“Short Stay” of Chemical Manufacturing Area Source (CMAS) NESHAP

On October 22, 2012 U.S. EPA issued a short stay of the final National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources (CMAS) identified as 40 CFR Part 63, Subpart VVVVVV. On January 30, 2012, U.S. EPA published a proposed rule reconsidering certain provisions in the final CMAS rule in the Federal Register. The compliance date for the final CMAS rule was October 29, 2012.  However, U.S. EPA is still in the process of finalizing the reconsideration action. For this reason, U.S. EPA determined that a short stay of the final CMAS rule, pending completion of the reconsideration, is warranted.  The stay will expire on December 24, 2012. 

Each issue and how it has been addressed by U.S. EPA is provided below:

1. Title V permitting requirements – proposed to more clearly identify the sources subject to Title V permitting as those that route emissions from at least one (1) process unit, subject to the final rule, to a control device that is required to maintain synthetic hazardous air pollutant (HAP) area source status at the facility.
2. Requirements when other rules overlap with the final rule – proposed to allow a facility subject to CMAS and any other applicable area or major source NESHAP rule to comply with the most stringent provisions of the applicable rules as an alternative to complying fully with each rule independently.
3. Requirements to conduct direct and proximal leak inspections – proposed to amend inspections of the chemical manufacturing process unit (CMPU) equipment from direct and proximal inspections to quarterly inspections which utilize detection methods that incorporate sight, sound, or smell. This change was made in response to comments which address the difficulty and safety of inspecting CMPU equipment as the rule was previously written.
4. Requirements for covers or lids on process vessels – proposed to allow the opening of a HAP process vessel for manual operations that require access, such as material addition and removal, inspection, sampling, and cleaning. Previously the HAP process vessels were to be closed “except for material addition and sampling.”
5. Requirements to conduct leak inspections when equipment is in HAP service – retaining the requirements to conduct leak inspections when equipment is in HAP service. Editorial changes are proposed to make the rule easier to read and understand.
6. Applicability of the family of materials concept – proposed to clarify “family of materials.”  In the amendment, the definition of family of materials is revised to state that only those products whose production involves emission of the same Table 1 HAP are to be considered part of a family of materials.
7. Requirements during Startup, Shutdown, and Malfunction (SSM) – proposed to amend requirements during SSM to require records of occurrence and duration of malfunctions, records of actions taken to minimize emissions during these periods and to fix malfunctioning equipment, and reporting of information related to each malfunction.  The amendment also states that it is the facility’s general duty to minimize emissions at all times.
8. Requirements for metal HAP process vents – U.S.  EPA will accept comments on CMAS requirements for metal HAP vents, specifically regarding the applicability of the definition of a “metal process vent” to all types of equipment from which metal HAPs are emitted.
9. Technical corrections and clarifications – proposed technical corrections to certain applicability and compliance provisions in the final rule. These amendments are to correct inaccuracies and oversights that were promulgated in the final rule.  Noteworthy technical revisions include: exclusion of lead oxide production at lead acid battery manufacturing facilities from all 40 CFR Part 63, Subpart VVVVVV requirements and clarifying that a CMPU using only Table 1 metal HAPs is not subject to any requirements for wastewater systems or heat exchange systems.

More information pertaining to the final CMAS NESHAP may be found here.