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Modifications To The 112(b)1 Hazardous Air Pollutants


Authority for modifications:

Section 112 of the Act contains a mandate for EPA to evaluate and control emissions of hazardous air pollutants. Section 112(b)(1) includes an initial list of hazardous air pollutants that is composed of specific chemical compounds and compound classes to be used to identify source categories for which the EPA will promulgate emissions standards. The listed categories are subject to emission standards subsequently developed under Section 112. The EPA must periodically review the list of hazardous air pollutants and, where appropriate, revise this list by rule. In addition, any person may petition EPA under Section 112(b)(3) to modify the list by adding or deleting one or more substances. A petitioner seeking to delete a substance must demonstrate that there are adequate data on the health and environmental effects of the substance to determine that emissions, ambient concentrations, bioaccumulation, or deposition of the substance may not reasonably be anticipated to cause any adverse effects to human health or the environment. To demonstrate the burden of proof, a petitioner must provide a detailed evaluation of the available data concerning the substance's potential adverse health and environmental effects, and estimate the potential exposures through inhalation or other routes resulting from emissions of the substance.

Modifications

Caprolactam

On July 19, 1993, EPA received a petition from AlliedSignal, Inc., BASF Corporation, and DSM Chemicals North America, Inc. to delete caprolactam (CAS No. 105-60-2) from the hazardous air pollutant list in Section 112(b)(1), 42 U.S.C., Section 7412(b)(1). A Notice of Recipt was published (58FR45081, August 26, 1993) noting that the data filed were adequate to support decision making. After a comprehensive review of the data submitted, the EPA published a proposal to delist caprolactam (60FR48081, September 18, 1995). In order to help address public concern,on March 13, 1995, EPA executed two detailed agreements with AlliedSignal concerning the Irmo, South Carolina manufacturing facility and another facility located in Chesterfield, Virginia, copies of which are included in the public docket for this rulemaking. AlliedSignal agreed that, if caprolactam was delisted pursuant to the proposal, AlliedSignal would install emissions controls which EPA believed would be equivalent to the controls which would have been required had EPA issued a standard to control these sources under Section 112. The agreed emissions controls are incorporated in federally enforceable operating permits for the affected facilities, and will be in place years earlier than controls would have otherwise been required. In addition, AlliedSignal has agreed to establish a citizen advisory panel concerning the Irmo facility in order to improve communications with the community and to assure that citizens have an ongoing role in implementation of the agreed emission reductions. The public requesting a public hearing. On November 28, 1995, the EPA published a notice of public hearing and an extention of the comment period (60FR58589). After considering all public comments, the EPA published a final rule delisting caprolactam (61FR30816, June 18, 1996).

All information associated with this rule making is located in Docket Number A-94-33 at the Central Docket Section (A-130), Environmental Protection Agency, 401 M St. SW., Washington, D.C. 20460. phone 202-260-7548, fax 202-260-4400, email a-and-r-docket@epamail.epa. gov. The docket includes complete index to all papers filed in this docket, a copy of the original petition, comments submitted, and additional materials supporting the rule. A reasonable fee may be charged for copying. The docket may be inspected in person between 8:00 a.m. and 4:30 p.m. on weekdays at EPA's Central Docket Section, West Tower Lobby, Gallery 1, Waterside Mall, 401 M St., SW, Washington, D.C. 20460.

Hydrogen Sulfide

A clerical error led to the inadvertent addition of hydrogen sulfide to the Section 112(b) list of Hazardous Air Pollutants. However, a Joint Resolution to remove hydrogen sulfide from the Section 112(b)(1) list was passed by the Senate on August 1, 1991 (Congressional Record page S11799), and the House of Representatives on November 25, 1991 (Congressional Record pages H11217-H11219). The Joint Resolution was approved by the President on December 4, 1991. Hydrogen Sulfide is included in Section 112(r) and is subject to the accidental release provisions. A study (see citation below) was required under Section 112(n)(5).

Hydrogen Sulfide Air Emissions Associated with the Extraction of Oil and Natural Gas,
EPA-453/R-93-045,
NTIS (publication # is PB94-131224, $36.50 hard copy, $17.50 microfiche).

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