Chemical manufacturing area sources (i.e., non-major sources of hazardous air pollutants [HAP]) that fall under one of the nine area source categories listed below may be regulated under 40 CFR 63, Subpart VVVVVV – National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources (CMAS):
- Agricultural Chemicals and Pesticides Manufacturing
- Cyclic Crude and Intermediate Production
- Industrial Inorganic Chemical Manufacturing
- Industrial Organic Chemical Manufacturing
- Inorganic Pigments Manufacturing
- Miscellaneous Organic Chemical Manufacturing
- Plastic Materials and Resins Manufacturing
- Pharmaceutical Production
- Synthetic Rubber Manufacturing
The CMAS regulations apply to process vents, storage tanks, equipment leaks, wastewater systems, transfer operations, and heat exchange systems associated with process units that contain one or more of 15 listed HAP or HAP metal compounds. CMAS regulations were last amended December 21, 2012, and there are an estimated 548 total private-sector area sources in the U.S. that are subject to the CMAS requirements.
In May 2022, the U.S. EPA submitted an extension for an information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval. Every ICR must have a valid OMB Control Number to receive responses from recipients. In light of these actions and the recent changes made or proposed to other Part 63 Chemical regulations, including the Miscellaneous Organic Chemical Manufacturing NESHAP (MON) and the Hazardous Organic NESHAP (HON), it appears that the U.S. EPA is homing in its sights on CMAS sources next.
Based on these recent rule changes affecting the chemical industry, it is likely that CMAS sources may see stricter standards on ethylene oxide and potential changes or even removal of startup, shutdown, and malfunction (SSM) provisions. If this is the case, we would expect the U.S. EPA to begin the CMAS RTR process by sending ICRs to the currently affected CMAS facilities. CMAS facilities can prepare for a potential upcoming ICR request by reviewing and shoring up the required CMAS records, which may include, but are not limited to:
- Emissions calculations and/or total resource effectiveness (TRE) index calculations for organic HAP and metal HAP from process vents
- For storage tanks, capacity and vapor pressure data and application inspection/seal gap measurement records
- For wastewater, HAP concentrations and flows and any records/plans for wastewater treatment
- Recurring calculations and tracking requirements, such as for actual process vent emissions and/or quarterly leak inspections
- Heat exchange system inspection plan or monitoring plan
- Applicable monitoring plans, design evaluations, stack tests, and startup, shutdown, and malfunction records for control devices
- Continuous compliance and monitoring records for CMAS controls
In addition to required CMAS records, these requests may also address additional HAPS that U.S. EPA is evaluating for inclusion under CMAS, such as ethylene oxide. Furthermore, requests could be sent to sites not currently subject to CMAS, but which contain ethylene oxide or other HAPS being evaluated. These requests could range from details on existing operations and data available, such as process stream composition, emissions data, and control details, to requests for additional stack tests and process/waste stream sampling data.
Although an official RTR has not been proposed or announced for the CMAS, it’s only a matter of time before this rule is back on the U.S. EPA’s radar for period review and revisions. Since the bulk of reporting season is behind us, there is no time like the present to ensure your facility’s CMAS records are ready for some enhanced scrutiny and potentially even an ICR request. For assistance or more information, reach out to Inaas Darat.
