§ 7412. Hazardous air pollutants

§ 7412. Hazardous air pollutants

(a) Definitions For purposes of this section, except subsection (r)—

(1) Major source The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors.

(2) Area source The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II.

(3) Stationary source The term “stationary source” shall have the same meaning as such term has under section 7411(a) of this title.

(4) New source The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source.

(5) Modification The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more than a de minimis amount or which results in the emission of any hazardous air pollutant not previously emitted by more than a de minimis amount.

(6) Hazardous air pollutant The term “hazardous air pollutant” means any air pollutant listed pursuant to subsection (b).

(7) Adverse environmental effect The term “adverse environmental effect” means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.

(8) Electric utility steam generating unit The term “electric utility steam generating unit” means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.

(9) Owner or operator The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.

(10) Existing source The term “existing source” means any stationary source other than a new source.

(11) Carcinogenic effect Unless revised, the term “carcinogenic effect” shall have the meaning provided by the Administrator under Guidelines for Carcinogenic Risk Assessment as of the date of enactment.11 See References in Text note below. Any revisions in the existing Guidelines shall be subject to notice and opportunity for comment.

(b) List of pollutants

(1) Initial list The Congress establishes for purposes of this section a list of hazardous air pollutants as follows: CAS numberChemical name NOTE: For all listings above 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. ^1 X′CN where X = H′ or any other group where a formal dissociation may occur. For example KCN or Ca(CN)2. ^2 Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R–(OCH2CH2)n–OR′ where n = 1, 2, or 3 R = alkyl or aryl groups R′ = R, H, or groups which, when removed, yield glycol ethers with the structure: R–(OCH2CH)n–OH. Polymers are excluded from the glycol category. ^3 Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less. ^4 Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100°C. ^5 A type of atom which spontaneously undergoes radioactive decay. 75070Acetaldehyde 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-Diethyl aniline (N,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 680319Hexamethylphosphoramide 110543Hexane 302012Hydrazine 7647010Hydrochloric acid 7664393Hydrogen fluoride (Hydrofluoric acid) 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 0Arsenic Compounds (inorganic including arsine) 0Beryllium Compounds 0Cadmium Compounds 0Chromium Compounds 0Cobalt Compounds 0Coke Oven Emissions 0Cyanide Compounds ^1 0Glycol ethers ^2 0Lead Compounds 0Manganese Compounds 0Mercury Compounds 0Fine mineral fibers ^3 0Nickel Compounds 0Polycylic Organic Matter ^4 0Radionuclides (including radon) ^5 0Selenium Compounds

(2) Revision of the list The Administrator shall periodically review the list established by this subsection and publish the results thereof and, where appropriate, revise such list by rule, adding pollutants which present, or may present, through inhalation or other routes of exposure, a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be, carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise, but not including releases subject to regulation under subsection (r) as a result of emissions to the air. No air pollutant which is listed under section 7408(a) of this title may be added to the list under this section, except that the prohibition of this sentence shall not apply to any pollutant which independently meets the listing criteria of this paragraph and is a precursor to a pollutant which is listed under section 7408(a) of this title or to any pollutant which is in a class of pollutants listed under such section. No substance, practice, process or activity regulated under subchapter VI of this chapter shall be subject to regulation under this section solely due to its adverse effects on the environment.

(3) Petitions to modify the list

(A) Beginning at any time after 6 months after November 15, 1990, any person may petition the Administrator to modify the list of hazardous air pollutants under this subsection by adding or deleting a substance or, in case of listed pollutants without CAS numbers (other than coke oven emissions, mineral fibers, or polycyclic organic matter) removing certain unique substances. Within 18 months after receipt of a petition, the Administrator shall either grant or deny the petition by publishing a written explanation of the reasons for the Administrator’s decision. Any such petition shall include a showing by the petitioner that there is adequate data on the health or environmental defects 22 So in original. Probably should be “effects”. of the pollutant or other evidence adequate to support the petition. The Administrator may not deny a petition solely on the basis of inadequate resources or time for review.

(B) The Administrator shall add a substance to the list upon a showing by the petitioner or on the Administrator’s own determination that the substance is an air pollutant and that emissions, ambient concentrations, bioaccumulation or deposition of the substance are known to cause or may reasonably be anticipated to cause adverse effects to human health or adverse environmental effects.

(C) The Administrator shall delete a substance from the list upon a showing by the petitioner or on the Administrator’s own determination that there is 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 the human health or adverse environmental effects.

(D) The Administrator shall delete one or more unique chemical substances that contain a listed hazardous air pollutant not having a CAS number (other than coke oven emissions, mineral fibers, or polycyclic organic matter) upon a showing by the petitioner or on the Administrator’s own determination that such unique chemical substances that contain the named chemical of such listed hazardous air pollutant meet the deletion requirements of subparagraph (C). The Administrator must grant or deny a deletion petition prior to promulgating any emission standards pursuant to subsection (d) applicable to any source category or subcategory of a listed hazardous air pollutant without a CAS number listed under subsection (b) for which a deletion petition has been filed within 12 months of November 15, 1990.

(4) Further information If the Administrator determines that information on the health or environmental effects of a substance is not sufficient to make a determination required by this subsection, the Administrator may use any authority available to the Administrator to acquire such information.

(5) Test methods The Administrator may establish, by rule, test measures and other analytic procedures for monitoring and measuring emissions, ambient concentrations, deposition, and bioaccumulation of hazardous air pollutants.

(6) Prevention of significant deterioration The provisions of part C (prevention of significant deterioration) shall not apply to pollutants listed under this section.

(7) Lead The Administrator may not list elemental lead as a hazardous air pollutant under this subsection.

(c) List of source categories

(1) In general Not later than 12 months after November 15, 1990, the Administrator shall publish, and shall from time to time, but no less often than every 8 years, revise, if appropriate, in response to public comment or new information, a list of all categories and subcategories of major sources and area sources (listed under paragraph (3)) of the air pollutants listed pursuant to subsection (b). To the extent practicable, the categories and subcategories listed under this subsection shall be consistent with the list of source categories established pursuant to section 7411 of this title and part C. Nothing in the preceding sentence limits the Administrator’s authority to establish subcategories under this section, as appropriate.

(2) Requirement for emissions standards For the categories and subcategories the Administrator lists, the Administrator shall establish emissions standards under subsection (d), according to the schedule in this subsection and subsection (e).

(3) Area sources The Administrator shall list under this subsection each category or subcategory of area sources which the Administrator finds presents a threat of adverse effects to human health or the environment (by such sources individually or in the aggregate) warranting regulation under this section. The Administrator shall, not later than 5 years after November 15, 1990, and pursuant to subsection (k)(3)(B), list, based on actual or estimated aggregate emissions of a listed pollutant or pollutants, sufficient categories or subcategories of area sources to ensure that area sources representing 90 percent of the area source emissions of the 30 hazardous air pollutants that present the greatest threat to public health in the largest number of urban areas are subject to regulation under this section. Such regulations shall be promulgated not later than 10 years after November 15, 1990.

(4) Previously regulated categories The Administrator may, in the Administrator’s discretion, list any category or subcategory of sources previously regulated under this section as in effect before November 15, 1990.

(5) Additional categories In addition to those categories and subcategories of sources listed for regulation pursuant to paragraphs (1) and (3), the Administrator may at any time list additional categories and subcategories of sources of hazardous air pollutants according to the same criteria for listing applicable under such paragraphs. In the case of source categories and subcategories listed after publication of the initial list required under paragraph (1) or (3), emission standards under subsection (d) for the category or subcategory shall be promulgated within 10 years after November 15, 1990, or within 2 years after the date on which such category or subcategory is listed, whichever is later.

(6) Specific pollutants With respect to alkylated lead compounds, polycyclic organic matter, hexachlorobenzene, mercury, polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzofurans and 2,3,7,8-tetrachlorodibenzo-p-dioxin, the Administrator shall, not later than 5 years after November 15, 1990, list categories and subcategories of sources assuring that sources accounting for not less than 90 per centum of the aggregate emissions of each such pollutant are subject to standards under subsection (d)(2) or (d)(4). Such standards shall be promulgated not later than 10 years after November 15, 1990. This paragraph shall not be construed to require the Administrator to promulgate standards for such pollutants emitted by electric utility steam generating units.

(7) Research facilities The Administrator shall establish a separate category covering research or laboratory facilities, as necessary to assure the equitable treatment of such facilities. For purposes of this section, “research or laboratory facility” means any stationary source whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner.

(8) Boat manufacturing When establishing emissions standards for styrene, the Administrator shall list boat manufacturing as a separate subcategory unless the Administrator finds that such listing would be inconsistent with the goals and requirements of this chapter.

(9) Deletions from the list

(A) Where the sole reason for the inclusion of a source category on the list required under this subsection is the emission of a unique chemical substance, the Administrator shall delete the source category from the list if it is appropriate because of action taken under either subparagraphs (C) or (D) of subsection (b)(3).

(B) The Administrator may delete any source category from the list under this subsection, on petition of any person or on the Administrator’s own motion, whenever the Administrator makes the following determination or determinations, as applicable:

The Administrator shall grant or deny a petition under this paragraph within 1 year after the petition is filed.