceed volumes in their respective categories may be used to meet this category. Fuels in this category must demonstrate a life cycle GHG emissions reduction of 50 percent.
    • Biomass-Based Diesel: A diesel fuel substitute made from renewable feedstocks, including biodiesel and non-ester renewable diesel. Fuels in this category must demonstrate a life cycle GHG emissions reduction of 50 percent.
    • Cellulosic Biofuel: Any fuel derived from cellulose, hemicellulose, or lignin — nonfood-based renewable feedstocks. Fuels in this category must demonstrate a life cycle GHG emissions reduction of at least 60 percent.

E15

  • E15 is a blend of gasoline and up to 15 volume percent ethanol.
  • FFVs, MY 2001 and newer cars, light-duty trucks, and medium-duty passenger vehicles SUVs may use E15.

E15 is a blend of gasoline and up to 15 volume percent ethanol. On October 13, 2010, the Environmental Protection Agency (EPA) granted a partial waiver for E15 use in model year 2007 and newer light-duty motor vehicles (i.e., cars, light-duty trucks, and medium-duty passenger vehicles) subject to certain conditions. In January 2011, the EPA granted a second partial waiver for E15 use in model year 2001–2006 light-duty motor vehicles. Until the EPA granted the waiver, the amount of ethanol in motor vehicle gasoline was limited to 10 volume percent (E10). E10 was granted a waiver under Clean Air Act 211(f)(4) more than 30 years ago and is now makes up over 90 percent of the U.S. gasoline market.

The primary source of ethanol is corn, but other grains or biomass sources may be used as feedstocks.

On June 10, 2019, the EPA finalized a rule to allow the use of E15 all year long, and not just during the summer months.

What Vehicles May Use E15?

  • Flexible-fuel vehicles (FFVs)
  • Model year (MY) 2001 and newer cars
  • MY 2001 and newer light-duty trucks
  • MY 2001 and newer medium-duty passenger vehicles sport utility vehicles (SUVs)

What Vehicles and Engines May Not Use E15?

  • All vehicles with heavy-duty engines, such as school buses, transit buses, and delivery trucks
  • All motorcycles
  • All off-road vehicles, such as boats and snowmobiles
  • All engines in off-road equipment, such as lawnmowers and chain saws
  • All MY 2000 and older cars, light-duty trucks, and medium-duty passenger vehicles (e.g., SUVs)

A major concern with E15 is the possibility of “misfueling,” or the inability of an engine to use E15. Therefore, the waiver calls for all E15 retailers to have a label that informs consumers about which vehicles can use E15.

Whats in the CAA?

  • The CAA is divided into seven distinct titles.

The Clean Air Act (CAA) is divided into seven distinct titles that address different air pollution criteria, permitting, and enforcement.

  • Title I — Air pollution prevention and control includes provisions for attaining and maintaining the national ambient air quality standards (NAAQS). The Environmental Protection Agency (EPA) has used health-based criteria in order to set the allowable limits for common air pollutants, known as criteria air pollutants. The agency then developed a primary standard in order to protect human health, and a secondary standard in order to prevent environmental and property damage. An area that meets the primary standards is called an attainment area. An area that does not meet the primary standards is called a nonattainment area. Depending upon the degree to which a nonattainment area exceeds the standard, that area will be required to implement various control programs and achieve attainment of the NAAQS within a specified time frame. Also in Title I, is the requirement for reasonably available control technology (RACT). Stationary sources must use RACT to control air emissions. Mobile source control measures include vehicle inspection and maintenance (I/M) programs to reduce carbon monoxide and precursors to ozone. Last, Title I requires states to develop State Implementation Plans (SIPs) that explain how a state will comply with the CAA. The EPA must approve the SIP for the state to have authority to enforce the CAA.
  • Title II – Emission standards for moving sources establishes requirements for mobile sources, including tailpipe emissions standards for hydrocarbons, carbon monoxide, and nitrogen oxides. Title II also requires tailpipe standards for carbon monoxide under cold temperature conditions, and cleaner gasoline to be used in U.S. cities with the worst ozone problems. The EPA is required to develop regulations on the general fleet program and credits program, and is also required to issue regulations with respect to converting conventional vehicles to clean fuel vehicles.
  • Title III – Hazardous air pollutants (HAPs) identifies 187 air pollutants suspected of causing cancer or health problems and authorizes the EPA to identify sources and set required, technology-based controls to reduce these emissions. For each listed source category, the EPA will issue standards requiring the maximum degree of emissions reduction that has been demonstrated to be achievable. These are commonly referred to as maximum achievable control technology (MACT) standards. Title III also includes provisions to prevent accidental releases of hazardous pollutants. Any facility at which a listed pollutant is present at greater than a threshold quantity is required to prepare and implement a risk management plan (RMP). The plan must address how the facility will detect and prevent, or minimize, accidental releases. This title also created the Chemical Safety and Hazard Investigation Board (CSB), an independent safety board responsible for investigating any accidental release that results in a fatality or substantial property damage.
  • Title IV – Acid deposition control addresses the control of pollutants associated with acid rain. The goal of this title is to achieve a 10-million-ton reduction of sulfur dioxide and an approximate 2-million-ton reduction in nitrogen oxides (relative to 1980 levels).
  • Title V – Operating permits establishes the major source, federal permitting program. The Act enables states to collect permit fees from affected sources to cover reasonable direct and indirect operating costs for the permit program. A permit is to be issued for a fixed term, not to exceed five years. Though administration will be conducted by states with approved programs, the EPA will still assume federal oversight responsibilities and all permits will be subject to public comment. Title V also includes a provision requiring states to establish, as part of their SIP, a small business stationary source technical and environmental compliance assistance program.
  • Title VI – Stratospheric ozone protection expands upon the Revised Montreal Protocol that was negotiated by the United States to address the depletion of the ozone layer. The law requires a complete phase-out of chlorofluorocarbons (CFCs) and halons with interim reductions. Ozone-depleting substances are to be grouped into two classes. Class I chemicals (CFCs, halons, carbon tetrachloride, and methyl chloroform) were to be entirely phased out by 2002. Class II chemicals (hydrochlorofluorocarbons) will be phased out by 2030.
  • Title VII – Provisions relating to enforcement provide for felony penalties for knowing violations of the CAA and misdemeanor penalties for negligent releases of hazardous pollutants. The EPA can issue administrative enforcement penalties orders of up to $200,000 and administrative orders with compliance schedules of up to 12 months. The agency also has the authority to establish through regulation a field citation program for minor violations, where citations may be issued onsite during an inspection for up to $5,000 per day of violation. This law significantly expands a citizen’s authority to enforce CAA requirements, and citizen suits may include the assessment of civil penalties. The law also permits monetary awards of up to $10,000 to be made to citizens who provide information leading to a criminal conviction or a civil penalty.

State Implementation Plans (SIPs)

  • CAA requires the EPA to examine requirements of the federally enforceable SIPs in each state every three years.
  • The EPA will impose a federal implementation plan whenever it finds a state plan to be inadequate or if the state is not able to create its own plan.

The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to examine the requirements of the federally enforceable State Implementation Plans (SIPs) in each state every three years, and to make its findings available to the public. SIPs are a state’s plan for attaining and/or maintaining the primary and secondary national ambient air quality standards (NAAQS). They are developed through a public process, formally adopted by the state, and submitted by a governor’s designee to the EPA.

The elements of SIPs include:

  • Emission inventories,
  • A monitoring network,
  • An air quality analysis, modeling,
  • Attainment demonstrations,
  • Enforcement mechanisms, and
  • Regulations which have been adopted by the state to attain or maintain the NAAQS.

The regulatory requirements for preparing, adopting, and submitting SIPs and SIP revisions are found in 40 CFR Part 51, and the EPA’s action on each state’s SIP is listed at 40 CFR Part 52.

The EPA will impose a federal implementation plan whenever it finds a state plan to be inadequate or if the state is not able to create its own plan.

In addition to addressing NAAQS, states in nonattainment areas must include a New Source Review (NSR) permitting program. States that are in attainment must submit Prevention of Significant Deterioration (PSD) permitting programs.

Most SIPs are available for viewing on state websites. They can also be accessed by searching the state name in the Federal Register archives.

What emissions are covered by the CAA?

  • Criteria pollutants, greenhouse gases, hazardous air pollutants, and ozone-depleting substances are covered under the CAA.
  • The six criteria pollutants are carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide.

Cited under 40 CFR Parts 50-99, the Clean Air Act (CAA) authorizes the Environmental Protection Agency (EPA) to establish air quality standards to protect public health and public welfare and to regulate emissions of air pollutants from stationary and mobile sources.

Emissions covered under the CAA include:

  • Six common air pollutants known as “criteria pollutants,”
  • Greenhouse gasses (GHGs),
  • Hazardous air pollutants (HAPs), and
  • Ozone-depleting substances (ODS).

Criteria pollutants

One of the primary goals of the national ambient air quality standards (NAAQS) is to encourage or otherwise promote reasonable federal, state, and local governmental actions for pollution prevention, and the Environmental Protection Agency (EPA) has set air quality standards for six common “criteria pollutants.”

  • Carbon monoxide (CO) is a colorless, odorless, and (at high levels) poisonous gas that is formed when carbon in fuels is partially burned. It is found in motor vehicle exhaust, carbon black manufacturing, other types of fuel combustion, and natural sources such as wildfires. Exposure to high CO levels can cause impairment in visual perception, manual dexterity, learning ability, and performance of complex tasks.
  • Lead (Pb) is a metal found in natural sources and in manufactured products. Major sources of lead emissions are ore and metals processing, waste incinerators, utilities, and lead-acid battery manufacturing.
  • Nitrogen dioxide (NO2) is a brownish, highly reactive gas that can irritate the lungs and lead to bronchitis, pneumonia, and other respiratory infections. NO2 forms in the atmosphere through the oxidation of the primary air pollutant nitric oxide (NOx), which forms when fuel is burned at high temperatures. Two major emissions sources are the transportation sector and stationary fuel combustion sources such as electric utilities and industrial boilers.
  • Ozone (O3) is a gas that is found in two distinct forms, upper atmospheric and ground level. O3 can be “good” or “bad” for human health and the environment, depending upon its location in the atmosphere. Considered “bad” at ground level, O3 acts as a pollutant and a significant health risk, especially for people with asthma. It can also damage vegetation and is a major component of smog. In the upper atmosphere, however, O3 acts as a natural shield, protecting the Earth from harmful solar ultraviolet rays. This stratospheric ozone layer has been depleted by other human-made chemicals such as chlorofluorocarbons (CFCs).
  • Particulate matter (PM) is a complex mixture of extremely small particles and liquid droplets. PM can be made up of several components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. The size of the particle is directly linked to its potential for causing health problems, and the EPA sets limits for particles that are 10 micrometers in diameter or smaller because those can pass through the throat and nose and enter the lungs, where they can cause serious health effects. Regulated PM is grouped into two categories:
    1. Inhalable coarse particles, such as those found near roadways and “dusty” industrial processes. These are larger than 2.5 micrometers and smaller than 10 micrometers in diameter; and
    2. Fine particles, such as those found in smoke and haze, that are 2.5 micrometers in diameter and smaller. They can be directly emitted from sources such as forest fires, or they can form when gases emitted from power plants, industries, and vehicles react in the atmosphere.
  • Sulfur dioxide (SO2) is a primary contributor to acid deposition, or acid rain. SO2 in the atmosphere results largely from stationary sources such as steel mills, refineries, pulp and paper mills, nonferrous smelters, and industrial processes using coal and oil combustion. High concentrations of SO2 may affect breathing and may aggravate existing respiratory and cardiovascular disease, especially for people with asthma, bronchitis, or emphysema.

Under the Clean Air Act (CAA), the EPA is required to revise the NAAQS for each of these criteria pollutants every five years. Affected facilities must contact their state agencies to begin the air permitting process for new construction or significant modifications to the facility or new operations that will affect the facility’s emissions of these criteria pollutants into the air.

Primary and secondary NAAQS

  • Primary NAAQS protect everyone including “sensitive populations” from health risk.
  • Secondary NAAQS address decreased visibility and damage to crops and vegetation, buildings and property, and ecosystems.

The Environmental Protection Agency (EPA) sets requirements for both primary and secondary national ambient air quality standards (NAAQS) at a national level. Primary NAAQS protect everyone including “sensitive populations” (e.g., children, people with asthma, and the elderly) from health risk. Secondary NAAQS address decreased visibility and damage to crops and vegetation, buildings and property, and ecosystems. The standards correspond to a specific averaging time, and some pollutants have standards for more than one averaging time.

The current primary and secondary NAAQS are listed in the table below. The units of measure are parts per million (ppm) by volume, parts per billion (ppb) by volume, and micrograms per cubic meter of air (µg/m3).

Primary and Secondary NAAQS
PollutantPrimary/ SecondaryAveraging TimeLevelForm
Carbon Monoxide (CO)primary8 hours9 ppmNot to be exceeded more than once per year
1 hour35 ppm
Lead (Pb)primary and secondaryRolling 3-month average0.15 ?g/m 3 (1)Not to be exceeded
Nitrogen Dioxide (NO2)primary1 hour100 ppb98th percentile of 1-hour daily maximum concentrations, averaged over 3 years
primary and secondary1 year53 ppb (2)Annual Mean
Ozone (O3)primary and secondary8 hours0.070 ppm (3)Annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years
Particle Pollution (PM)PM 2.5primary1 year12.0 ?g/m 3annual mean, averaged over 3 years
secondary
primary and secondary1 year15.0 ?g/m 3
PM 10primary and secondary24 hours35 ?g/m 3annual mean, averaged over 3 years
98th percentile, averaged over 3 years
24 hours150 ?g/m 3Not to be exceeded more than once per year on average over 3 years
Sulfur Dioxide (SO2)primary1 hour75 ppm (4)99th percentile of 1-hour daily maximum concentrations, averaged over 3 years
secondary3 hours0.5 ppmNot to be exceeded more than once per year
(1) In areas designated nonattainment for the Pb standards prior to the promulgation of the current (2008) standards, and for which implementation plans to attain or maintain the current (2008) standards have not been submitted and approved, the previous standards (1.5 µg/m3 as a calendar quarter average) also remain in effect.
(2) The level of the annual NO2 standard is 0.053 ppm. It is shown here in terms of ppb for the purposes of clearer comparison to the one-hour standard level.
(3) Final rule signed October 1, 2015, and effective December 28, 2015. The previous (2008) O3 standards additionally remain in effect in some areas. Revocation of the previous (2008) O3 standards and transitioning to the current (2015) standards will be addressed in the implementation rule for the current standards.
(4) The previous SO2 standards (0.14 ppm 24-hour and 0.03 ppm annual) will additionally remain in effect in certain areas: (1) any area for which it is not yet one year since the effective date of designation under the current (2010) standards, and (2) any area for which an implementation plan providing for attainment of the current (2010) standard has not been submitted and approved and which is designated nonattainment under the previous SO2 standards or is not meeting the requirements of a State Implementation Plan (SIP) call under the previous SO2 standards (40 CFR 50.4(3)). A SIP call is an EPA action requiring a state to resubmit all or part of its State Implementation Plan to demonstrate attainment of the required NAAQS.

Attainment and nonattainment areas

  • Facilities in nonattainment areas will be subject to more restrictive permitting, and to mandated federal pollution control measures.

The United States is divided into different geographic areas known as “attainment areas.” An area that does not meet its national ambient air quality standards (NAAQS) is called a nonattainment area, and the Clean Air Act (CAA) requires each state to develop a State Implementation Plan (SIP) to identify sources of pollution and determine which reductions are required to meet federal air quality standards. Being out of attainment (i.e., nonattainment) can result in an area losing federal funding for highways and other transportation projects.

Facilities in nonattainment areas will be subject to more restrictive permitting, and the area will be subject to mandated federal pollution control measures. In addition, the federal government can impose special requirements for vehicles, such as emissions testing, that can affect ordinary citizens. Certain fuel blends may also be required for the area.

Once an area is found to be in nonattainment, the state, county, or area has three years to address the pollution and create an implementation plan describing how it will meet and maintain the standards. The plan must address reducing the criteria pollutants through pollution controls for stationary sources and vehicle emissions testing requirements for mobile sources.

Greenhouse gases

  • Carbon dioxide, methane, nitrous oxide, and fluorinated gases are all greenhouse gases regulated by the EPA.
  • The impact to climate from each greenhouse gas depends on three main factors.

Greenhouse gases (GHGs) are gases that trap heat in the atmosphere, and the Environmental Protection Agency (EPA) regulates the reduction of human-made emissions of GHGs through various programs, including preconstruction permitting and operating permits. The EPA also inventories GHS emissions from the largest sources in the United States through the Greenhouse Gas Reporting Program, cited under 40 CFR 98.

Stationary sources that are already covered by preconstruction, operating permits, or other air permits may also need to include GHG emissions in their permitting calculations, and large stationary sources in 41 industrial categories covered under the Greenhouse Gas Reporting Program need to track their greenhouse gas emissions and report them to the EPA every year.

Regulated GHGs

The greenhouse gases (GHGs) regulated by the EPA are:

  • Carbon dioxide (CO2), which enters the atmosphere through burning fossil fuels (coal, natural gas, and oil), solid waste, trees and wood products, and as a result of certain chemical reactions (e.g., the manufacturing of cement). Carbon dioxide is removed from the atmosphere (or “sequestered”) when it is absorbed by plants as part of the biological carbon cycle.
  • Methane (CH4) is emitted during the production and transport of coal, natural gas, and oil. Methane emissions also result from livestock and other agricultural practices and by the decay of organic waste in municipal solid waste landfills.
  • Nitrous oxide (N2O) is emitted during agricultural and industrial activities, as well as during combustion of fossil fuels and solid waste.
  • Fluorinated gases, including hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride, are synthetic, powerful GHGs that are emitted from a variety of industrial processes. Fluorinated gases are sometimes used as substitutes for stratospheric ozone-depleting substances (e.g., chlorofluorocarbons, hydrochlorofluorocarbons, and halons). These gases are typically emitted in smaller quantities, but because they are potent greenhouse gases, they are sometimes referred to as high Global Warming Potential (GWP) gases.

GHG emissions are measured in parts per million, parts per billion, or parts per trillion. One part per million is roughly equal to one drop of water spread into 13 gallons of liquid.

Each gas's effect on climate change depends on three main factors:

  1. How much of these gases are in the atmosphere. Concentration, or abundance, is the amount of a particular gas in the air. Larger emissions of GHGs lead to higher concentrations in the atmosphere.
  2. How long they stay in the atmosphere. Each of these gases can remain in the atmosphere for different amounts of time, ranging from a few years to thousands of years. All these gases remain in the atmosphere long enough to become well mixed, meaning that the amount that is measured in the atmosphere is roughly the same all over the world, regardless of the source of the emissions.
  3. How strongly they impact the atmosphere. Some gases have higher global warming potentials, meaning they have more of a heat-trapping effect at lower levels than other GHGs.

Global Warming Potential

  • Gases with a higher GWP absorb more energy, per pound, than gases with a lower GWP, and thus contribute more to warming the Earth.

For each greenhouse gas (GHG), a Global Warming Potential (GWP) has been calculated to reflect how long it remains in the atmosphere (on average) and how strongly it absorbs energy. Gases with a higher GWP absorb more energy, per pound, than gases with a lower GWP, and thus contribute more to warming the Earth.

The GWP, also known as “carbon dioxide equivalent,” allows comparisons of the global warming impacts of different gases. Specifically, it measures how much energy the emissions of one ton of a gas will absorb over a given period relative to the emissions of one ton of carbon dioxide (CO2). The time period usually used for GWPs is 100 years.

  • CO2, by definition, has a GWP of one regardless of the time period used, because it is the gas being used as the reference. CO2 remains in the climate system for a very long time; CO2 emissions cause increases in atmospheric concentrations of CO2 that will last thousands of years.
  • Methane (CH4) is estimated to have a GWP of 28–36 over 100 years. CH4 emitted today lasts about a decade on average, which is much less time than CO2. But CH4 also absorbs much more energy than CO2. The net effect of the shorter lifetime and higher energy absorption is reflected in the GWP. The CH4 GWP also accounts for some indirect effects, such as the fact that CH4 is a precursor to ozone (O3), and O3 is itself a GHG.
  • Nitrous oxide (N2O) has a GWP 265–298 times that of CO2 for a 100-year timescale. N2O emitted today remains in the atmosphere for more than 100 years, on average.
  • Fluorinated gases such as chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) are sometimes called high-GWP gases because, for a given amount of mass, they trap substantially more heat than CO2. The GWPs for these gases can be in the thousands or tens of thousands.

Federal mandatory reporting

  • GHG reporting is required for sources that emit 25,000 metric tons or more of CO2 equivalent per year in the U.S.
  • There are three type of greenhouse gas source categories “all-in”, threshold, and stationary fuel combustion sources.

The Environmental Protection Agency’s (EPA’s) 2009 Mandatory Reporting of Greenhouse Gases Rule at 40 CFR 98 requires large sources and suppliers to report their emissions of greenhouse gases (GHGs) to the EPA. The reporting program is called the Greenhouse Gas Reporting Program (GHGRP).

According to the EPA, more than 13,000 facilities in the U.S. are covered by the GHGRP.

Part 98

Part 98 is divided into 43 subparts. Subpart A lists the general reporting and recordkeeping requirements to apply to all facilities and suppliers subject to the rule. It also contains the applicability provisions, the reporting schedule, and definitions.

Subpart A also contains the overarching requirements of the rule. For example, there are flow meter accuracy and calibration provisions that apply when they are specified in a particular subpart. The specific types of monitoring equipment needed is defined in the source category subpart, however.

Subparts C through UU contain specific requirements for each of the source categories covered by the rule. The company must follow all the subparts that pertain to the facility. For example, if the facility produces adipic acid and has fuel combustion sources, the company needs to read subpart C, general stationary fuel combustion sources, and subpart R for adipic acid production.

Each subpart defines the specific source category it covers and lists the monitoring methods, equations to calculate emissions, and specific data elements to report or record for that source category.

Who’s covered?

40 CFR part 98 requires reporting by 41 industrial categories. Reporting is required for sources that emit 25,000 metric tons or more of carbon dioxide (CO2) equivalent per year in the U.S. This includes 33 different types of direct emitters and six types of suppliers of fuel or industrial greenhouse gases. In addition, facilities that inject CO2 underground for geologic sequestration, enhanced oil recovery, or other purpose are subject to mandatory GHG reporting.

Applicability for facilities depends on the source categories located at the facility and, for some facilities, the emission level or production capacity. Reporting is at the facility level except for certain suppliers of fossil fuels and industrial greenhouse gases.

The emissions reporting requirements for direct emitting facilities are found in 40 CFR 98.3(c)(4), and the emissions reporting requirements for suppliers are found in 98.3(c)(5)

A facility is defined as the physical property, plant, building, structure, source, or stationary equipment:

  • On contiguous or adjacent properties;
  • In actual physical contact or separated solely by public roadway or other public right of way; and
  • Under common ownership or common control.

Once the company establishes the facility boundary, applicability depends on the source categories that are present. The rule defines three types of source categories:

  • “All-in” source categories,
  • Threshold categories, and
  • Stationary fuel combustion sources.

If the company has multiple source categories on site, do not designate the facility as being a single source category (for example, based on determining the predominant operation). Rather, evaluate each source category to assess applicability. Keep in mind that a facility with multiple source categories can become subject to the rule because of just one category. But if the company is subject to the rule, then the GHG report must cover ALL source categories for which methods are provided in the rule — not just the source category that triggered applicability.

State GHG reporting

  • At least 21 states have GHG reporting requirements that differ from the federal GHG reporting requirements.

At least 21 states have greenhouse gas (GHG) reporting requirements that differ from the federal GHG reporting requirements. For example, Washington State’s Clean Air Rule calls for industries to report on 10,000 metric tons or more of carbon dioxide (CO2) or CO2 equivalents — by contrast, the federal reporting threshold is 25,000 metric tons or more of CO2 equivalents. North Carolina, however, encourages but does not require GHG reporting from large, permitted facilities.

Some states piggyback off the federal GHG Reporting Program (GHGRP) and extract state-specific data from the report, and states may also have GHG reporting deadlines that are different from the annual federal deadline of March 31.

The bottom line is that the company must know whether the state has additional GHG reporting requirements for the industry or the facility’s emissions. The following states have different or additional GHGRP requirements:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Washington
  • West Virginia

Hazardous air pollutants

  • HAPs are pollutants that are known or suspected to cause cancer, other serious health effects, or adverse environmental effects.
  • The CAA requires the EPA to regulate HAPs from large industrial facilities in two phases.

The National Emissions Standards for Hazardous Air Pollutants (NESHAPs) are standards for stationary sources of hazardous air pollutants (HAPs). HAPs are pollutants that are known or suspected to cause cancer, other serious health effects (such as reproductive effects or birth defects), or adverse environmental effects. HAPs are often referred to as air toxics.

Each NESHAP standard can be delegated to a state, although the Environmental Protection Agency (EPA) and the states both implement and enforce the standards. The EPA works with states, local governments, tribal governments to reduce air emissions for 187 specific HAPs. The Clean Air Act (CAA) requires the EPA to regulate HAPs from large industrial facilities in two phases:

  • Phase 1 is technology-based. The EPA develops standards for controlling HAPs emissions from sources in an industry group and/or source category. These are the maximum achievable control technology (MACT) standards. MACT standards are based on emissions levels that are already being achieved by the lowest emitting sources in an industry.
  • Phase 2 is a risk-based approach, called residual risk. The CAA requires the EPA to determine whether more health-protective standards are necessary. Within eight years of setting the MACT standards, the EPA must assess the remaining health risks from each source category for the effectiveness of the MACT standards to protect public health with an “ample margin of safety,” and against environmental effects.

Every eight years after setting the MACT standards, the EPA must review and revise the standards, if necessary, to account for improvements in air pollution controls and prevention techniques. The first eight-year review, when combined with the residual risk review, is called the risk and technology review (RTR).

To comply with the NESHAPs, the company needs to know the industrial source category (e.g., oil and gas, aluminum manufacturing, etc.), and whether they are a major or minor source of toxic air emissions. Depending on the source category and emissions, compliance will include:

  • Performing an initial performance test to demonstrate compliance with the NESHAPs.
  • Monitoring and reports.
  • Installing and operating continuous emission monitors (if required).
  • Detecting and repairing leaking or malfunctioning equipment.

HAP list

  • There are 187 HAPs that the EPA is required to regulate under the CAA.

The current list of hazardous air pollutants (HAPs) that the Environmental Protection Agency (EPA) is required to regulate under the Clean Air Act (CAA) includes 187 chemicals, enumerated in the table below by their Chemical Abstracts Service (CAS) numbers and chemical names.

NOTE: For all listings below which contain the word “compounds” and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.

CAS NumberChemical Name
75070 Acetaldehyde
60355Acetamide
75058Acetonitrile
98862Acetophenone
539632-Acetylaminofluorene
107028Acrolein
79061Acrylamide
79107Acrylic acid
107131Acrylonitrile
107051Allyl chloride
926714-Aminobiphenyl
62533Aniline
90040o-Anisidine
1332214Asbestos
71432Benzene (including benzene from gasoline)
92875Benzidine
98077Benzotrichloride
100447Benzyl chloride
92524Biphenyl
117817Bis(2-ethylhexyl)phthalate (DEHP)
542881Bis(chloromethyl)ether
75252Bromoform
1069901,3-Butadiene
156627Calcium cyanamide
105602Caprolactam
133062Captan
63252Carbaryl
75150Carbon disulfide
56235Carbon tetrachloride
463581Carbonyl sulfide
120809Catechol
133904Chloramben
57749Chlordane
7782505Chlorine
79118Chloroacetic acid
5322742-Chloroacetophenone
108907Chlorobenzene
510156Chlorobenzilate
67663Chloroform
107302Chloromethyl methyl ether
126998Chloroprene
1319773Cresols/Cresylic acid (isomers and mixture)
95487o-Cresol
108394m-Cresol
106445p-Cresol
98828Cumene
947572,4-D, salts and esters
3547044DDE
334883Diazomethane
132649Dibenzofurans
961281,2-Dibromo-3-chloropropane
84742Dibutylphthalate
1064671,4-Dichlorobenzene(p)
919413,3-Dichlorobenzidene
111444Dichloroethyl ether (Bis(2-chloroethyl)ether)
5427561,3-Dichloropropene
62737Dichlorvos
111422Diethanolamine
121697N,N-Dimethylaniline
64675Diethyl sulfate
1199043,3-Dimethoxybenzidine
60117Dimethyl aminoazobenzene
1199373,3'-Dimethyl benzidine
79447Dimethyl carbamoyl chloride
68122Dimethyl formamide
571471,1-Dimethyl hydrazine
131113Dimethyl phthalate
77781Dimethyl sulfate
5345214,6-Dinitro-o-cresol, and salts
512852,4-Dinitrophenol
1211422,4-Dinitrotoluene
1239111,4-Dioxane (1,4-Diethyleneoxide)
1226671,2-Diphenylhydrazine
106898Epichlorohydrin (l-Chloro-2,3-epoxypropane)
1068871,2-Epoxybutane
140885Ethyl acrylate
100414Ethyl benzene
51796Ethyl carbamate (Urethane)
75003Ethyl chloride (Chloroethane)
106934Ethylene dibromide (Dibromoethane)
107062Ethylene dichloride (1,2-Dichloroethane)
107211Ethylene glycol
151564Ethylene imine (Aziridine)
75218Ethylene oxide
96457Ethylene thiourea
75343Ethylidene dichloride (1,1-Dichloroethane)
50000Formaldehyde
76448Heptachlor
118741Hexachlorobenzene
87683Hexachlorobutadiene
77474Hexachlorocyclopentadiene
67721Hexachloroethane
822060Hexamethylene-1,6-diisocyanate
680319 Hexamethylphosphoramide
110543Hexane
302012Hydrazine
7647010Hydrochloric acid
7664393Hydrogen fluoride (Hydrofluoric acid)
7783064Hydrogen sulfide
123319Hydroquinone
78591Isophorone
58899Lindane (all isomers)
108316Maleic anhydride
67561Methanol
72435Methoxychlor
74839Methyl bromide (Bromomethane)
74873Methyl chloride (Chloromethane)
71556Methyl chloroform (1,1,1-Trichloroethane)
78933Methyl ethyl ketone (2-Butanone)
60344Methyl hydrazine
74884Methyl iodide (Iodomethane)
108101Methyl isobutyl ketone (Hexone)
624839Methyl isocyanate
80626Methyl methacrylate
1634044Methyl tert butyl ether
1011444,4-Methylene bis(2-chloroaniline)
75092Methylene chloride (Dichloromethane)
101688Methylene diphenyl diisocyanate (MDI)
1017794,4'-Methylenedianiline
91203Naphthalene
98953Nitrobenzene
929334-Nitrobiphenyl
1000274-Nitrophenol
794692-Nitropropane
684935N-Nitroso-N-methylurea
62759N-Nitrosodimethylamine
59892N-Nitrosomorpholine
56382Parathion
82688Pentachloronitrobenzene (Quintobenzene)
87865Pentachlorophenol
108952Phenol
106503p-Phenylenediamine
75445Phosgene
7803512Phosphine
7723140Phosphorus
85449Phthalic anhydride
1336363Polychlorinated biphenyls (Aroclors)
11207141,3-Propane sultone
57578beta-Propiolactone
123386Propionaldehyde
114261Propoxur (Baygon)
78875Propylene dichloride (1,2-Dichloropropane)
75569Propylene oxide
755581,2-Propylenimine (2-Methyl aziridine)
91225Quinoline
106514Quinone
100425Styrene
96093Styrene oxide
17460162,3,7,8-Tetrachlorodibenzo-p-dioxin
793451,1,2,2-Tetrachloroethane
127184Tetrachloroethylene (Perchloroethylene)
7550450Titanium tetrachloride
108883Toluene
958072,4-Toluene diamine
5848492,4-Toluene diisocyanate
95534o-Toluidine
8001352Toxaphene (chlorinated camphene)
1208211,2,4-Trichlorobenzene
790051,1,2-Trichloroethane
79016Trichloroethylene
959542,4,5-Trichlorophenol
880622,4,6-Trichlorophenol
121448Triethylamine
1582098Trifluralin
5408412,2,4-Trimethylpentane
108054Vinyl acetate
593602Vinyl bromide
75014Vinyl chloride
75354Vinylidene chloride (1,1-Dichloroethylene)
1330207Xylenes (isomers and mixture)
95476o-Xylenes
108383m-Xylenes
106423p-Xylenes
0Antimony compounds
Arsenic compounds (inorganic including arsine)
Beryllium compounds
Cadmium compounds
Chromium compounds
Cobalt compounds
Coke oven emissions
Cyanide compounds
Glycol ethers
Lead compounds
Manganese compounds
Mercury compounds
Fine mineral fibers
Nickel compounds
Polycyclic organic matter
Radionuclides (including radon)
Selenium compounds

Major and minor sources

  • The EPA regulates major and minor stationary sources of HAPs.
  • Major sources that take steps to upgrade their facilities or install pollution-reduction equipment can potentially be reclassified as area sources.
  • While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread.

The Environmental Protection Agency (EPA) regulates two types of stationary sources of hazardous air pollutants (HAPs):

  • Major sources are those that emit 10 tons per year (tpy) of any of the 187 listed toxic air pollutants, or 25 tpy of a mixture of air toxics. These sources may release air toxics from equipment leaks, during the transfer of materials, or during discharge through emissions stacks or vents.
  • Area sources (or minor sources) are smaller-sized facilities that release lesser amounts of toxic pollutants into the air. Area sources emit less than 10 tpy of a single air toxic or less than 25 tpy of a combination of air toxics.

The 1990 Clean Air Act (CAA) amendments directed the EPA to set standards for all major sources of air toxics and some area sources that are of particular concern.

Major sources

For major sources, the EPA establishes maximum achievable control technology (MACT) standards. The EPA applies MACT standards for most source categories based on the emission controls that are being achieved by the best-controlled sources in that category. While MACT standards for existing major sources may be less stringent than for new sources, existing sources must meet one of the following:

  1. For sources in categories or subcategories containing 30 or more sources, at least as stringent as the average emission limitation met by the best performing 12 percent of existing sources.
  2. For source in categories containing less than 30 sources, at least as stringent as the average emission limitation met by the best performing five sources.

MACT can be limits on emissions of HAPs, or it can involve technology requirements for controlling emissions. When setting MACTs, the EPA must consider the cost, energy consumption, and other environmental consequences such as waste disposal and water quality.

If the company is a major source of HAPs, they must meet certain emission performance standards, which involves:

  1. Meeting air pollution control limits set by the federal government based on performance standards that have been achieved in practice by a similar industry, process, or equipment.
  2. Obtaining a Title V operating permit.

In the past, once a business qualified as a major source, the business had to continue as a major source, even if it reduced its emissions to below major source levels. However, a January 2018 memo from the EPA reversed this long-standing policy known as “once in, always in.” This means that major sources can take steps to upgrade their facilities or install pollution-reduction equipment and potentially be reclassified as area sources.

Area (or minor) sources

A facility that cannot emit a level of criteria pollutants or HAPs equal to a major source is called an area source (or minor source). To be an area source, the business must:

  • Have a potential to emit (PTE) below major source levels, or
  • Have a PTE at or above major source levels, but limit its operations or emissions. These businesses must obtain an operating permit from the state air pollution control agency which places limits on the facility’s operations or emissions. This could include specific restrictions or requirements on:
    • The use, operation, and maintenance of air pollution control equipment;
    • Operating time;
    • The types and amounts of input materials used (e.g., fuel or solvents); and
    • Recordkeeping and reporting.

While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread. The collective emissions from area sources can add up to more than the emissions from major sources. Examples of area sources are gas stations and dry cleaners, and these area sources may also be subject to regulation.

The EPA says that to use a limitation to reduce the maximum capacity and be considered an area source, the limitation must be an unchanging and unavoidable physical constraint. The constraint(s) must result in predictable upper limits on the facility operations and capacity.

Area sources must meet generally available control technology (GACT). These are less stringent standards than those required by major sources and are usually easier to meet.

NESHAP source category list

  • There are numerous NESHAP source categories each with unique subparts under which they are regulated.

The following table lists source categories under the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and the subpart under which they are regulated.

Acrylic/Modacrylic Fiber (area sources) 40 CFR 63 Subpart LLLLLL (6L)
Aerospace40 CFR 63 Subpart GG
Asbestos40 CFR 61 Subpart M
Asphalt Processing and Asphalt Roofing Manufacturing40 CFR 63 Subpart LLLLL
Asphalt Processing and Asphalt Roofing Manufacturing (area sources)40 CFR 63 Subpart AAAAAAA (7A)
Auto and Light Duty Truck Surface Coating40 CFR 63 Subpart IIII
Auto Body Refinishing (area sources) - see Paint Stripping and Miscellaneous Surface Coating Operations
Benzene Transfer Operations40 CFR 61 Subpart BB
Benzene Waste Operations40 CFR 61 Subpart FF
Beryllium40 CFR 61 Subpart C
Beryllium Rocket Motor Firing40 CFR 61 Subpart D
Boat Manufacturing40 CFR 63 Subpart VVVV
Boilers (see Industrial-Commercial-Institutional Boilers)
Brick and Structural Clay Products Manufacturing (see also Clay Ceramics)40 CFR 63 Subpart JJJJJ
Carbon Black Production (area sources)40 CFR 63 Subpart MMMMMM (6M)
Cellulose Products Manufacturing40 CFR 63 Subpart UUUU
Chemical Manufacturing Industry (area sources): CMAS40 CFR 63 Subpart VVVVVV (6V)
Chemical Preparations Industry (area sources)40 CFR 63 Subpart BBBBBBB (7B)
Chromium Electroplating40 CFR 63 Subpart N
Chromium Compounds (area sources)40 CFR 63 Subpart NNNNNN (6N)
Clay Ceramics Manufacturing (see also Brick and Clay Products)40 CFR 63 Subpart KKKKK
Clay Ceramics Manufacturing (area sources)40 CFR 63 Subpart RRRRRR (6R)
Coke Ovens: Charging, Top Side, and Door Leaks40 CFR 63 Subpart L
Coke Ovens: Pushing, Quenching, and Battery Stacks40 CFR 63 Subpart CCCCC
Coke Oven By-product Recovery Plants40 CFR 61 Subpart L
Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills (Pulp and Paper maximum achievable control technology (MACT) II) (see also Pulp and Paper noncombust MACT)40 CFR 63 Subpart MM
Commercial Sterilizers (see Ethylene Oxide Emission Standards for Sterilization Facilities)
Degreasing Organic Cleaners (see Halogenated Solvent Cleaners)
Dry Cleaning40 CFR 63 Subpart M
Electric Arc Furnace Steelmaking Facilities (area sources)40 CFR 63 Subpart YYYYY
Engine Test Cells/Stands (see also Beryllium Rocket Motor Firing)40 CFR 63 Subpart PPPPP
Ethylene Oxide Emission Standards for Sterilization Facilities (see also Hospital Ethylene Oxide Sterilizers)40 CFR 63 Subpart O
Fabric Printing, Coating and Dyeing40 CFR 63 Subpart OOOO
Ferroalloys Production (major sources)40 CFR 63 Subpart XXX
Ferroalloys Production (area sources)40 CFR 63 Subpart YYYYYY (6Y)
Flexible Polyurethane Foam Fabrication Operation40 CFR 63 Subpart MMMMM
Flexible Polyurethane Foam Production and Fabrication (area sources)40 CFR 63 Subpart OOOOOO (6-O)
Flexible Polyurethane Foam Production40 CFR 63 Subpart III
Friction Products Manufacturing40 CFR 63 Subpart QQQQQ
Gasoline Dispensing Facilities (area sources)40 CFR 63 Subpart CCCCCC (6C)
Gasoline Distribution (Stage 1)40 CFR 63 Subpart R
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (area sources)40 CFR 63 Subpart BBBBBB (6B)
Generic MACT I - Acetal Resins40 CFR 63 Subpart YY
Generic MACT I - Hydrogen Floride40 CFR 63 Subpart YY
Generic MACT I - Polycarbonates Production40 CFR 63 Subpart YY
Generic MACT I - Acrylic/Modacrylic Fibers40 CFR 63 Subpart YY
Generic MACT II - Spandex Production40 CFR 63 Subpart YY
Generic MACT II - Carbon Black Production40 CFR 63 Subpart YY
Generic MACT II - Ethylene Processes40 CFR 63 Subpart YY
Glass Manufacturing (area sources)40 CFR 63 Subpart SSSSSS (6S)
Glass Manufacturing - Inorganic Arsenic40 CFR 61 Subpart N
Gold Mine Ore Processing and Production (area sources)40 CFR 63 Subpart EEEEEEE (7E)
Halogenated Solvent Cleaning40 CFR 63 Subpart T
Hazardous Organic NESHAP (Synthetic Organic Chemical Manufacturing Industry)40 CFR 63 Subpart F, G, H, I
Hazardous Waste Combustors40 CFR 63 Subpart EEE
Hospital Ethylene Oxide Sterilizers (area sources) (see also Ethylene Oxide Sterilizers)40 CFR 63 Subpart WWWWW
Hydrochloric Acid Production40 CFR 63 Subpart NNNNN
Industrial, Commercial and Institutional Boilers and Process Heaters (major sources)40 CFR 63 Subpart DDDDD
Industrial, Commercial and Institutional Boilers (area sources) (see also Boiler Compliance at Area Sources)40 CFR 63 Subpart JJJJJJ (6J)
Industrial Process Cooling Towers40 CFR 63 Subpart Q
Inorganic Arsenic Emissions from Primary Copper Smelters40 CFR 61 Subpart O
Inorganic Arsenic from Arsenic trioxide and Metallic Arsenic Production40 CFR 61 Subpart P
Integrated Iron and Steel40 CFR 63 Subpart FFFFF
Iron and Steel Foundries (major sources)40 CFR 63 Subpart EEEEE
Iron and Steel Foundries (area sources)40 CFR 63 Subpart ZZZZZ
Large Appliances Surface Coating40 CFR 63 Subpart NNNN
Lead Acid Battery Manufacturing (area sources)40 CFR 63 Subpart PPPPPP (6P)
Leather Finishing Operations40 CFR 63 Subpart TTTT
Lime Manufacturing40 CFR 63 Subpart AAAAA
Magnetic Tape Surface Coating40 CFR 63 Subpart EE
Manufacturing Nutritional Yeast (formerly Baker's Yeast)40 CFR 63 Subpart CCCC
Marine Vessel Loading Operations40 CFR 63 Subpart Y
Mercury Cell Chlor-Alkali Plants40 CFR 63 Subpart IIIII
Mercury Production40 CFR 61 Subpart E
Metal Can Surface Coating40 CFR 63 Subpart KKKK
Metal Coil Surface Coating40 CFR 63 Subpart SSSS
Metal Fabrication and Finishing Source Nine Categories (area sources)40 CFR 63 Subpart XXXXXX (6X)
Metal Furniture Surface Coating40 CFR 63 Subpart RRRR
Mineral Wool Production40 CFR 63 Subpart DDD
Miscellaneous Coating Manufacturing40 CFR 63 Subpart HHHHH
Miscellaneous Metal Parts and Products Surface Coating40 CFR 63 Subpart MMMM
Misc. Organic Chemical Production and Processes (MON)40 CFR 63 Subpart FFFF
Municipal Solid Waste Landfills40 CFR 63 Subpart AAAA
Natural Gas Transmission and Storage40 CFR 63 Subpart HHH
Nonferrous Foundries: Aluminum, Copper, and Other (area sources)40 CFR 63 Subpart ZZZZZZ (6Z)
Off-Site Waste Recovery Operations40 CFR 63 Subpart DD
Oil and Natural Gas Production includes Area Sources40 CFR 63 Subpart HH
Oil-Water Separators and Organic-Water Separators40 CFR 63 Subpart VV
Organic Liquids Distribution (non-gasoline)40 CFR 63 Subpart EEEE
Paints and Allied Products Manufacturing (area sources)40 CFR 63 Subpart CCCCCCC (7C)
Paint Stripping and Miscellaneous Surface Coating Operations (area sources) (see also Collision Repair Campaign)40 CFR 63 Subpart HHHHHH (6H)
Paper and Other Web Surface Coating40 CFR 63 Subpart JJJJ
Pesticide Active Ingredient Production40 CFR 63 Subpart MMM
Petroleum Refineries40 CFR 63 Subpart CC
Petroleum Refineries40 CFR 63 Subpart UUU
Pharmaceuticals Production40 CFR 63 Subpart GGG
Phosphoric Acid40 CFR 63 Subpart AA
Phosphate Fertilizers40 CFR 63 Subpart BB
Plastic Parts Surface Coating40 CFR 63 Subpart PPPP
Plating and Polishing Operations (area sources)40 CFR 63 Subpart WWWWWW (6W)
Plywood and Composite Wood Products (formerly Plywood and Particle Board Manufacturing)40 CFR 63 Subpart DDDD
Polyether Polyols Production40 CFR 63 Subpart PPP
Polymers & Resins I40 CFR 63 Subpart U
Polymers & Resins II40 CFR 63 Subpart W
Polymers & Resins III40 CFR 63 Subpart OOO
Polymers & Resins IV40 CFR 63 Subpart JJJ
Polyvinyl Chloride and Copolymers Production40 CFR 63 Subpart HHHHHHH (7H)
Polyvinyl Chloride and Copolymers Production (area sources)40 CFR 63 Subpart DDDDDD (6D)
Portland Cement Manufacturing40 CFR 63 Subpart LLL
Prepared Feeds Manufacturing (area sources)40 CFR 63 Subpart DDDDDDD (7D)
Primary Aluminum40 CFR 63 Subpart LL
Primary Copper Smelting40 CFR 63 Subpart QQQ
Primary Copper Smelting (area sources)40 CFR 63 Subpart EEEEEE (6E)
Primary Lead Processing40 CFR 63 Subpart TTT
Primary Magnesium Refining40 CFR 63 Subpart TTTTT
Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium (area sources)40 CFR 63 Subpart GGGGGG (6G)
Printing and Publishing Surface Coating40 CFR 63 Subpart KK
Publicly Owned Treatment Works (POTW)40 CFR 63 Subpart VVV
Pulp and Paper (non-combust) MACT (see also Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills -Pulp and Paper MACT II)40 CFR 63 Subpart S
Reciprocating Internal Combustion Engines (RICE) includes area sources40 CFR 63 Subpart ZZZZ
Refractory Products Manufacturing40 CFR 63 Subpart SSSSS
Reinforced Plastic Composites Production40 CFR 63 Subpart WWWW
Rubber Tire Manufacturing40 CFR 63 Subpart XXXX
Secondary Aluminum40 CFR 63 Subpart RRR
Secondary Copper Smelting (area sources)40 CFR 63 Subpart FFFFFF (6F)
Secondary Lead Smelters40 CFR 63 Subpart X
Secondary Nonferrous Metals Processing (Brass, Bronze, Magnesium and Zinc) (area sources)40 CFR 63 Subpart TTTTTT (6T)
Semiconductor Manufacturing40 CFR 63 Subpart BBBBB
Shipbuilding and Ship Repair Surface Coating40 CFR 63 Subpart II
Site Remediation40 CFR 63 Subpart GGGGG
Solvent Extraction for Vegetable Oil Production40 CFR 63 Subpart GGGG
Stationary Combustion Turbines40 CFR 63 Subpart YYYY
Steel Pickling – Hydrochloric Acid (HCl Process40 CFR 63 Subpart CCC
Taconite Iron Ore Processing40 CFR 63 Subpart RRRRR
Utility NESHAP40 CFR 63 Subpart UUUUU
Vinyl Chloride40 CFR 61 Subpart F
Wet Formed Fiberglass Mat Production40 CFR 63 Subpart HHHH
Wood Building Products Surface Coating (formerly Flat Wood Paneling Products)40 CFR 63 Subpart QQQQ
Wood Furniture Surface Coating40 CFR 63 Subpart JJ
Wood Preserving (area sources)40 CFR 63 Subpart QQQQQQ (6Q)
Wool Fiberglass Manufacturing40 CFR 63 Subpart NNN
Wool Fiberglass Manufacturing (area sources)40 CFR 63 Subpart NN

Ozone-depleting substances

  • The sale or distribution of any refrigerant containing ozone-depleting CFCs or HCFCs is restricted to certified technicians.
  • In the U.S., ODS are regulated as Class I or Class II controlled substances.
  • Class I substances have a higher ozone depletion potential and have been completely phased out in the U.S. since 2002

The 1990 amendments to the Clean Air Act (CAA) added provisions for protecting the ozone layer. These amendments require the Environmental Protection Agency (EPA) to develop and implement regulations for managing ozone-depleting substances (ODS) in the United States. They also ensure the United States' commitment to implementing the Montreal Protocol.

Cited under 40 CFR 82Protection of Stratospheric Ozone, many ODS (i.e., all Class I substances and most Class II substances) should already be phased out of industrial, and current compliance with ODS regulations revolves around the servicing of stationary refrigeration and air conditioning (section 608 of the CAA) and motor vehicle air conditioners (section 609 of the CAA).

The sale or distribution of any refrigerant containing ozone-depleting chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs) is restricted to technicians certified under sections 608 or 609 of the CAA. CFC-12 in a container of less than 20 pounds may only be sold to technicians certified under section 609. Any person who sells or distributes CFC-12 in containers less than 20 pounds must verify that the purchaser has obtained certification by an EPA-approved section 609 technician training and certification program.

An exception to these requirements is when small containers are purchased for resale only. In this case, the seller must obtain a written statement from the purchaser that the containers are for resale only. The statement must include the purchasers name and business address. Records must be maintained for three years.

In all cases, the seller must display a sign where sales occur stating the certification requirements for purchasers.

Phaseout program

In the United States, ozone-depleting substances (ODS) are regulated as Class I or Class II controlled substances.

Class I substances include:

  • Chlorofluorocarbons (CFCs)
  • Halons
  • Carbon tetrachloride
  • Methyl chloroform

These Class I substances have a higher ozone depletion potential and have been completely phased out in the U.S. since 2002; with a few exceptions, this means no one can produce or import Class I substances.

Class II substances are all hydrochlorofluorocarbons (HCFCs), which are transitional substitutes for many Class I substances. New production and import of most HCFCs will be phased out by 2020, and there must be no production or import of any HCFCs by 2030. The most common HCFC in use today is HCFC-22 or R-22, a refrigerant still used in existing air conditioners and refrigeration equipment.

Find tables listing Class I ODS and Class II ODS at epa.gov/ozone/science/ods/index.html.

Stationary source servicing (section 608)

  • Only three types of releases of ODS or their substitutes are permitted.

Stationary refrigeration, air conditioning, and heat pump equipment is used in all types of buildings. The Environmental Protection Agency (EPA) regulations under 608 of the Clean Air Act (CAA) address the handling and recycling of refrigerants used in these types of equipment. These regulations are designed to:

  • Prevent the release of ozone-depleting substances (ODS) when stationary equipment is being serviced, maintained, repaired, or disposed.
  • Reduce the use and emission of ODS from stationary equipment.
  • Maximize the recapture and recycling of ODS from stationary equipment.
  • Ensure the safe disposal of ODS.

EPA regulations under section 608 prohibit anyone from intentionally venting ODS or their substitutes while maintaining, servicing, repairing, or disposing of air-conditioning or refrigeration equipment. Only three types of releases are permitted:

  1. De minimis quantities of refrigerant released while making good faith attempts to recapture and recycle or safely dispose of refrigerant, including releases that occur when connecting or disconnecting hoses to charge or service appliances.
  2. Refrigerant emitted during the normal operation of air-conditioning and refrigeration equipment (as opposed to during the maintenance, servicing, repair, or disposal of this equipment), such as from mechanical purging and leaks. However, the EPA requires that leaks above a certain size be repaired in equipment that contains 50 pounds of refrigerant or more.
  3. Releases of substitute refrigerants that EPA has determined do not pose a threat to the environment.

The EPA requires technicians who service stationary refrigeration and air-conditioning equipment to follow specific practices. These practices are meant to maximize recovery and recycling of refrigerants, which can be ODS or potent greenhouse gases. Different practices apply to different equipment, depending on their size and manufacture.

Refrigerant stationary source recordkeeping and technician certification

  • Technicians must keep a copy of their proof of certification at their place of business.
  • Technicians are required to pass an EPA-approved test to earn Section 608 Technician Certification.
  • The EPA has developed four types of technician certifications.

Recordkeeping

EPA regulations under section 608 include recordkeeping requirements that are specific to different persons or companies involved with stationary refrigeration and air-conditioning equipment.

  • Technicians must keep a copy of their proof of certification at their place of business. Technicians servicing appliances that contain 50 or more pounds of ozone-depleting refrigerant must provide the owner with an invoice that indicates the amount of refrigerant added to the appliance. This requirement also applies to HFC and other non-exempt substitute refrigerants. Technicians must provide records of leak inspections and tests performed to verify repairs of leaking appliances. Technicians disposing of appliances containing between five and 50 pounds of refrigerant must keep records of the disposal.
  • Owners or operators of appliances that contain 50 or more pounds of ozone-depleting refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added. This requirement also applies to HFC and other non-exempt substitute refrigerants. Owners or operators will also be required to maintain records of leak inspections and tests performed to verify repairs of leaking appliances and must submit a report to the EPA for any appliance containing 50 or more pounds of refrigerant that leaks 125 percent or more of the full charge in a calendar year. This report must describe efforts to identify leaks and repair the appliance.
  • Reclaimers must maintain records of the names and addresses of persons sending them material for reclamation and the quantity of material sent to them for reclamation. This must be maintained on a transactional basis. Reclaimers must report to the EPA by the first of February annually the total quantity of refrigerant sent to them the previous year for reclamation, the mass of refrigerant reclaimed that year, and the mass of waste products generated that year.

Technician certification

Technicians are required to pass an EPA-approved test to earn Section 608 Technician Certification. The tests are specific to the type of equipment the technician seeks to work on. Tests must be administered by an EPA-approved certifying organization. Section 608 Technician Certification credentials do not expire.

A technician is an individual who performs any of the following activities:

  • Attaching and detaching hoses and gauges to and from an appliance to measure pressure within the appliance.
  • Adding refrigerant to or removing refrigerant from an appliance.
  • Any other activity that violates the integrity of a motor vehicle air conditioner (MVAC)-like appliance or small appliance (other than disposal).

Apprentices are exempt from certification requirements provided they are closely and continually supervised by a certified technician.

The EPA has developed four types of certifications:

  1. For servicing small appliances (Type I).
  2. For servicing or disposing of high- or very high-pressure appliances, except small appliances and MVACs (Type II).
  3. For servicing or disposing of low-pressure appliances (Type III).
  4. For servicing all types of equipment (Universal).

Motor vehicle air-conditioner servicing (Section 609)

  • The MVAC regulations are designed to prevent the release of refrigerants during servicing.
  • Technicians who repair or service MVAC systems must be trained and certified under an EPA-approved technician training and certification program.
  • New service shops or shops servicing MVAC systems for the first time must certify to their EPA Regional Office that they have acquired and are properly using approved refrigerant handling equipment.

Under 609 of the Clean Air Act (CAA), the Environmental Protection Agency (EPA) regulates the servicing of motor vehicle air conditioners (MVACs) and MVAC-like equipment used in farm and heavy-duty equipment. The EPA’s regulations are designed to prevent the release of refrigerants during servicing. Basic compliant points include:

  • Refrigerant: Must be approved by the EPA and cannot be intentionally released (vented) to the environment.
  • Servicing: When payment of any kind is involved (including non-monetary), any person working on an MVAC system must be certified under 609 of the CAA and they must use approved refrigerant handling equipment.
  • Reusing Refrigerant: Refrigerant must be properly recycled or reclaimed before it can be reused, even if it is being returned to the vehicle from which it was removed.

The EPA evaluates alternative refrigerants under its Significant New Alternatives Policy (SNAP) program, established under 612 of the CAA. SNAP lists refrigerants for MVAC systems as either “acceptable subject to use conditions” or “unacceptable.” Each SNAP-approved refrigerant is required to be used with a unique set of fittings to prevent the accidental mixing of different refrigerants.

When an MVAC system enters the waste stream, the final person in the disposal chain must remove the refrigerant, or make certain that their customer has removed it, prior to disposal.

Technician training and certification

Technicians who repair or service MVAC systems for consideration (e.g., either payment or bartering), regardless of what refrigerant is used in the system, must be trained and certified under section 609 by an EPA-approved technician training and certification program. Technicians must use refrigerant handling equipment that has been certified by the EPA or an independent standards testing organization approved by the EPA to certify equipment.

Certified servicing equipment must be used to remove refrigerant prior to servicing or repairing an MVAC system or conducting any other service on a vehicle during which discharge of refrigerant can reasonably be expected. Recovered refrigerant must be either recycled or reclaimed before it can be recharged into an MVAC system, even if the refrigerant is being returned to the system from which it was removed.

Recovered refrigerant can either be recycled on-site using approved equipment designed to both recover and recycle refrigerant or sent off-site to a reclamation facility to be purified according to Air-Conditioning & Refrigeration Institute (ARI) Standard 700. Recycling removes impurities and oil, while reclamation returns the refrigerant to virgin specifications. Refrigerant sent off-site must be sent to an EPA-certified refrigerant reclaimer.

Recordkeeping requirements

New service shops or shops servicing MVAC systems for the first time must certify to their EPA Regional Office that they have acquired and are properly using approved refrigerant handling equipment. This is a one-time requirement. If a shop has certified ownership of a piece of chlorofluorocarbons (CFC)-12 or HFC-134a equipment at any time in the past, the shop is not required to re-submit certification to the EPA when they purchase new equipment. This applies even if the shop purchases equipment for a different refrigerant.

To certify equipment, provide a written statement signed by the person who acquired the equipment (this person may be the owner of the establishment or another responsible officer). Send the signed certification statement to the EPA Regional Office responsible for the state in which the establishment is located.

Service shops must maintain on-site records proving that each person using servicing equipment has been properly trained and certified under 609, as well as records of the name and address of any facility to which they send recovered refrigerant. These records must be maintained for three years.

Primary and secondary NAAQS

  • Primary NAAQS protect everyone including “sensitive populations” from health risk.
  • Secondary NAAQS address decreased visibility and damage to crops and vegetation, buildings and property, and ecosystems.

The Environmental Protection Agency (EPA) sets requirements for both primary and secondary national ambient air quality standards (NAAQS) at a national level. Primary NAAQS protect everyone including “sensitive populations” (e.g., children, people with asthma, and the elderly) from health risk. Secondary NAAQS address decreased visibility and damage to crops and vegetation, buildings and property, and ecosystems. The standards correspond to a specific averaging time, and some pollutants have standards for more than one averaging time.

The current primary and secondary NAAQS are listed in the table below. The units of measure are parts per million (ppm) by volume, parts per billion (ppb) by volume, and micrograms per cubic meter of air (µg/m3).

Primary and Secondary NAAQS
PollutantPrimary/ SecondaryAveraging TimeLevelForm
Carbon Monoxide (CO)primary8 hours9 ppmNot to be exceeded more than once per year
1 hour35 ppm
Lead (Pb)primary and secondaryRolling 3-month average0.15 ?g/m 3 (1)Not to be exceeded
Nitrogen Dioxide (NO2)primary1 hour100 ppb98th percentile of 1-hour daily maximum concentrations, averaged over 3 years
primary and secondary1 year53 ppb (2)Annual Mean
Ozone (O3)primary and secondary8 hours0.070 ppm (3)Annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years
Particle Pollution (PM)PM 2.5primary1 year12.0 ?g/m 3annual mean, averaged over 3 years
secondary
primary and secondary1 year15.0 ?g/m 3
PM 10primary and secondary24 hours35 ?g/m 3annual mean, averaged over 3 years
98th percentile, averaged over 3 years
24 hours150 ?g/m 3Not to be exceeded more than once per year on average over 3 years
Sulfur Dioxide (SO2)primary1 hour75 ppm (4)99th percentile of 1-hour daily maximum concentrations, averaged over 3 years
secondary3 hours0.5 ppmNot to be exceeded more than once per year
(1) In areas designated nonattainment for the Pb standards prior to the promulgation of the current (2008) standards, and for which implementation plans to attain or maintain the current (2008) standards have not been submitted and approved, the previous standards (1.5 µg/m3 as a calendar quarter average) also remain in effect.
(2) The level of the annual NO2 standard is 0.053 ppm. It is shown here in terms of ppb for the purposes of clearer comparison to the one-hour standard level.
(3) Final rule signed October 1, 2015, and effective December 28, 2015. The previous (2008) O3 standards additionally remain in effect in some areas. Revocation of the previous (2008) O3 standards and transitioning to the current (2015) standards will be addressed in the implementation rule for the current standards.
(4) The previous SO2 standards (0.14 ppm 24-hour and 0.03 ppm annual) will additionally remain in effect in certain areas: (1) any area for which it is not yet one year since the effective date of designation under the current (2010) standards, and (2) any area for which an implementation plan providing for attainment of the current (2010) standard has not been submitted and approved and which is designated nonattainment under the previous SO2 standards or is not meeting the requirements of a State Implementation Plan (SIP) call under the previous SO2 standards (40 CFR 50.4(3)). A SIP call is an EPA action requiring a state to resubmit all or part of its State Implementation Plan to demonstrate attainment of the required NAAQS.

Attainment and nonattainment areas

  • Facilities in nonattainment areas will be subject to more restrictive permitting, and to mandated federal pollution control measures.

The United States is divided into different geographic areas known as “attainment areas.” An area that does not meet its national ambient air quality standards (NAAQS) is called a nonattainment area, and the Clean Air Act (CAA) requires each state to develop a State Implementation Plan (SIP) to identify sources of pollution and determine which reductions are required to meet federal air quality standards. Being out of attainment (i.e., nonattainment) can result in an area losing federal funding for highways and other transportation projects.

Facilities in nonattainment areas will be subject to more restrictive permitting, and the area will be subject to mandated federal pollution control measures. In addition, the federal government can impose special requirements for vehicles, such as emissions testing, that can affect ordinary citizens. Certain fuel blends may also be required for the area.

Once an area is found to be in nonattainment, the state, county, or area has three years to address the pollution and create an implementation plan describing how it will meet and maintain the standards. The plan must address reducing the criteria pollutants through pollution controls for stationary sources and vehicle emissions testing requirements for mobile sources.

State GHG reporting

  • At least 21 states have GHG reporting requirements that differ from the federal GHG reporting requirements.

At least 21 states have greenhouse gas (GHG) reporting requirements that differ from the federal GHG reporting requirements. For example, Washington State’s Clean Air Rule calls for industries to report on 10,000 metric tons or more of carbon dioxide (CO2) or CO2 equivalents — by contrast, the federal reporting threshold is 25,000 metric tons or more of CO2 equivalents. North Carolina, however, encourages but does not require GHG reporting from large, permitted facilities.

Some states piggyback off the federal GHG Reporting Program (GHGRP) and extract state-specific data from the report, and states may also have GHG reporting deadlines that are different from the annual federal deadline of March 31.

The bottom line is that the company must know whether the state has additional GHG reporting requirements for the industry or the facility’s emissions. The following states have different or additional GHGRP requirements:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Washington
  • West Virginia

Hazardous air pollutants

  • HAPs are pollutants that are known or suspected to cause cancer, other serious health effects, or adverse environmental effects.
  • The CAA requires the EPA to regulate HAPs from large industrial facilities in two phases.

The National Emissions Standards for Hazardous Air Pollutants (NESHAPs) are standards for stationary sources of hazardous air pollutants (HAPs). HAPs are pollutants that are known or suspected to cause cancer, other serious health effects (such as reproductive effects or birth defects), or adverse environmental effects. HAPs are often referred to as air toxics.

Each NESHAP standard can be delegated to a state, although the Environmental Protection Agency (EPA) and the states both implement and enforce the standards. The EPA works with states, local governments, tribal governments to reduce air emissions for 187 specific HAPs. The Clean Air Act (CAA) requires the EPA to regulate HAPs from large industrial facilities in two phases:

  • Phase 1 is technology-based. The EPA develops standards for controlling HAPs emissions from sources in an industry group and/or source category. These are the maximum achievable control technology (MACT) standards. MACT standards are based on emissions levels that are already being achieved by the lowest emitting sources in an industry.
  • Phase 2 is a risk-based approach, called residual risk. The CAA requires the EPA to determine whether more health-protective standards are necessary. Within eight years of setting the MACT standards, the EPA must assess the remaining health risks from each source category for the effectiveness of the MACT standards to protect public health with an “ample margin of safety,” and against environmental effects.

Every eight years after setting the MACT standards, the EPA must review and revise the standards, if necessary, to account for improvements in air pollution controls and prevention techniques. The first eight-year review, when combined with the residual risk review, is called the risk and technology review (RTR).

To comply with the NESHAPs, the company needs to know the industrial source category (e.g., oil and gas, aluminum manufacturing, etc.), and whether they are a major or minor source of toxic air emissions. Depending on the source category and emissions, compliance will include:

  • Performing an initial performance test to demonstrate compliance with the NESHAPs.
  • Monitoring and reports.
  • Installing and operating continuous emission monitors (if required).
  • Detecting and repairing leaking or malfunctioning equipment.

HAP list

  • There are 187 HAPs that the EPA is required to regulate under the CAA.

The current list of hazardous air pollutants (HAPs) that the Environmental Protection Agency (EPA) is required to regulate under the Clean Air Act (CAA) includes 187 chemicals, enumerated in the table below by their Chemical Abstracts Service (CAS) numbers and chemical names.

NOTE: For all listings below which contain the word “compounds” and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.

CAS NumberChemical Name
75070 Acetaldehyde
60355Acetamide
75058Acetonitrile
98862Acetophenone
539632-Acetylaminofluorene
107028Acrolein
79061Acrylamide
79107Acrylic acid
107131Acrylonitrile
107051Allyl chloride
926714-Aminobiphenyl
62533Aniline
90040o-Anisidine
1332214Asbestos
71432Benzene (including benzene from gasoline)
92875Benzidine
98077Benzotrichloride
100447Benzyl chloride
92524Biphenyl
117817Bis(2-ethylhexyl)phthalate (DEHP)
542881Bis(chloromethyl)ether
75252Bromoform
1069901,3-Butadiene
156627Calcium cyanamide
105602Caprolactam
133062Captan
63252Carbaryl
75150Carbon disulfide
56235Carbon tetrachloride
463581Carbonyl sulfide
120809Catechol
133904Chloramben
57749Chlordane
7782505Chlorine
79118Chloroacetic acid
5322742-Chloroacetophenone
108907Chlorobenzene
510156Chlorobenzilate
67663Chloroform
107302Chloromethyl methyl ether
126998Chloroprene
1319773Cresols/Cresylic acid (isomers and mixture)
95487o-Cresol
108394m-Cresol
106445p-Cresol
98828Cumene
947572,4-D, salts and esters
3547044DDE
334883Diazomethane
132649Dibenzofurans
961281,2-Dibromo-3-chloropropane
84742Dibutylphthalate
1064671,4-Dichlorobenzene(p)
919413,3-Dichlorobenzidene
111444Dichloroethyl ether (Bis(2-chloroethyl)ether)
5427561,3-Dichloropropene
62737Dichlorvos
111422Diethanolamine
121697N,N-Dimethylaniline
64675Diethyl sulfate
1199043,3-Dimethoxybenzidine
60117Dimethyl aminoazobenzene
1199373,3'-Dimethyl benzidine
79447Dimethyl carbamoyl chloride
68122Dimethyl formamide
571471,1-Dimethyl hydrazine
131113Dimethyl phthalate
77781Dimethyl sulfate
5345214,6-Dinitro-o-cresol, and salts
512852,4-Dinitrophenol
1211422,4-Dinitrotoluene
1239111,4-Dioxane (1,4-Diethyleneoxide)
1226671,2-Diphenylhydrazine
106898Epichlorohydrin (l-Chloro-2,3-epoxypropane)
1068871,2-Epoxybutane
140885Ethyl acrylate
100414Ethyl benzene
51796Ethyl carbamate (Urethane)
75003Ethyl chloride (Chloroethane)
106934Ethylene dibromide (Dibromoethane)
107062Ethylene dichloride (1,2-Dichloroethane)
107211Ethylene glycol
151564Ethylene imine (Aziridine)
75218Ethylene oxide
96457Ethylene thiourea
75343Ethylidene dichloride (1,1-Dichloroethane)
50000Formaldehyde
76448Heptachlor
118741Hexachlorobenzene
87683Hexachlorobutadiene
77474Hexachlorocyclopentadiene
67721Hexachloroethane
822060Hexamethylene-1,6-diisocyanate
680319 Hexamethylphosphoramide
110543Hexane
302012Hydrazine
7647010Hydrochloric acid
7664393Hydrogen fluoride (Hydrofluoric acid)
7783064Hydrogen sulfide
123319Hydroquinone
78591Isophorone
58899Lindane (all isomers)
108316Maleic anhydride
67561Methanol
72435Methoxychlor
74839Methyl bromide (Bromomethane)
74873Methyl chloride (Chloromethane)
71556Methyl chloroform (1,1,1-Trichloroethane)
78933Methyl ethyl ketone (2-Butanone)
60344Methyl hydrazine
74884Methyl iodide (Iodomethane)
108101Methyl isobutyl ketone (Hexone)
624839Methyl isocyanate
80626Methyl methacrylate
1634044Methyl tert butyl ether
1011444,4-Methylene bis(2-chloroaniline)
75092Methylene chloride (Dichloromethane)
101688Methylene diphenyl diisocyanate (MDI)
1017794,4'-Methylenedianiline
91203Naphthalene
98953Nitrobenzene
929334-Nitrobiphenyl
1000274-Nitrophenol
794692-Nitropropane
684935N-Nitroso-N-methylurea
62759N-Nitrosodimethylamine
59892N-Nitrosomorpholine
56382Parathion
82688Pentachloronitrobenzene (Quintobenzene)
87865Pentachlorophenol
108952Phenol
106503p-Phenylenediamine
75445Phosgene
7803512Phosphine
7723140Phosphorus
85449Phthalic anhydride
1336363Polychlorinated biphenyls (Aroclors)
11207141,3-Propane sultone
57578beta-Propiolactone
123386Propionaldehyde
114261Propoxur (Baygon)
78875Propylene dichloride (1,2-Dichloropropane)
75569Propylene oxide
755581,2-Propylenimine (2-Methyl aziridine)
91225Quinoline
106514Quinone
100425Styrene
96093Styrene oxide
17460162,3,7,8-Tetrachlorodibenzo-p-dioxin
793451,1,2,2-Tetrachloroethane
127184Tetrachloroethylene (Perchloroethylene)
7550450Titanium tetrachloride
108883Toluene
958072,4-Toluene diamine
5848492,4-Toluene diisocyanate
95534o-Toluidine
8001352Toxaphene (chlorinated camphene)
1208211,2,4-Trichlorobenzene
790051,1,2-Trichloroethane
79016Trichloroethylene
959542,4,5-Trichlorophenol
880622,4,6-Trichlorophenol
121448Triethylamine
1582098Trifluralin
5408412,2,4-Trimethylpentane
108054Vinyl acetate
593602Vinyl bromide
75014Vinyl chloride
75354Vinylidene chloride (1,1-Dichloroethylene)
1330207Xylenes (isomers and mixture)
95476o-Xylenes
108383m-Xylenes
106423p-Xylenes
0Antimony compounds
Arsenic compounds (inorganic including arsine)
Beryllium compounds
Cadmium compounds
Chromium compounds
Cobalt compounds
Coke oven emissions
Cyanide compounds
Glycol ethers
Lead compounds
Manganese compounds
Mercury compounds
Fine mineral fibers
Nickel compounds
Polycyclic organic matter
Radionuclides (including radon)
Selenium compounds

Major and minor sources

  • The EPA regulates major and minor stationary sources of HAPs.
  • Major sources that take steps to upgrade their facilities or install pollution-reduction equipment can potentially be reclassified as area sources.
  • While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread.

The Environmental Protection Agency (EPA) regulates two types of stationary sources of hazardous air pollutants (HAPs):

  • Major sources are those that emit 10 tons per year (tpy) of any of the 187 listed toxic air pollutants, or 25 tpy of a mixture of air toxics. These sources may release air toxics from equipment leaks, during the transfer of materials, or during discharge through emissions stacks or vents.
  • Area sources (or minor sources) are smaller-sized facilities that release lesser amounts of toxic pollutants into the air. Area sources emit less than 10 tpy of a single air toxic or less than 25 tpy of a combination of air toxics.

The 1990 Clean Air Act (CAA) amendments directed the EPA to set standards for all major sources of air toxics and some area sources that are of particular concern.

Major sources

For major sources, the EPA establishes maximum achievable control technology (MACT) standards. The EPA applies MACT standards for most source categories based on the emission controls that are being achieved by the best-controlled sources in that category. While MACT standards for existing major sources may be less stringent than for new sources, existing sources must meet one of the following:

  1. For sources in categories or subcategories containing 30 or more sources, at least as stringent as the average emission limitation met by the best performing 12 percent of existing sources.
  2. For source in categories containing less than 30 sources, at least as stringent as the average emission limitation met by the best performing five sources.

MACT can be limits on emissions of HAPs, or it can involve technology requirements for controlling emissions. When setting MACTs, the EPA must consider the cost, energy consumption, and other environmental consequences such as waste disposal and water quality.

If the company is a major source of HAPs, they must meet certain emission performance standards, which involves:

  1. Meeting air pollution control limits set by the federal government based on performance standards that have been achieved in practice by a similar industry, process, or equipment.
  2. Obtaining a Title V operating permit.

In the past, once a business qualified as a major source, the business had to continue as a major source, even if it reduced its emissions to below major source levels. However, a January 2018 memo from the EPA reversed this long-standing policy known as “once in, always in.” This means that major sources can take steps to upgrade their facilities or install pollution-reduction equipment and potentially be reclassified as area sources.

Area (or minor) sources

A facility that cannot emit a level of criteria pollutants or HAPs equal to a major source is called an area source (or minor source). To be an area source, the business must:

  • Have a potential to emit (PTE) below major source levels, or
  • Have a PTE at or above major source levels, but limit its operations or emissions. These businesses must obtain an operating permit from the state air pollution control agency which places limits on the facility’s operations or emissions. This could include specific restrictions or requirements on:
    • The use, operation, and maintenance of air pollution control equipment;
    • Operating time;
    • The types and amounts of input materials used (e.g., fuel or solvents); and
    • Recordkeeping and reporting.

While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread. The collective emissions from area sources can add up to more than the emissions from major sources. Examples of area sources are gas stations and dry cleaners, and these area sources may also be subject to regulation.

The EPA says that to use a limitation to reduce the maximum capacity and be considered an area source, the limitation must be an unchanging and unavoidable physical constraint. The constraint(s) must result in predictable upper limits on the facility operations and capacity.

Area sources must meet generally available control technology (GACT). These are less stringent standards than those required by major sources and are usually easier to meet.

NESHAP source category list

  • There are numerous NESHAP source categories each with unique subparts under which they are regulated.

The following table lists source categories under the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and the subpart under which they are regulated.

Acrylic/Modacrylic Fiber (area sources) 40 CFR 63 Subpart LLLLLL (6L)
Aerospace40 CFR 63 Subpart GG
Asbestos40 CFR 61 Subpart M
Asphalt Processing and Asphalt Roofing Manufacturing40 CFR 63 Subpart LLLLL
Asphalt Processing and Asphalt Roofing Manufacturing (area sources)40 CFR 63 Subpart AAAAAAA (7A)
Auto and Light Duty Truck Surface Coating40 CFR 63 Subpart IIII
Auto Body Refinishing (area sources) - see Paint Stripping and Miscellaneous Surface Coating Operations
Benzene Transfer Operations40 CFR 61 Subpart BB
Benzene Waste Operations40 CFR 61 Subpart FF
Beryllium40 CFR 61 Subpart C
Beryllium Rocket Motor Firing40 CFR 61 Subpart D
Boat Manufacturing40 CFR 63 Subpart VVVV
Boilers (see Industrial-Commercial-Institutional Boilers)
Brick and Structural Clay Products Manufacturing (see also Clay Ceramics)40 CFR 63 Subpart JJJJJ
Carbon Black Production (area sources)40 CFR 63 Subpart MMMMMM (6M)
Cellulose Products Manufacturing40 CFR 63 Subpart UUUU
Chemical Manufacturing Industry (area sources): CMAS40 CFR 63 Subpart VVVVVV (6V)
Chemical Preparations Industry (area sources)40 CFR 63 Subpart BBBBBBB (7B)
Chromium Electroplating40 CFR 63 Subpart N
Chromium Compounds (area sources)40 CFR 63 Subpart NNNNNN (6N)
Clay Ceramics Manufacturing (see also Brick and Clay Products)40 CFR 63 Subpart KKKKK
Clay Ceramics Manufacturing (area sources)40 CFR 63 Subpart RRRRRR (6R)
Coke Ovens: Charging, Top Side, and Door Leaks40 CFR 63 Subpart L
Coke Ovens: Pushing, Quenching, and Battery Stacks40 CFR 63 Subpart CCCCC
Coke Oven By-product Recovery Plants40 CFR 61 Subpart L
Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills (Pulp and Paper maximum achievable control technology (MACT) II) (see also Pulp and Paper noncombust MACT)40 CFR 63 Subpart MM
Commercial Sterilizers (see Ethylene Oxide Emission Standards for Sterilization Facilities)
Degreasing Organic Cleaners (see Halogenated Solvent Cleaners)
Dry Cleaning40 CFR 63 Subpart M
Electric Arc Furnace Steelmaking Facilities (area sources)40 CFR 63 Subpart YYYYY
Engine Test Cells/Stands (see also Beryllium Rocket Motor Firing)40 CFR 63 Subpart PPPPP
Ethylene Oxide Emission Standards for Sterilization Facilities (see also Hospital Ethylene Oxide Sterilizers)40 CFR 63 Subpart O
Fabric Printing, Coating and Dyeing40 CFR 63 Subpart OOOO
Ferroalloys Production (major sources)40 CFR 63 Subpart XXX
Ferroalloys Production (area sources)40 CFR 63 Subpart YYYYYY (6Y)
Flexible Polyurethane Foam Fabrication Operation40 CFR 63 Subpart MMMMM
Flexible Polyurethane Foam Production and Fabrication (area sources)40 CFR 63 Subpart OOOOOO (6-O)
Flexible Polyurethane Foam Production40 CFR 63 Subpart III
Friction Products Manufacturing40 CFR 63 Subpart QQQQQ
Gasoline Dispensing Facilities (area sources)40 CFR 63 Subpart CCCCCC (6C)
Gasoline Distribution (Stage 1)40 CFR 63 Subpart R
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (area sources)40 CFR 63 Subpart BBBBBB (6B)
Generic MACT I - Acetal Resins40 CFR 63 Subpart YY
Generic MACT I - Hydrogen Floride40 CFR 63 Subpart YY
Generic MACT I - Polycarbonates Production40 CFR 63 Subpart YY
Generic MACT I - Acrylic/Modacrylic Fibers40 CFR 63 Subpart YY
Generic MACT II - Spandex Production40 CFR 63 Subpart YY
Generic MACT II - Carbon Black Production40 CFR 63 Subpart YY
Generic MACT II - Ethylene Processes40 CFR 63 Subpart YY
Glass Manufacturing (area sources)40 CFR 63 Subpart SSSSSS (6S)
Glass Manufacturing - Inorganic Arsenic40 CFR 61 Subpart N
Gold Mine Ore Processing and Production (area sources)40 CFR 63 Subpart EEEEEEE (7E)
Halogenated Solvent Cleaning40 CFR 63 Subpart T
Hazardous Organic NESHAP (Synthetic Organic Chemical Manufacturing Industry)40 CFR 63 Subpart F, G, H, I
Hazardous Waste Combustors40 CFR 63 Subpart EEE
Hospital Ethylene Oxide Sterilizers (area sources) (see also Ethylene Oxide Sterilizers)40 CFR 63 Subpart WWWWW
Hydrochloric Acid Production40 CFR 63 Subpart NNNNN
Industrial, Commercial and Institutional Boilers and Process Heaters (major sources)40 CFR 63 Subpart DDDDD
Industrial, Commercial and Institutional Boilers (area sources) (see also Boiler Compliance at Area Sources)40 CFR 63 Subpart JJJJJJ (6J)
Industrial Process Cooling Towers40 CFR 63 Subpart Q
Inorganic Arsenic Emissions from Primary Copper Smelters40 CFR 61 Subpart O
Inorganic Arsenic from Arsenic trioxide and Metallic Arsenic Production40 CFR 61 Subpart P
Integrated Iron and Steel40 CFR 63 Subpart FFFFF
Iron and Steel Foundries (major sources)40 CFR 63 Subpart EEEEE
Iron and Steel Foundries (area sources)40 CFR 63 Subpart ZZZZZ
Large Appliances Surface Coating40 CFR 63 Subpart NNNN
Lead Acid Battery Manufacturing (area sources)40 CFR 63 Subpart PPPPPP (6P)
Leather Finishing Operations40 CFR 63 Subpart TTTT
Lime Manufacturing40 CFR 63 Subpart AAAAA
Magnetic Tape Surface Coating40 CFR 63 Subpart EE
Manufacturing Nutritional Yeast (formerly Baker's Yeast)40 CFR 63 Subpart CCCC
Marine Vessel Loading Operations40 CFR 63 Subpart Y
Mercury Cell Chlor-Alkali Plants40 CFR 63 Subpart IIIII
Mercury Production40 CFR 61 Subpart E
Metal Can Surface Coating40 CFR 63 Subpart KKKK
Metal Coil Surface Coating40 CFR 63 Subpart SSSS
Metal Fabrication and Finishing Source Nine Categories (area sources)40 CFR 63 Subpart XXXXXX (6X)
Metal Furniture Surface Coating40 CFR 63 Subpart RRRR
Mineral Wool Production40 CFR 63 Subpart DDD
Miscellaneous Coating Manufacturing40 CFR 63 Subpart HHHHH
Miscellaneous Metal Parts and Products Surface Coating40 CFR 63 Subpart MMMM
Misc. Organic Chemical Production and Processes (MON)40 CFR 63 Subpart FFFF
Municipal Solid Waste Landfills40 CFR 63 Subpart AAAA
Natural Gas Transmission and Storage40 CFR 63 Subpart HHH
Nonferrous Foundries: Aluminum, Copper, and Other (area sources)40 CFR 63 Subpart ZZZZZZ (6Z)
Off-Site Waste Recovery Operations40 CFR 63 Subpart DD
Oil and Natural Gas Production includes Area Sources40 CFR 63 Subpart HH
Oil-Water Separators and Organic-Water Separators40 CFR 63 Subpart VV
Organic Liquids Distribution (non-gasoline)40 CFR 63 Subpart EEEE
Paints and Allied Products Manufacturing (area sources)40 CFR 63 Subpart CCCCCCC (7C)
Paint Stripping and Miscellaneous Surface Coating Operations (area sources) (see also Collision Repair Campaign)40 CFR 63 Subpart HHHHHH (6H)
Paper and Other Web Surface Coating40 CFR 63 Subpart JJJJ
Pesticide Active Ingredient Production40 CFR 63 Subpart MMM
Petroleum Refineries40 CFR 63 Subpart CC
Petroleum Refineries40 CFR 63 Subpart UUU
Pharmaceuticals Production40 CFR 63 Subpart GGG
Phosphoric Acid40 CFR 63 Subpart AA
Phosphate Fertilizers40 CFR 63 Subpart BB
Plastic Parts Surface Coating40 CFR 63 Subpart PPPP
Plating and Polishing Operations (area sources)40 CFR 63 Subpart WWWWWW (6W)
Plywood and Composite Wood Products (formerly Plywood and Particle Board Manufacturing)40 CFR 63 Subpart DDDD
Polyether Polyols Production40 CFR 63 Subpart PPP
Polymers & Resins I40 CFR 63 Subpart U
Polymers & Resins II40 CFR 63 Subpart W
Polymers & Resins III40 CFR 63 Subpart OOO
Polymers & Resins IV40 CFR 63 Subpart JJJ
Polyvinyl Chloride and Copolymers Production40 CFR 63 Subpart HHHHHHH (7H)
Polyvinyl Chloride and Copolymers Production (area sources)40 CFR 63 Subpart DDDDDD (6D)
Portland Cement Manufacturing40 CFR 63 Subpart LLL
Prepared Feeds Manufacturing (area sources)40 CFR 63 Subpart DDDDDDD (7D)
Primary Aluminum40 CFR 63 Subpart LL
Primary Copper Smelting40 CFR 63 Subpart QQQ
Primary Copper Smelting (area sources)40 CFR 63 Subpart EEEEEE (6E)
Primary Lead Processing40 CFR 63 Subpart TTT
Primary Magnesium Refining40 CFR 63 Subpart TTTTT
Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium (area sources)40 CFR 63 Subpart GGGGGG (6G)
Printing and Publishing Surface Coating40 CFR 63 Subpart KK
Publicly Owned Treatment Works (POTW)40 CFR 63 Subpart VVV
Pulp and Paper (non-combust) MACT (see also Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills -Pulp and Paper MACT II)40 CFR 63 Subpart S
Reciprocating Internal Combustion Engines (RICE) includes area sources40 CFR 63 Subpart ZZZZ
Refractory Products Manufacturing40 CFR 63 Subpart SSSSS
Reinforced Plastic Composites Production40 CFR 63 Subpart WWWW
Rubber Tire Manufacturing40 CFR 63 Subpart XXXX
Secondary Aluminum40 CFR 63 Subpart RRR
Secondary Copper Smelting (area sources)40 CFR 63 Subpart FFFFFF (6F)
Secondary Lead Smelters40 CFR 63 Subpart X
Secondary Nonferrous Metals Processing (Brass, Bronze, Magnesium and Zinc) (area sources)40 CFR 63 Subpart TTTTTT (6T)
Semiconductor Manufacturing40 CFR 63 Subpart BBBBB
Shipbuilding and Ship Repair Surface Coating40 CFR 63 Subpart II
Site Remediation40 CFR 63 Subpart GGGGG
Solvent Extraction for Vegetable Oil Production40 CFR 63 Subpart GGGG
Stationary Combustion Turbines40 CFR 63 Subpart YYYY
Steel Pickling – Hydrochloric Acid (HCl Process40 CFR 63 Subpart CCC
Taconite Iron Ore Processing40 CFR 63 Subpart RRRRR
Utility NESHAP40 CFR 63 Subpart UUUUU
Vinyl Chloride40 CFR 61 Subpart F
Wet Formed Fiberglass Mat Production40 CFR 63 Subpart HHHH
Wood Building Products Surface Coating (formerly Flat Wood Paneling Products)40 CFR 63 Subpart QQQQ
Wood Furniture Surface Coating40 CFR 63 Subpart JJ
Wood Preserving (area sources)40 CFR 63 Subpart QQQQQQ (6Q)
Wool Fiberglass Manufacturing40 CFR 63 Subpart NNN
Wool Fiberglass Manufacturing (area sources)40 CFR 63 Subpart NN

HAP list

  • There are 187 HAPs that the EPA is required to regulate under the CAA.

The current list of hazardous air pollutants (HAPs) that the Environmental Protection Agency (EPA) is required to regulate under the Clean Air Act (CAA) includes 187 chemicals, enumerated in the table below by their Chemical Abstracts Service (CAS) numbers and chemical names.

NOTE: For all listings below which contain the word “compounds” and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.

CAS NumberChemical Name
75070 Acetaldehyde
60355Acetamide
75058Acetonitrile
98862Acetophenone
539632-Acetylaminofluorene
107028Acrolein
79061Acrylamide
79107Acrylic acid
107131Acrylonitrile
107051Allyl chloride
926714-Aminobiphenyl
62533Aniline
90040o-Anisidine
1332214Asbestos
71432Benzene (including benzene from gasoline)
92875Benzidine
98077Benzotrichloride
100447Benzyl chloride
92524Biphenyl
117817Bis(2-ethylhexyl)phthalate (DEHP)
542881Bis(chloromethyl)ether
75252Bromoform
1069901,3-Butadiene
156627Calcium cyanamide
105602Caprolactam
133062Captan
63252Carbaryl
75150Carbon disulfide
56235Carbon tetrachloride
463581Carbonyl sulfide
120809Catechol
133904Chloramben
57749Chlordane
7782505Chlorine
79118Chloroacetic acid
5322742-Chloroacetophenone
108907Chlorobenzene
510156Chlorobenzilate
67663Chloroform
107302Chloromethyl methyl ether
126998Chloroprene
1319773Cresols/Cresylic acid (isomers and mixture)
95487o-Cresol
108394m-Cresol
106445p-Cresol
98828Cumene
947572,4-D, salts and esters
3547044DDE
334883Diazomethane
132649Dibenzofurans
961281,2-Dibromo-3-chloropropane
84742Dibutylphthalate
1064671,4-Dichlorobenzene(p)
919413,3-Dichlorobenzidene
111444Dichloroethyl ether (Bis(2-chloroethyl)ether)
5427561,3-Dichloropropene
62737Dichlorvos
111422Diethanolamine
121697N,N-Dimethylaniline
64675Diethyl sulfate
1199043,3-Dimethoxybenzidine
60117Dimethyl aminoazobenzene
1199373,3'-Dimethyl benzidine
79447Dimethyl carbamoyl chloride
68122Dimethyl formamide
571471,1-Dimethyl hydrazine
131113Dimethyl phthalate
77781Dimethyl sulfate
5345214,6-Dinitro-o-cresol, and salts
512852,4-Dinitrophenol
1211422,4-Dinitrotoluene
1239111,4-Dioxane (1,4-Diethyleneoxide)
1226671,2-Diphenylhydrazine
106898Epichlorohydrin (l-Chloro-2,3-epoxypropane)
1068871,2-Epoxybutane
140885Ethyl acrylate
100414Ethyl benzene
51796Ethyl carbamate (Urethane)
75003Ethyl chloride (Chloroethane)
106934Ethylene dibromide (Dibromoethane)
107062Ethylene dichloride (1,2-Dichloroethane)
107211Ethylene glycol
151564Ethylene imine (Aziridine)
75218Ethylene oxide
96457Ethylene thiourea
75343Ethylidene dichloride (1,1-Dichloroethane)
50000Formaldehyde
76448Heptachlor
118741Hexachlorobenzene
87683Hexachlorobutadiene
77474Hexachlorocyclopentadiene
67721Hexachloroethane
822060Hexamethylene-1,6-diisocyanate
680319 Hexamethylphosphoramide
110543Hexane
302012Hydrazine
7647010Hydrochloric acid
7664393Hydrogen fluoride (Hydrofluoric acid)
7783064Hydrogen sulfide
123319Hydroquinone
78591Isophorone
58899Lindane (all isomers)
108316Maleic anhydride
67561Methanol
72435Methoxychlor
74839Methyl bromide (Bromomethane)
74873Methyl chloride (Chloromethane)
71556Methyl chloroform (1,1,1-Trichloroethane)
78933Methyl ethyl ketone (2-Butanone)
60344Methyl hydrazine
74884Methyl iodide (Iodomethane)
108101Methyl isobutyl ketone (Hexone)
624839Methyl isocyanate
80626Methyl methacrylate
1634044Methyl tert butyl ether
1011444,4-Methylene bis(2-chloroaniline)
75092Methylene chloride (Dichloromethane)
101688Methylene diphenyl diisocyanate (MDI)
1017794,4'-Methylenedianiline
91203Naphthalene
98953Nitrobenzene
929334-Nitrobiphenyl
1000274-Nitrophenol
794692-Nitropropane
684935N-Nitroso-N-methylurea
62759N-Nitrosodimethylamine
59892N-Nitrosomorpholine
56382Parathion
82688Pentachloronitrobenzene (Quintobenzene)
87865Pentachlorophenol
108952Phenol
106503p-Phenylenediamine
75445Phosgene
7803512Phosphine
7723140Phosphorus
85449Phthalic anhydride
1336363Polychlorinated biphenyls (Aroclors)
11207141,3-Propane sultone
57578beta-Propiolactone
123386Propionaldehyde
114261Propoxur (Baygon)
78875Propylene dichloride (1,2-Dichloropropane)
75569Propylene oxide
755581,2-Propylenimine (2-Methyl aziridine)
91225Quinoline
106514Quinone
100425Styrene
96093Styrene oxide
17460162,3,7,8-Tetrachlorodibenzo-p-dioxin
793451,1,2,2-Tetrachloroethane
127184Tetrachloroethylene (Perchloroethylene)
7550450Titanium tetrachloride
108883Toluene
958072,4-Toluene diamine
5848492,4-Toluene diisocyanate
95534o-Toluidine
8001352Toxaphene (chlorinated camphene)
1208211,2,4-Trichlorobenzene
790051,1,2-Trichloroethane
79016Trichloroethylene
959542,4,5-Trichlorophenol
880622,4,6-Trichlorophenol
121448Triethylamine
1582098Trifluralin
5408412,2,4-Trimethylpentane
108054Vinyl acetate
593602Vinyl bromide
75014Vinyl chloride
75354Vinylidene chloride (1,1-Dichloroethylene)
1330207Xylenes (isomers and mixture)
95476o-Xylenes
108383m-Xylenes
106423p-Xylenes
0Antimony compounds
Arsenic compounds (inorganic including arsine)
Beryllium compounds
Cadmium compounds
Chromium compounds
Cobalt compounds
Coke oven emissions
Cyanide compounds
Glycol ethers
Lead compounds
Manganese compounds
Mercury compounds
Fine mineral fibers
Nickel compounds
Polycyclic organic matter
Radionuclides (including radon)
Selenium compounds

Major and minor sources

  • The EPA regulates major and minor stationary sources of HAPs.
  • Major sources that take steps to upgrade their facilities or install pollution-reduction equipment can potentially be reclassified as area sources.
  • While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread.

The Environmental Protection Agency (EPA) regulates two types of stationary sources of hazardous air pollutants (HAPs):

  • Major sources are those that emit 10 tons per year (tpy) of any of the 187 listed toxic air pollutants, or 25 tpy of a mixture of air toxics. These sources may release air toxics from equipment leaks, during the transfer of materials, or during discharge through emissions stacks or vents.
  • Area sources (or minor sources) are smaller-sized facilities that release lesser amounts of toxic pollutants into the air. Area sources emit less than 10 tpy of a single air toxic or less than 25 tpy of a combination of air toxics.

The 1990 Clean Air Act (CAA) amendments directed the EPA to set standards for all major sources of air toxics and some area sources that are of particular concern.

Major sources

For major sources, the EPA establishes maximum achievable control technology (MACT) standards. The EPA applies MACT standards for most source categories based on the emission controls that are being achieved by the best-controlled sources in that category. While MACT standards for existing major sources may be less stringent than for new sources, existing sources must meet one of the following:

  1. For sources in categories or subcategories containing 30 or more sources, at least as stringent as the average emission limitation met by the best performing 12 percent of existing sources.
  2. For source in categories containing less than 30 sources, at least as stringent as the average emission limitation met by the best performing five sources.

MACT can be limits on emissions of HAPs, or it can involve technology requirements for controlling emissions. When setting MACTs, the EPA must consider the cost, energy consumption, and other environmental consequences such as waste disposal and water quality.

If the company is a major source of HAPs, they must meet certain emission performance standards, which involves:

  1. Meeting air pollution control limits set by the federal government based on performance standards that have been achieved in practice by a similar industry, process, or equipment.
  2. Obtaining a Title V operating permit.

In the past, once a business qualified as a major source, the business had to continue as a major source, even if it reduced its emissions to below major source levels. However, a January 2018 memo from the EPA reversed this long-standing policy known as “once in, always in.” This means that major sources can take steps to upgrade their facilities or install pollution-reduction equipment and potentially be reclassified as area sources.

Area (or minor) sources

A facility that cannot emit a level of criteria pollutants or HAPs equal to a major source is called an area source (or minor source). To be an area source, the business must:

  • Have a potential to emit (PTE) below major source levels, or
  • Have a PTE at or above major source levels, but limit its operations or emissions. These businesses must obtain an operating permit from the state air pollution control agency which places limits on the facility’s operations or emissions. This could include specific restrictions or requirements on:
    • The use, operation, and maintenance of air pollution control equipment;
    • Operating time;
    • The types and amounts of input materials used (e.g., fuel or solvents); and
    • Recordkeeping and reporting.

While individual area sources have much lower emissions than individual major sources, these sources can be numerous and widespread. The collective emissions from area sources can add up to more than the emissions from major sources. Examples of area sources are gas stations and dry cleaners, and these area sources may also be subject to regulation.

The EPA says that to use a limitation to reduce the maximum capacity and be considered an area source, the limitation must be an unchanging and unavoidable physical constraint. The constraint(s) must result in predictable upper limits on the facility operations and capacity.

Area sources must meet generally available control technology (GACT). These are less stringent standards than those required by major sources and are usually easier to meet.

NESHAP source category list

  • There are numerous NESHAP source categories each with unique subparts under which they are regulated.

The following table lists source categories under the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and the subpart under which they are regulated.

Acrylic/Modacrylic Fiber (area sources) 40 CFR 63 Subpart LLLLLL (6L)
Aerospace40 CFR 63 Subpart GG
Asbestos40 CFR 61 Subpart M
Asphalt Processing and Asphalt Roofing Manufacturing40 CFR 63 Subpart LLLLL
Asphalt Processing and Asphalt Roofing Manufacturing (area sources)40 CFR 63 Subpart AAAAAAA (7A)
Auto and Light Duty Truck Surface Coating40 CFR 63 Subpart IIII
Auto Body Refinishing (area sources) - see Paint Stripping and Miscellaneous Surface Coating Operations
Benzene Transfer Operations40 CFR 61 Subpart BB
Benzene Waste Operations40 CFR 61 Subpart FF
Beryllium40 CFR 61 Subpart C
Beryllium Rocket Motor Firing40 CFR 61 Subpart D
Boat Manufacturing40 CFR 63 Subpart VVVV
Boilers (see Industrial-Commercial-Institutional Boilers)
Brick and Structural Clay Products Manufacturing (see also Clay Ceramics)40 CFR 63 Subpart JJJJJ
Carbon Black Production (area sources)40 CFR 63 Subpart MMMMMM (6M)
Cellulose Products Manufacturing40 CFR 63 Subpart UUUU
Chemical Manufacturing Industry (area sources): CMAS40 CFR 63 Subpart VVVVVV (6V)
Chemical Preparations Industry (area sources)40 CFR 63 Subpart BBBBBBB (7B)
Chromium Electroplating40 CFR 63 Subpart N
Chromium Compounds (area sources)40 CFR 63 Subpart NNNNNN (6N)
Clay Ceramics Manufacturing (see also Brick and Clay Products)40 CFR 63 Subpart KKKKK
Clay Ceramics Manufacturing (area sources)40 CFR 63 Subpart RRRRRR (6R)
Coke Ovens: Charging, Top Side, and Door Leaks40 CFR 63 Subpart L
Coke Ovens: Pushing, Quenching, and Battery Stacks40 CFR 63 Subpart CCCCC
Coke Oven By-product Recovery Plants40 CFR 61 Subpart L
Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills (Pulp and Paper maximum achievable control technology (MACT) II) (see also Pulp and Paper noncombust MACT)40 CFR 63 Subpart MM
Commercial Sterilizers (see Ethylene Oxide Emission Standards for Sterilization Facilities)
Degreasing Organic Cleaners (see Halogenated Solvent Cleaners)
Dry Cleaning40 CFR 63 Subpart M
Electric Arc Furnace Steelmaking Facilities (area sources)40 CFR 63 Subpart YYYYY
Engine Test Cells/Stands (see also Beryllium Rocket Motor Firing)40 CFR 63 Subpart PPPPP
Ethylene Oxide Emission Standards for Sterilization Facilities (see also Hospital Ethylene Oxide Sterilizers)40 CFR 63 Subpart O
Fabric Printing, Coating and Dyeing40 CFR 63 Subpart OOOO
Ferroalloys Production (major sources)40 CFR 63 Subpart XXX
Ferroalloys Production (area sources)40 CFR 63 Subpart YYYYYY (6Y)
Flexible Polyurethane Foam Fabrication Operation40 CFR 63 Subpart MMMMM
Flexible Polyurethane Foam Production and Fabrication (area sources)40 CFR 63 Subpart OOOOOO (6-O)
Flexible Polyurethane Foam Production40 CFR 63 Subpart III
Friction Products Manufacturing40 CFR 63 Subpart QQQQQ
Gasoline Dispensing Facilities (area sources)40 CFR 63 Subpart CCCCCC (6C)
Gasoline Distribution (Stage 1)40 CFR 63 Subpart R
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (area sources)40 CFR 63 Subpart BBBBBB (6B)
Generic MACT I - Acetal Resins40 CFR 63 Subpart YY
Generic MACT I - Hydrogen Floride40 CFR 63 Subpart YY
Generic MACT I - Polycarbonates Production40 CFR 63 Subpart YY
Generic MACT I - Acrylic/Modacrylic Fibers40 CFR 63 Subpart YY
Generic MACT II - Spandex Production40 CFR 63 Subpart YY
Generic MACT II - Carbon Black Production40 CFR 63 Subpart YY
Generic MACT II - Ethylene Processes40 CFR 63 Subpart YY
Glass Manufacturing (area sources)40 CFR 63 Subpart SSSSSS (6S)
Glass Manufacturing - Inorganic Arsenic40 CFR 61 Subpart N
Gold Mine Ore Processing and Production (area sources)40 CFR 63 Subpart EEEEEEE (7E)
Halogenated Solvent Cleaning40 CFR 63 Subpart T
Hazardous Organic NESHAP (Synthetic Organic Chemical Manufacturing Industry)40 CFR 63 Subpart F, G, H, I
Hazardous Waste Combustors40 CFR 63 Subpart EEE
Hospital Ethylene Oxide Sterilizers (area sources) (see also Ethylene Oxide Sterilizers)40 CFR 63 Subpart WWWWW
Hydrochloric Acid Production40 CFR 63 Subpart NNNNN
Industrial, Commercial and Institutional Boilers and Process Heaters (major sources)40 CFR 63 Subpart DDDDD
Industrial, Commercial and Institutional Boilers (area sources) (see also Boiler Compliance at Area Sources)40 CFR 63 Subpart JJJJJJ (6J)
Industrial Process Cooling Towers40 CFR 63 Subpart Q
Inorganic Arsenic Emissions from Primary Copper Smelters40 CFR 61 Subpart O
Inorganic Arsenic from Arsenic trioxide and Metallic Arsenic Production40 CFR 61 Subpart P
Integrated Iron and Steel40 CFR 63 Subpart FFFFF
Iron and Steel Foundries (major sources)40 CFR 63 Subpart EEEEE
Iron and Steel Foundries (area sources)40 CFR 63 Subpart ZZZZZ
Large Appliances Surface Coating40 CFR 63 Subpart NNNN
Lead Acid Battery Manufacturing (area sources)40 CFR 63 Subpart PPPPPP (6P)
Leather Finishing Operations40 CFR 63 Subpart TTTT
Lime Manufacturing40 CFR 63 Subpart AAAAA
Magnetic Tape Surface Coating40 CFR 63 Subpart EE
Manufacturing Nutritional Yeast (formerly Baker's Yeast)40 CFR 63 Subpart CCCC
Marine Vessel Loading Operations40 CFR 63 Subpart Y
Mercury Cell Chlor-Alkali Plants40 CFR 63 Subpart IIIII
Mercury Production40 CFR 61 Subpart E
Metal Can Surface Coating40 CFR 63 Subpart KKKK
Metal Coil Surface Coating40 CFR 63 Subpart SSSS
Metal Fabrication and Finishing Source Nine Categories (area sources)40 CFR 63 Subpart XXXXXX (6X)
Metal Furniture Surface Coating40 CFR 63 Subpart RRRR
Mineral Wool Production40 CFR 63 Subpart DDD
Miscellaneous Coating Manufacturing40 CFR 63 Subpart HHHHH
Miscellaneous Metal Parts and Products Surface Coating40 CFR 63 Subpart MMMM
Misc. Organic Chemical Production and Processes (MON)40 CFR 63 Subpart FFFF
Municipal Solid Waste Landfills40 CFR 63 Subpart AAAA
Natural Gas Transmission and Storage40 CFR 63 Subpart HHH
Nonferrous Foundries: Aluminum, Copper, and Other (area sources)40 CFR 63 Subpart ZZZZZZ (6Z)
Off-Site Waste Recovery Operations40 CFR 63 Subpart DD
Oil and Natural Gas Production includes Area Sources40 CFR 63 Subpart HH
Oil-Water Separators and Organic-Water Separators40 CFR 63 Subpart VV
Organic Liquids Distribution (non-gasoline)40 CFR 63 Subpart EEEE
Paints and Allied Products Manufacturing (area sources)40 CFR 63 Subpart CCCCCCC (7C)
Paint Stripping and Miscellaneous Surface Coating Operations (area sources) (see also Collision Repair Campaign)40 CFR 63 Subpart HHHHHH (6H)
Paper and Other Web Surface Coating40 CFR 63 Subpart JJJJ
Pesticide Active Ingredient Production40 CFR 63 Subpart MMM
Petroleum Refineries40 CFR 63 Subpart CC
Petroleum Refineries40 CFR 63 Subpart UUU
Pharmaceuticals Production40 CFR 63 Subpart GGG
Phosphoric Acid40 CFR 63 Subpart AA
Phosphate Fertilizers40 CFR 63 Subpart BB
Plastic Parts Surface Coating40 CFR 63 Subpart PPPP
Plating and Polishing Operations (area sources)40 CFR 63 Subpart WWWWWW (6W)
Plywood and Composite Wood Products (formerly Plywood and Particle Board Manufacturing)40 CFR 63 Subpart DDDD
Polyether Polyols Production40 CFR 63 Subpart PPP
Polymers & Resins I40 CFR 63 Subpart U
Polymers & Resins II40 CFR 63 Subpart W
Polymers & Resins III40 CFR 63 Subpart OOO
Polymers & Resins IV40 CFR 63 Subpart JJJ
Polyvinyl Chloride and Copolymers Production40 CFR 63 Subpart HHHHHHH (7H)
Polyvinyl Chloride and Copolymers Production (area sources)40 CFR 63 Subpart DDDDDD (6D)
Portland Cement Manufacturing40 CFR 63 Subpart LLL
Prepared Feeds Manufacturing (area sources)40 CFR 63 Subpart DDDDDDD (7D)
Primary Aluminum40 CFR 63 Subpart LL
Primary Copper Smelting40 CFR 63 Subpart QQQ
Primary Copper Smelting (area sources)40 CFR 63 Subpart EEEEEE (6E)
Primary Lead Processing40 CFR 63 Subpart TTT
Primary Magnesium Refining40 CFR 63 Subpart TTTTT
Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium (area sources)40 CFR 63 Subpart GGGGGG (6G)
Printing and Publishing Surface Coating40 CFR 63 Subpart KK
Publicly Owned Treatment Works (POTW)40 CFR 63 Subpart VVV
Pulp and Paper (non-combust) MACT (see also Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills -Pulp and Paper MACT II)40 CFR 63 Subpart S
Reciprocating Internal Combustion Engines (RICE) includes area sources40 CFR 63 Subpart ZZZZ
Refractory Products Manufacturing40 CFR 63 Subpart SSSSS
Reinforced Plastic Composites Production40 CFR 63 Subpart WWWW
Rubber Tire Manufacturing40 CFR 63 Subpart XXXX
Secondary Aluminum40 CFR 63 Subpart RRR
Secondary Copper Smelting (area sources)40 CFR 63 Subpart FFFFFF (6F)
Secondary Lead Smelters40 CFR 63 Subpart X
Secondary Nonferrous Metals Processing (Brass, Bronze, Magnesium and Zinc) (area sources)40 CFR 63 Subpart TTTTTT (6T)
Semiconductor Manufacturing40 CFR 63 Subpart BBBBB
Shipbuilding and Ship Repair Surface Coating40 CFR 63 Subpart II
Site Remediation40 CFR 63 Subpart GGGGG
Solvent Extraction for Vegetable Oil Production40 CFR 63 Subpart GGGG
Stationary Combustion Turbines40 CFR 63 Subpart YYYY
Steel Pickling – Hydrochloric Acid (HCl Process40 CFR 63 Subpart CCC
Taconite Iron Ore Processing40 CFR 63 Subpart RRRRR
Utility NESHAP40 CFR 63 Subpart UUUUU
Vinyl Chloride40 CFR 61 Subpart F
Wet Formed Fiberglass Mat Production40 CFR 63 Subpart HHHH
Wood Building Products Surface Coating (formerly Flat Wood Paneling Products)40 CFR 63 Subpart QQQQ
Wood Furniture Surface Coating40 CFR 63 Subpart JJ
Wood Preserving (area sources)40 CFR 63 Subpart QQQQQQ (6Q)
Wool Fiberglass Manufacturing40 CFR 63 Subpart NNN
Wool Fiberglass Manufacturing (area sources)40 CFR 63 Subpart NN

Refrigerant stationary source recordkeeping and technician certification

  • Technicians must keep a copy of their proof of certification at their place of business.
  • Technicians are required to pass an EPA-approved test to earn Section 608 Technician Certification.
  • The EPA has developed four types of technician certifications.

Recordkeeping

EPA regulations under section 608 include recordkeeping requirements that are specific to different persons or companies involved with stationary refrigeration and air-conditioning equipment.

  • Technicians must keep a copy of their proof of certification at their place of business. Technicians servicing appliances that contain 50 or more pounds of ozone-depleting refrigerant must provide the owner with an invoice that indicates the amount of refrigerant added to the appliance. This requirement also applies to HFC and other non-exempt substitute refrigerants. Technicians must provide records of leak inspections and tests performed to verify repairs of leaking appliances. Technicians disposing of appliances containing between five and 50 pounds of refrigerant must keep records of the disposal.
  • Owners or operators of appliances that contain 50 or more pounds of ozone-depleting refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added. This requirement also applies to HFC and other non-exempt substitute refrigerants. Owners or operators will also be required to maintain records of leak inspections and tests performed to verify repairs of leaking appliances and must submit a report to the EPA for any appliance containing 50 or more pounds of refrigerant that leaks 125 percent or more of the full charge in a calendar year. This report must describe efforts to identify leaks and repair the appliance.
  • Reclaimers must maintain records of the names and addresses of persons sending them material for reclamation and the quantity of material sent to them for reclamation. This must be maintained on a transactional basis. Reclaimers must report to the EPA by the first of February annually the total quantity of refrigerant sent to them the previous year for reclamation, the mass of refrigerant reclaimed that year, and the mass of waste products generated that year.

Technician certification

Technicians are required to pass an EPA-approved test to earn Section 608 Technician Certification. The tests are specific to the type of equipment the technician seeks to work on. Tests must be administered by an EPA-approved certifying organization. Section 608 Technician Certification credentials do not expire.

A technician is an individual who performs any of the following activities:

  • Attaching and detaching hoses and gauges to and from an appliance to measure pressure within the appliance.
  • Adding refrigerant to or removing refrigerant from an appliance.
  • Any other activity that violates the integrity of a motor vehicle air conditioner (MVAC)-like appliance or small appliance (other than disposal).

Apprentices are exempt from certification requirements provided they are closely and continually supervised by a certified technician.

The EPA has developed four types of certifications:

  1. For servicing small appliances (Type I).
  2. For servicing or disposing of high- or very high-pressure appliances, except small appliances and MVACs (Type II).
  3. For servicing or disposing of low-pressure appliances (Type III).
  4. For servicing all types of equipment (Universal).

What types of air emission sources are regulated?

  • The CAA regulates air emissions of pollutants for stationary and mobile sources.

The Clean Air Act (CAA) regulates air emissions of pollutants for two types of industry sources:

  • Stationary sources that are any building, structure, facility, or installation which emits or may emit any air pollutant.
  • Mobile sources that include motor vehicles, aircraft, ships, nonroad vehicles, nonroad engines, and the fuels associated with these sources.

Depending on the type of source and pollutants involved, various fuel standards and/or environmental permitting processes are necessary under Environmental Protection Agency (EPA) rules.

Stationary emission sources

  • Air permits are legally enforceable documents describing how a source will control or prevent toxic emissions, most of which are issued and enforced by the federal, state, or local agency.
  • The air permitting process can take several months for an issuing agency to finish its review and approval.

Stationary sources of air emissions are subject to the applicable State Implementation Plans (SIPs) as well as Environmental Protection Agency (EPA) regulations regarding the monitoring of emissions as well as obtaining the permits required for their specific industry, potential pollutants, and attainment (or nonattainment) area status.

Air permits

Air permits are legally enforceable documents describing how a source will control or prevent air emissions, most of which are issued and enforced by the states. The type of air permit needed will depend on where the operation is located and if the area is meeting national air standards; the industry; facility size; the types and amounts of contaminants the operation emits.

If the business is considering installing new equipment or constructing, reconstructing, relocating, or modifying equipment that emits air contaminants, check with the state to see if the proposed action will require air permitting. Note that every process that emits an air contaminant needs a permit unless that process is specifically exempted.

The permitting process can take many hours to complete. In contrast, it can take several months for a state to finish its review and approval process. So, start the application process as soon as possible.

New Source Review (NSR) Permits

  • There are three types of NSR permits that may apply to new emission sources or major modifications to existing.

The New Source Review (NSR) program makes sure that construction projects, whether new building or major modifications to existing facilities, do not worsen the air quality in a particular area. NSR permits describe what construction is allowed, emission limits, and even contains some operating requirements.

There are three types of NSR permits. A facility (i.e., source) may have to meet one or more of these permitting requirements.

  • Prevention of Significant Deterioration (PSD). PSD permits are required for new major sources or major sources making a major modification in areas that meet National Ambient Air Quality Standards (NAAQS) attainment. No source or modification subject to PSD review may be constructed without a permit. PSD permits require installing pollution controls using the best available control technology (BACT). BACT is defined as an emission limit based on the maximum degree of reduction of each pollutant subjected to regulation under the Clean Air Act (CAA). BACT is done on a case-by-case basis, and considers energy, environmental, and economic impacts.
  • Nonattainment NSR. These permits are required for new major sources or major sources making a major modification in areas that do not meet one or more of the NAAQS. Permits in nonattainment areas must meet the lowest achievable emission rate (LAER). In all cases, the BACT and LAER must be at least as strict as any existing New Source Performance Standards (NSPS) for the source.
  • Minor source permits.

NSR permits are usually issued by states or local air pollution control agencies. The Environmental Protection Agency (EPA) issues NSR permits in some cases. State permitting requirements must be at least as stringent as those set by the federal government.

The EPA must approve a state’s NSR program in its State Implementation Plan (SIP).

Is a Title V permit needed?

  • There are seven different reasons why a source may need to obtain a Title V permit.

Title V permits under the Clean Air Act (CAA) are also called operating permits, and they include pollution control requirements from federal or state regulations that apply to a particular source.

A stationary source needs to obtain a Title V permit if:

  1. It is a major source. Under Title V, this means:
    • The source has actual or potential emissions at or above the major source threshold for any air pollutant.
    • The major source threshold for any air pollutant is 100 tons/year (known as the “default value”).
    • In non-attainment areas, lower thresholds will apply to the pollutants that are in non-attainment.
    • Major source threshold for hazardous air pollutants (HAPs) are 10 tons/year for a single HAP or 25 tons/year for any combination of HAPs.
  2. It has a major source permit under the New Source Review (NSR) Permitting Program.
  3. It is an “affected source” under the Acid Rain Rules (regardless of size).
  4. It has Solid Waste Incineration Units under CAA 129 (regardless of size). This includes:
    • Municipal waste combustors (large and small)
    • Hospital/medical/infectious waste incinerators
    • Commercial and industrial solid waste incinerators
    • Other solid waste incinerators
    • Sewage sludge incinerators
  5. It is a non-major source subject to National Emissions Standards for Hazardous Air Pollutants (NESHAPs). This is to say, the source is also subject to maximum achievable control technology (MACT) standards. Note that if any newly promulgated new source permit or MACT standard regulates area sources, it must clarify whether the area sources must obtain Title V permits. These sources include:
    • Hazardous waste combustors
    • Portland cement manufacturers
    • Mercury cell chlor-alkali plants
    • Secondary lead smelters
    • Carbon black production
    • Chemical manufacturing: chromium compounds
    • Primary copper smelting
    • Secondary copper smelting
    • Nonferrous metals area sources: zinc, cadmium, and beryllium
    • Glass manufacturing
    • Electric arc furnace steelmaking facilities
    • Gold mine ore processing and production
  6. The source is a chemical manufacturer subject to NESHAP requirements.
  7. It is a municipal solid waste landfill subject to NESHAP and New Source Performance Standards (NSPS) requirements.

New Source Performance Standards

  • NSR is source-specific, whereas the NSPS program applies to all sources nationwide.

The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to create a list of the important categories of stationary sources of air pollution, and to establish federal standards of performance for new sources within these categories. These New Source Performance Standards (NSPS) apply to newly constructed sources or those that undergo major upgrades or modifications. The NSPS include both equipment specifications and operation and measurement requirements.

The NSPS are codified in 40 CFR Part 60.

NSPS vs. NSR

The important difference between the New Source Review (NSR) permits and the NSPS program is that NSR is source-specific, whereas the NSPS program applies to all sources nationwide. This gives states the authority to require more stringent controls to meet the ambient air quality standards in specific geographic areas.

Mobile emission sources

  • Mobile emission reduction standards reduce tailpipe emissions and those produced gasoline during refueling.

Title II of the Clean Air Act (CAA) addresses air pollutants from mobile sources including aircraft, ships, nonroad vehicles, nonroad engines, and fuels. While motor vehicles built today emit fewer pollutants (60 to 80 percent less, depending on the pollutant) than those built in the 1960s, cars and trucks still make up almost half the emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOx), and up to 90 percent of the carbon monoxide emissions in urban areas.

The Clean Air Act amendments of 1990 established tighter pollution standards for emissions from mobile sources. These standards reduce tailpipe emissions of hydrocarbons, carbon monoxide, and nitrogen oxides. Automobile manufacturers are also required to reduce vehicle emissions resulting from the evaporation of gasoline during refueling.

Compliance points to remember are:

  • Motor vehicle engines and nonroad vehicles and engines must meet CAA emissions standards.
  • New vehicle and engines must have an Environmental Protection Agency (EPA)-issued certification certificate of conformity before import or entry into the United States demonstrating that the engine conforms to all applicable emissions requirements. Certified vehicles and engines must be properly labeled.
  • The CAA prohibits anyone from tampering with emission control devices or selling or installing “defeat devices,” which bypass, defeat, or render inoperative any emission control device.
  • The CAA regulates fuel used in motor vehicles and non-road equipment. All fuel and fuel additives produced, imported, and sold in the U.S. must meet certain standards.
  • Transportation fuel sold in the U.S. must contain a minimum volume of renewable fuel to reduce greenhouse gas emissions and the use of petroleum fuels.
  • Renewable fuel producers and importers generate renewable identification numbers (RINs) for each gallon of renewable fuel.
  • Refiners and importers must acquire RINs to show compliance with the standard.

Regulated mobile sources and fuels

  • There are various mobile source sectors regulated by the EPA under the CAA.

Mobile source sectors regulated by the Environmental Protection Agency (EPA) under the Clean Air Act (CAA)

Aircraft Commercial aircraft engines
Heavy-duty vehiclesHeavy trucks and buses: large pick-ups, delivery trucks, recreational vehicles, and semi-trucks
Light-duty vehiclesPassenger cars and light trucks: minivans, passenger vans, pickup trucks, and sport-utility vehicles
LocomotivesDiesel-powered engines used in freight and passenger rail, ling-haul and switch locomotives
MotorcyclesOn-road 2- and 3-wheeled vehicles, mopeds, and scooters
Marine-compression ignition (CI) enginesAuxiliary and propulsion engines used by all types of recreations and commercial vessels: small fishing boats, tugboats, ocean-going ships. Marine auxiliary engines: small generator sets to larger generator sets on ocean-going vessels
Marine spark-ignition (SI) engines and vesselsGasoline boats and personal watercraft: pleasure boats, jet-skis, outboard engines, and sterndrive/inboard engines
Nonroad CI engines and equipmentConstruction and agricultural equipment: excavators, paving equipment, tractors, combines, bulldozers, and skidders
Nonroad large SI engines and equipmentGasoline and propane industrial equipment: forklifts, generators, airport service equipment, compressors, and ice-grooming machines
Nonroad small SI engines and equipmentSmall gasoline lawn and garden equipment: lawnmowers, leaf blowers, chain saws, and string trimmers
Recreational engines and vehiclesLand-based recreational vehicles: snowmobiles, dirt bikes, and all-terrain vehicles (ATVs)

Fuel types regulated by the EPA under the CAA

Low sulfur gasolineEstablished in conjunction with the Tier 2 light-duty vehicle standards to maintain the performance of catalytic converters.
Ultra-low sulfur diesel (ULSD) fuelCovers highway, nonroad, locomotive, and marine diesel fuel. ULSD is necessary for new advanced emission control technologies, and it contributes to particulate matter reductions in the existing fleet of nonroad engines and equipment.

CAFE standards

  • CAFE standards were established in two phases.
  • SAFE Vehicles Rule are for passenger cars and light trucks for model years 2021–2026.

The national program for greenhouse gas (GHG) emissions and fuel economy standards for light-duty vehicles (passenger cars and trucks) was developed jointly by the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA).

First enacted by Congress in 1975, the purpose of the Corporate Average Fuel Economy (CAFE) standards are to reduce energy consumption by increasing the fuel economy of cars and light trucks. The CAFE standards are fleet-wide averages that must be achieved by each automaker for its car and truck fleet each year. When these standards are raised, automakers respond by creating a more fuel-efficient fleet, which improves the nation’s energy security and saves consumers money at the pump, while also reducing GHG emissions.

The NHTSA sets and enforces the CAFE standards, while the EPA calculates average fuel economy levels for manufacturers and sets related GHG standards. NHTSA establishes CAFE standards under the Energy Policy and Conservation Act (EPCA) of 1975, as amended by the Energy Independence and Security Act (EISA) of 2007, while the EPA establishes GHG emissions standards under the Clean Air Act (CAA). In 2010, the NHTSA and the EPA issued joint Final Rules for CAFE and Greenhouse Gas emissions regulations for passenger cars and light trucks built in model years 2017 and beyond, and developed fuel efficiency and GHG emissions regulations for medium- and heavy-duty vehicles built in model years 2014 through 2018.

The standards were established in two phases:

  • Phase 1: Model years (MYs) 2012–2016.
  • Phase 2: MYs 2017–2025.

Together the final standards are projected to:

  • Result in an average industry fleet-wide level of 163 grams per mile (g/mi) of carbon dioxide (CO2) in model year 2025, which is equivalent to 54.5 miles per gallon (mpg) (if achieved exclusively through fuel economy improvements);
  • Cut six billion metric tons of GHG over the lifetimes of the vehicles sold in MYs 2012–2025;
  • Save households more than $1.7 trillion in fuel costs; and
  • Reduce America’s dependence on oil by more than two million barrels per day in 2025.

Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule

In 2020, the EPA and the NHTSA established new CAFE standards for passenger cars and light trucks for model years 2021–2026. These standards are known as the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule.

The SAFE standards follow federal action taken in 2019 to ensure One National Program for automobile fuel economy and CO2 emissions standards. This rule withdraws a longstanding waiver issued to California under the Clean Air Act.

The action affects companies that manufacture or sell new light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles and passenger cars.

The CAFE and CO2 emissions standards established by these final rules will increase in stringency at 1.5 percent per year from MY 2020 levels over MYs 2021–2026. The EPA’s standards are projected to require, on an average industry fleet-wide basis, 201 g/mi of CO2 in model year 2030, while NHTSA’s standards are projected to require, on an average industry fleetwide basis, 40.5 mpg in model year 2030. The agencies note that real-world CO2 is typically 25 percent higher and real-world fuel economy is typically 20 percent lower than the CO2 and CAFE compliance. Further, the EPA notes that CO2 improvements will most likely be made through improvements in minimizing air conditioning leakage and through use of alternative refrigerants, which will not contribute to fuel economy but will contribute toward reductions of climate-related emissions.

Phase 2

The NHTSA and the EPA issued a Final Rule for “Phase 2” for medium and heavy-duty vehicles to improve fuel efficiency and cut carbon pollution. The agencies estimate that the standards will save up to two billion barrels of oil and reduce CO2 emissions by up to 1.1 billion metric tons over the lifetimes of MYs 2018–2029 vehicles, providing up to $230 billion in net social benefits.

The NHTSA and the EPA also issued a joint final rule establishing new requirements for a fuel economy and environment label that will be posted on the window sticker of all new automobiles sold in the U.S.

The redesigned label provides expanded information to American consumers about new vehicle fuel economy and fuel consumption, greenhouse gas and smog-forming emissions, and projected fuel costs and savings, and includes a smartphone interactive code that permits direct access to additional web resources.

Tier 3 Motor Vehicle Emission and Fuel Standards Program

  • The Tier 3 Motor Vehicle Emission and Fuel Standards program is part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health.
  • The EPA offers many diesel emission reduction programs that apply to diesel vehicles, vessels, locomotives, or other diesel equipment.
  • Each vehicle and engine must have a label stating which emission standard it was built under.

The 2017 Tier 3 Motor Vehicle Emission and Fuel Standards program is part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health. The program considers the vehicle and its fuel as an integrated system, setting vehicle emissions standards and a gasoline sulfur standard. The vehicle emissions standards will reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. The gasoline sulfur standard creates more stringent vehicle emissions standards and helps emissions control systems be more effective.

Emission standards — Diesel fuel

In addition to regulations on newly manufactured engines, the Environmental Protection Agency (EPA) has devised a number of emissions reduction strategies for diesel engines. The National Clean Diesel Campaign (NCDC) partners the EPA with manufacturers, fleet operators, air quality professionals, environmental and community groups, and state and local governments to reduce diesel emissions. The EPA also offers many diesel emission reduction programs that apply to diesel vehicles, vessels, locomotives, or other diesel equipment. Strategies to help older diesel engines operate more cleanly include:

  • Install diesel retrofit devices with verified technologies;
  • Maintain, repair, rebuild, repower engines;
  • Replace older vehicles and equipment;
  • Improve operational strategies; and
  • Use cleaner fuels including natural gas and propane.

Funding may be available through the EPA to develop diesel emission reduction programs. National programs that may help with funding and technical expertise include:

  • The National Clean Diesel Funding Assistance Program, and
  • The EPA’s SmartWay program.

The EPA's emission standards for engines are issued based on the date of engine manufacture. As an example: If the date of manufacture was before 2004, the engine would have to meet the standards that were in place at the time of manufacture (the 1998 standards).

The vehicle can be upgraded to a later standard, but it cannot be allowed to fall below the standards that were in effect on the date of manufacture. It is a violation of federal law to tamper with or remove any emissions components.

The vehicle is subject to inspection and testing to verify that it is complying with the emission standards that were in effect at the time of manufacture. If the vehicle has been altered or cannot pass an emissions test due to alteration or lack of proper maintenance, the company can be fined.

Labeling requirements

Each vehicle and engine must have a label stating which emission standard the vehicle/engine was built under. It is a federal requirement (and a state requirement in many states) that these labels be present on the vehicle.

If the label is missing (most commonly a problem with engines), locate the engine identification number and contact the engine manufacturer for a new label. It may be a good idea to add this to the company’s annual or quarterly inspections.

As well as the federal emission standards, there are state requirements. California is seen as the leader in the emissions area, having tougher standards in some areas than the EPA. Most original equipment manufacturers (OEMs) have been designing their vehicles and engines to meet the California Air Resource Board (CARB) standards, as well as the EPA standards.

Renewable Fuel Standard (RFS)

  • RFS requires transportation fuel sold in the U.S. to contain a minimum volume of renewable fuels.
  • Renewable fuel categories include conventional and advanced biofuel.

The Renewable Fuel Standard (RFS) is a federal program that requires transportation fuel sold in the U.S. to contain a minimum volume of renewable fuels.

The RFS requires renewable fuel to be blended into transportation fuel in increasing amounts each year, escalating to 36 billion gallons by 2022. Each renewable fuel category in the RFS program must emit lower levels of greenhouse gases (GHGs) relative to the petroleum fuel it replaces.

RFS Requirements

The Environmental Protection Agency (EPA) establishes the volume requirements for each fuel category based on volumes set by the Energy and Independence and Security Act of 2007 (EISA) and fuel availability. The EPA tracks compliance with the program through the Renewable Identification Number (RIN) system, which assigns a RIN to each gallon of renewable fuel.

Oil refiners and gasoline and diesel importers are typical entities regulated by the RFS. The volumes these industries are required to meet is based on a percentage of its petroleum product sales. Covered entities can meet their renewable fuel obligations (RVOs) by selling required biofuel volumes or by purchasing RINs from parties that exceed their requirements.

Renewable fuel categories include:

  • Conventional Biofuel: Any fuel derived from starch feedstocks (e.g., corn and grain sorghum). Conventional biofuels produced in plants built after 2007 must demonstrate a 20 percent reduction in life cycle GHG emissions.
  • Advanced Biofuel: Any fuel derived from cellulosic or advanced feedstocks. This may include sugarcane or sugar beet-based fuels; biodiesel made from vegetable oil or waste grease; renewable diesel co-processed with petroleum; and other biofuels that may exist in the future. Nested within advanced biofuels are two sub-categories: cellulosic biofuel and biomass-based diesel. Both biomass-based diesel and cellulosic biofuel that exceed volumes in their respective categories may be used to meet this category. Fuels in this category must demonstrate a life cycle GHG emissions reduction of 50 percent.
    • Biomass-Based Diesel: A diesel fuel substitute made from renewable feedstocks, including biodiesel and non-ester renewable diesel. Fuels in this category must demonstrate a life cycle GHG emissions reduction of 50 percent.
    • Cellulosic Biofuel: Any fuel derived from cellulose, hemicellulose, or lignin — nonfood-based renewable feedstocks. Fuels in this category must demonstrate a life cycle GHG emissions reduction of at least 60 percent.

E15

  • E15 is a blend of gasoline and up to 15 volume percent ethanol.
  • FFVs, MY 2001 and newer cars, light-duty trucks, and medium-duty passenger vehicles SUVs may use E15.

E15 is a blend of gasoline and up to 15 volume percent ethanol. On October 13, 2010, the Environmental Protection Agency (EPA) granted a partial waiver for E15 use in model year 2007 and newer light-duty motor vehicles (i.e., cars, light-duty trucks, and medium-duty passenger vehicles) subject to certain conditions. In January 2011, the EPA granted a second partial waiver for E15 use in model year 2001–2006 light-duty motor vehicles. Until the EPA granted the waiver, the amount of ethanol in motor vehicle gasoline was limited to 10 volume percent (E10). E10 was granted a waiver under Clean Air Act 211(f)(4) more than 30 years ago and is now makes up over 90 percent of the U.S. gasoline market.

The primary source of ethanol is corn, but other grains or biomass sources may be used as feedstocks.

On June 10, 2019, the EPA finalized a rule to allow the use of E15 all year long, and not just during the summer months.

What Vehicles May Use E15?

  • Flexible-fuel vehicles (FFVs)
  • Model year (MY) 2001 and newer cars
  • MY 2001 and newer light-duty trucks
  • MY 2001 and newer medium-duty passenger vehicles sport utility vehicles (SUVs)

What Vehicles and Engines May Not Use E15?

  • All vehicles with heavy-duty engines, such as school buses, transit buses, and delivery trucks
  • All motorcycles
  • All off-road vehicles, such as boats and snowmobiles
  • All engines in off-road equipment, such as lawnmowers and chain saws
  • All MY 2000 and older cars, light-duty trucks, and medium-duty passenger vehicles (e.g., SUVs)

A major concern with E15 is the possibility of “misfueling,” or the inability of an engine to use E15. Therefore, the waiver calls for all E15 retailers to have a label that informs consumers about which vehicles can use E15.

Stationary emission sources

  • Air permits are legally enforceable documents describing how a source will control or prevent toxic emissions, most of which are issued and enforced by the federal, state, or local agency.
  • The air permitting process can take several months for an issuing agency to finish its review and approval.

Stationary sources of air emissions are subject to the applicable State Implementation Plans (SIPs) as well as Environmental Protection Agency (EPA) regulations regarding the monitoring of emissions as well as obtaining the permits required for their specific industry, potential pollutants, and attainment (or nonattainment) area status.

Air permits

Air permits are legally enforceable documents describing how a source will control or prevent air emissions, most of which are issued and enforced by the states. The type of air permit needed will depend on where the operation is located and if the area is meeting national air standards; the industry; facility size; the types and amounts of contaminants the operation emits.

If the business is considering installing new equipment or constructing, reconstructing, relocating, or modifying equipment that emits air contaminants, check with the state to see if the proposed action will require air permitting. Note that every process that emits an air contaminant needs a permit unless that process is specifically exempted.

The permitting process can take many hours to complete. In contrast, it can take several months for a state to finish its review and approval process. So, start the application process as soon as possible.

New Source Review (NSR) Permits

  • There are three types of NSR permits that may apply to new emission sources or major modifications to existing.

The New Source Review (NSR) program makes sure that construction projects, whether new building or major modifications to existing facilities, do not worsen the air quality in a particular area. NSR permits describe what construction is allowed, emission limits, and even contains some operating requirements.

There are three types of NSR permits. A facility (i.e., source) may have to meet one or more of these permitting requirements.

  • Prevention of Significant Deterioration (PSD). PSD permits are required for new major sources or major sources making a major modification in areas that meet National Ambient Air Quality Standards (NAAQS) attainment. No source or modification subject to PSD review may be constructed without a permit. PSD permits require installing pollution controls using the best available control technology (BACT). BACT is defined as an emission limit based on the maximum degree of reduction of each pollutant subjected to regulation under the Clean Air Act (CAA). BACT is done on a case-by-case basis, and considers energy, environmental, and economic impacts.
  • Nonattainment NSR. These permits are required for new major sources or major sources making a major modification in areas that do not meet one or more of the NAAQS. Permits in nonattainment areas must meet the lowest achievable emission rate (LAER). In all cases, the BACT and LAER must be at least as strict as any existing New Source Performance Standards (NSPS) for the source.
  • Minor source permits.

NSR permits are usually issued by states or local air pollution control agencies. The Environmental Protection Agency (EPA) issues NSR permits in some cases. State permitting requirements must be at least as stringent as those set by the federal government.

The EPA must approve a state’s NSR program in its State Implementation Plan (SIP).

Is a Title V permit needed?

  • There are seven different reasons why a source may need to obtain a Title V permit.

Title V permits under the Clean Air Act (CAA) are also called operating permits, and they include pollution control requirements from federal or state regulations that apply to a particular source.

A stationary source needs to obtain a Title V permit if:

  1. It is a major source. Under Title V, this means:
    • The source has actual or potential emissions at or above the major source threshold for any air pollutant.
    • The major source threshold for any air pollutant is 100 tons/year (known as the “default value”).
    • In non-attainment areas, lower thresholds will apply to the pollutants that are in non-attainment.
    • Major source threshold for hazardous air pollutants (HAPs) are 10 tons/year for a single HAP or 25 tons/year for any combination of HAPs.
  2. It has a major source permit under the New Source Review (NSR) Permitting Program.
  3. It is an “affected source” under the Acid Rain Rules (regardless of size).
  4. It has Solid Waste Incineration Units under CAA 129 (regardless of size). This includes:
    • Municipal waste combustors (large and small)
    • Hospital/medical/infectious waste incinerators
    • Commercial and industrial solid waste incinerators
    • Other solid waste incinerators
    • Sewage sludge incinerators
  5. It is a non-major source subject to National Emissions Standards for Hazardous Air Pollutants (NESHAPs). This is to say, the source is also subject to maximum achievable control technology (MACT) standards. Note that if any newly promulgated new source permit or MACT standard regulates area sources, it must clarify whether the area sources must obtain Title V permits. These sources include:
    • Hazardous waste combustors
    • Portland cement manufacturers
    • Mercury cell chlor-alkali plants
    • Secondary lead smelters
    • Carbon black production
    • Chemical manufacturing: chromium compounds
    • Primary copper smelting
    • Secondary copper smelting
    • Nonferrous metals area sources: zinc, cadmium, and beryllium
    • Glass manufacturing
    • Electric arc furnace steelmaking facilities
    • Gold mine ore processing and production
  6. The source is a chemical manufacturer subject to NESHAP requirements.
  7. It is a municipal solid waste landfill subject to NESHAP and New Source Performance Standards (NSPS) requirements.

New Source Performance Standards

  • NSR is source-specific, whereas the NSPS program applies to all sources nationwide.

The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to create a list of the important categories of stationary sources of air pollution, and to establish federal standards of performance for new sources within these categories. These New Source Performance Standards (NSPS) apply to newly constructed sources or those that undergo major upgrades or modifications. The NSPS include both equipment specifications and operation and measurement requirements.

The NSPS are codified in 40 CFR Part 60.

NSPS vs. NSR

The important difference between the New Source Review (NSR) permits and the NSPS program is that NSR is source-specific, whereas the NSPS program applies to all sources nationwide. This gives states the authority to require more stringent controls to meet the ambient air quality standards in specific geographic areas.

New Source Review (NSR) Permits

  • There are three types of NSR permits that may apply to new emission sources or major modifications to existing.

The New Source Review (NSR) program makes sure that construction projects, whether new building or major modifications to existing facilities, do not worsen the air quality in a particular area. NSR permits describe what construction is allowed, emission limits, and even contains some operating requirements.

There are three types of NSR permits. A facility (i.e., source) may have to meet one or more of these permitting requirements.

  • Prevention of Significant Deterioration (PSD). PSD permits are required for new major sources or major sources making a major modification in areas that meet National Ambient Air Quality Standards (NAAQS) attainment. No source or modification subject to PSD review may be constructed without a permit. PSD permits require installing pollution controls using the best available control technology (BACT). BACT is defined as an emission limit based on the maximum degree of reduction of each pollutant subjected to regulation under the Clean Air Act (CAA). BACT is done on a case-by-case basis, and considers energy, environmental, and economic impacts.
  • Nonattainment NSR. These permits are required for new major sources or major sources making a major modification in areas that do not meet one or more of the NAAQS. Permits in nonattainment areas must meet the lowest achievable emission rate (LAER). In all cases, the BACT and LAER must be at least as strict as any existing New Source Performance Standards (NSPS) for the source.
  • Minor source permits.

NSR permits are usually issued by states or local air pollution control agencies. The Environmental Protection Agency (EPA) issues NSR permits in some cases. State permitting requirements must be at least as stringent as those set by the federal government.

The EPA must approve a state’s NSR program in its State Implementation Plan (SIP).

Is a Title V permit needed?

  • There are seven different reasons why a source may need to obtain a Title V permit.

Title V permits under the Clean Air Act (CAA) are also called operating permits, and they include pollution control requirements from federal or state regulations that apply to a particular source.

A stationary source needs to obtain a Title V permit if:

  1. It is a major source. Under Title V, this means:
    • The source has actual or potential emissions at or above the major source threshold for any air pollutant.
    • The major source threshold for any air pollutant is 100 tons/year (known as the “default value”).
    • In non-attainment areas, lower thresholds will apply to the pollutants that are in non-attainment.
    • Major source threshold for hazardous air pollutants (HAPs) are 10 tons/year for a single HAP or 25 tons/year for any combination of HAPs.
  2. It has a major source permit under the New Source Review (NSR) Permitting Program.
  3. It is an “affected source” under the Acid Rain Rules (regardless of size).
  4. It has Solid Waste Incineration Units under CAA 129 (regardless of size). This includes:
    • Municipal waste combustors (large and small)
    • Hospital/medical/infectious waste incinerators
    • Commercial and industrial solid waste incinerators
    • Other solid waste incinerators
    • Sewage sludge incinerators
  5. It is a non-major source subject to National Emissions Standards for Hazardous Air Pollutants (NESHAPs). This is to say, the source is also subject to maximum achievable control technology (MACT) standards. Note that if any newly promulgated new source permit or MACT standard regulates area sources, it must clarify whether the area sources must obtain Title V permits. These sources include:
    • Hazardous waste combustors
    • Portland cement manufacturers
    • Mercury cell chlor-alkali plants
    • Secondary lead smelters
    • Carbon black production
    • Chemical manufacturing: chromium compounds
    • Primary copper smelting
    • Secondary copper smelting
    • Nonferrous metals area sources: zinc, cadmium, and beryllium
    • Glass manufacturing
    • Electric arc furnace steelmaking facilities
    • Gold mine ore processing and production
  6. The source is a chemical manufacturer subject to NESHAP requirements.
  7. It is a municipal solid waste landfill subject to NESHAP and New Source Performance Standards (NSPS) requirements.

New Source Performance Standards

  • NSR is source-specific, whereas the NSPS program applies to all sources nationwide.

The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to create a list of the important categories of stationary sources of air pollution, and to establish federal standards of performance for new sources within these categories. These New Source Performance Standards (NSPS) apply to newly constructed sources or those that undergo major upgrades or modifications. The NSPS include both equipment specifications and operation and measurement requirements.

The NSPS are codified in 40 CFR Part 60.

NSPS vs. NSR

The important difference between the New Source Review (NSR) permits and the NSPS program is that NSR is source-specific, whereas the NSPS program applies to all sources nationwide. This gives states the authority to require more stringent controls to meet the ambient air quality standards in specific geographic areas.

Regulated mobile sources and fuels

  • There are various mobile source sectors regulated by the EPA under the CAA.

Mobile source sectors regulated by the Environmental Protection Agency (EPA) under the Clean Air Act (CAA)

Aircraft Commercial aircraft engines
Heavy-duty vehiclesHeavy trucks and buses: large pick-ups, delivery trucks, recreational vehicles, and semi-trucks
Light-duty vehiclesPassenger cars and light trucks: minivans, passenger vans, pickup trucks, and sport-utility vehicles
LocomotivesDiesel-powered engines used in freight and passenger rail, ling-haul and switch locomotives
MotorcyclesOn-road 2- and 3-wheeled vehicles, mopeds, and scooters
Marine-compression ignition (CI) enginesAuxiliary and propulsion engines used by all types of recreations and commercial vessels: small fishing boats, tugboats, ocean-going ships. Marine auxiliary engines: small generator sets to larger generator sets on ocean-going vessels
Marine spark-ignition (SI) engines and vesselsGasoline boats and personal watercraft: pleasure boats, jet-skis, outboard engines, and sterndrive/inboard engines
Nonroad CI engines and equipmentConstruction and agricultural equipment: excavators, paving equipment, tractors, combines, bulldozers, and skidders
Nonroad large SI engines and equipmentGasoline and propane industrial equipment: forklifts, generators, airport service equipment, compressors, and ice-grooming machines
Nonroad small SI engines and equipmentSmall gasoline lawn and garden equipment: lawnmowers, leaf blowers, chain saws, and string trimmers
Recreational engines and vehiclesLand-based recreational vehicles: snowmobiles, dirt bikes, and all-terrain vehicles (ATVs)

Fuel types regulated by the EPA under the CAA

Low sulfur gasolineEstablished in conjunction with the Tier 2 light-duty vehicle standards to maintain the performance of catalytic converters.
Ultra-low sulfur diesel (ULSD) fuelCovers highway, nonroad, locomotive, and marine diesel fuel. ULSD is necessary for new advanced emission control technologies, and it contributes to particulate matter reductions in the existing fleet of nonroad engines and equipment.

Tier 3 Motor Vehicle Emission and Fuel Standards Program

  • The Tier 3 Motor Vehicle Emission and Fuel Standards program is part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health.
  • The EPA offers many diesel emission reduction programs that apply to diesel vehicles, vessels, locomotives, or other diesel equipment.
  • Each vehicle and engine must have a label stating which emission standard it was built under.

The 2017 Tier 3 Motor Vehicle Emission and Fuel Standards program is part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health. The program considers the vehicle and its fuel as an integrated system, setting vehicle emissions standards and a gasoline sulfur standard. The vehicle emissions standards will reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. The gasoline sulfur standard creates more stringent vehicle emissions standards and helps emissions control systems be more effective.

Emission standards — Diesel fuel

In addition to regulations on newly manufactured engines, the Environmental Protection Agency (EPA) has devised a number of emissions reduction strategies for diesel engines. The National Clean Diesel Campaign (NCDC) partners the EPA with manufacturers, fleet operators, air quality professionals, environmental and community groups, and state and local governments to reduce diesel emissions. The EPA also offers many diesel emission reduction programs that apply to diesel vehicles, vessels, locomotives, or other diesel equipment. Strategies to help older diesel engines operate more cleanly include:

  • Install diesel retrofit devices with verified technologies;
  • Maintain, repair, rebuild, repower engines;
  • Replace older vehicles and equipment;
  • Improve operational strategies; and
  • Use cleaner fuels including natural gas and propane.

Funding may be available through the EPA to develop diesel emission reduction programs. National programs that may help with funding and technical expertise include:

  • The National Clean Diesel Funding Assistance Program, and
  • The EPA’s SmartWay program.

The EPA's emission standards for engines are issued based on the date of engine manufacture. As an example: If the date of manufacture was before 2004, the engine would have to meet the standards that were in place at the time of manufacture (the 1998 standards).

The vehicle can be upgraded to a later standard, but it cannot be allowed to fall below the standards that were in effect on the date of manufacture. It is a violation of federal law to tamper with or remove any emissions components.

The vehicle is subject to inspection and testing to verify that it is complying with the emission standards that were in effect at the time of manufacture. If the vehicle has been altered or cannot pass an emissions test due to alteration or lack of proper maintenance, the company can be fined.

Labeling requirements

Each vehicle and engine must have a label stating which emission standard the vehicle/engine was built under. It is a federal requirement (and a state requirement in many states) that these labels be present on the vehicle.

If the label is missing (most commonly a problem with engines), locate the engine identification number and contact the engine manufacturer for a new label. It may be a good idea to add this to the company’s annual or quarterly inspections.

As well as the federal emission standards, there are state requirements. California is seen as the leader in the emissions area, having tougher standards in some areas than the EPA. Most original equipment manufacturers (OEMs) have been designing their vehicles and engines to meet the California Air Resource Board (CARB) standards, as well as the EPA standards.

Renewable Fuel Standard (RFS)

  • RFS requires transportation fuel sold in the U.S. to contain a minimum volume of renewable fuels.
  • Renewable fuel categories include conventional and advanced biofuel.

The Renewable Fuel Standard (RFS) is a federal program that requires transportation fuel sold in the U.S. to contain a minimum volume of renewable fuels.

The RFS requires renewable fuel to be blended into transportation fuel in increasing amounts each year, escalating to 36 billion gallons by 2022. Each renewable fuel category in the RFS program must emit lower levels of greenhouse gases (GHGs) relative to the petroleum fuel it replaces.

RFS Requirements

The Environmental Protection Agency (EPA) establishes the volume requirements for each fuel category based on volumes set by the Energy and Independence and Security Act of 2007 (EISA) and fuel availability. The EPA tracks compliance with the program through the Renewable Identification Number (RIN) system, which assigns a RIN to each gallon of renewable fuel.

Oil refiners and gasoline and diesel importers are typical entities regulated by the RFS. The volumes these industries are required to meet is based on a percentage of its petroleum product sales. Covered entities can meet their renewable fuel obligations (RVOs) by selling required biofuel volumes or by purchasing RINs from parties that exceed their requirements.

Renewable fuel categories include:

  • Conventional Biofuel: Any fuel derived from starch feedstocks (e.g., corn and grain sorghum). Conventional biofuels produced in plants built after 2007 must demonstrate a 20 percent reduction in life cycle GHG emissions.
  • Advanced Biofuel: Any fuel derived from cellulosic or advanced feedstocks. This may include sugarcane or sugar beet-based fuels; biodiesel made from vegetable oil or waste grease; renewable diesel co-processed with petroleum; and other biofuels that may exist in the future. Nested within advanced biofuels are two sub-categories: cellulosic biofuel and biomass-based diesel. Both biomass-based diesel and cellulosic biofuel that exceed volumes in their respective categories may be used to meet this category. Fuels in this category must demonstrate a life cycle GHG emissions reduction of 50 percent.
    • Biomass-Based Diesel: A diesel fuel substitute made from renewable feedstocks, including biodiesel and non-ester renewable diesel. Fuels in this category must demonstrate a life cycle GHG emissions reduction of 50 percent.
    • Cellulosic Biofuel: Any fuel derived from cellulose, hemicellulose, or lignin — nonfood-based renewable feedstocks. Fuels in this category must demonstrate a life cycle GHG emissions reduction of at least 60 percent.

E15

  • E15 is a blend of gasoline and up to 15 volume percent ethanol.
  • FFVs, MY 2001 and newer cars, light-duty trucks, and medium-duty passenger vehicles SUVs may use E15.

E15 is a blend of gasoline and up to 15 volume percent ethanol. On October 13, 2010, the Environmental Protection Agency (EPA) granted a partial waiver for E15 use in model year 2007 and newer light-duty motor vehicles (i.e., cars, light-duty trucks, and medium-duty passenger vehicles) subject to certain conditions. In January 2011, the EPA granted a second partial waiver for E15 use in model year 2001–2006 light-duty motor vehicles. Until the EPA granted the waiver, the amount of ethanol in motor vehicle gasoline was limited to 10 volume percent (E10). E10 was granted a waiver under Clean Air Act 211(f)(4) more than 30 years ago and is now makes up over 90 percent of the U.S. gasoline market.

The primary source of ethanol is corn, but other grains or biomass sources may be used as feedstocks.

On June 10, 2019, the EPA finalized a rule to allow the use of E15 all year long, and not just during the summer months.

What Vehicles May Use E15?

  • Flexible-fuel vehicles (FFVs)
  • Model year (MY) 2001 and newer cars
  • MY 2001 and newer light-duty trucks
  • MY 2001 and newer medium-duty passenger vehicles sport utility vehicles (SUVs)

What Vehicles and Engines May Not Use E15?

  • All vehicles with heavy-duty engines, such as school buses, transit buses, and delivery trucks
  • All motorcycles
  • All off-road vehicles, such as boats and snowmobiles
  • All engines in off-road equipment, such as lawnmowers and chain saws
  • All MY 2000 and older cars, light-duty trucks, and medium-duty passenger vehicles (e.g., SUVs)

A major concern with E15 is the possibility of “misfueling,” or the inability of an engine to use E15. Therefore, the waiver calls for all E15 retailers to have a label that informs consumers about which vehicles can use E15.

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