Additionally, EPA has promulgated regulations in 40 CFR Part 266, Subpart H
concerning hazardous waste burned in boilers and industrial furnaces (BIFs). These
regulations establish performance standards for emissions of toxic organic compounds (i.e.,
POHCs and PICs), particulate matter, toxic metals, hydrogen chloride and chlorine gas.
These regulations are similar to the proposed regulations for hazardous waste incinerators.

Air pollutant emissions from other thermal treatments are covered in 40 CFR Part 265,
Subpart P. These regulations specify that the owner or operator of the thermal treatment
device must demonstrate that it meets the same performance standard as exists for
hazardous waste incinerators.

Design and operating requirements for waste piles, land disposal units, and landfills
are established in 40 CFR Part 264, Subparts L, M, and N. If the pile, treatment zone, or
landfill contains particulate matter that may be subject to wind dispersal, the owner or
operator must cover or otherwise manage the pile, unit, or landfill to control wind dispersal.

Air pollutant emissions from miscellaneous units are covered in 40 CFR Part 264,
Subpart X. These units must protect human health and the environment from adverse
effects, including those due to migration of waste constituents in the air.

Subpart AA of 40 CFR Part 264 contains air pollutant emission standards for process
vents, closed-vent systems, and control devices at hazardous waste treatment, storage, and
disposal facilities (TSDFs). This subpart applies to equipment associated with distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations
that treat substances that are identified or listed under RCRA as hazardous wastes and that
have a total organics concentration of 10 parts per million by weight (ppmw) or greater. It
establishes performance standards for total organic emissions from these operations. These
standards ma “applicable” for remedial and removal action activities that use these
operations for hazardous wastes whose total organics concentration exceeds the 10 ppmw

threshold. These standards may be "relevant and appropriate" if the total organic
concentration is less than 10 ppmw or if the organics are from nonhazardous wastes.

Additional guidance on the control of air emissions from CERCLA air strippers for
groundwater treatment is given in OSWER Directive 9355.0-28 (Control of Air Emissions from
Superfund Air Strippers at Superfund Groundwater Sites).

Air pollutant emission standards for equipment leaks at TSDFs are given in 40 CFR
Part 264, Subpart BB. In general, this subpart applies to equipment that contains or contacts
hazardous wastes with organic concentrations of at least 10 percent by weight. This
regulation contains design specifications for equipment such as pumps and compressors. It
specifies that this equipment must be monitored for leaks periodically. When a leak is
detected, it must be repaired as soon as practicable, but not later than 15 calendar days after
the leak is detected. These organic emission control requirements may be considered as
ARARs for juipment components installed at CERCLA. up sites that contain or

contact substances containing 10 percent by weight or more total organics.
EPA has proposed new standards for air pollutant emissions from TSDFs (see 56 FR

33490 to 33578, July 22, 1991). The proposed Subpart CC of 40 CFR Part 264 would apply to
owners and operators of TSDFs using tanks, surface impoundments, and containers to

20


Vil. PREVENTION OF SIGNIFICANT DETERIORATION

Sections 160 through 169A of the CAA establish the Prevention of Significant
Deterioration (PSD) program to ensure that the air quality will not deteriorate significantly in
areas that have attained the NAAQS. Regulation of the construction of new sources and
major modifications is the primary control strategy. The PSD program allows some margin
for future industrial growth in attainment areas, while preventing significant deterioration.

iD ‘iremen: “applicable” to a CERCLA action when such action is a major
source or modification for any criteria pollutant and the source is located within (or possibly
upwind of) an attainment area.

The CAA establishes three classes of PSD areas. Each class is allowed a specific
increment of deterioration (i.e., the maximum allowable increase in air pollutant
concentrations in the area.) Increments are calculated in relation to the “baseline
concentration," which generally equals the air pollutant concentration existing on the date of
the first major source PSD permit application. Class I increments are designed to protect
pristine areas such as National Parks. Class II increments allow some limited industrial
growth. Class III increments allow more intensive growth.

The cornerstone of the PSD program is a preconstruction or new source review of
“major emitting facilities." In areas that have attained the NAAQS, the emissions threshold
for designating a major emitting facility is 100 tons per year for 28 specified industrial
categories (e.g., municipal incinerators and chemical processing plants)(see Section 169 of the
CAA). The threshold is 250 tons per year for other industrial categories. State SIPs may
have lower thresholds for applying PSD requirements. Substantive PSD requirements will be
“applicable” if the response activity at a CERCLA site is a major source of emissions,

considering the aggregate of all source emissions at the site. If the emissions threshold is not
er the PSD requirements may be considered to determine if they are "relevant and

appropriate," rather than "applicable." Administrative and_permitting requirements can never
be ARARs. Fugitive emissions (i.e., emissions which could not reasonably pass through a
stack, chimney, vent, or other functionally equivalent opening) count towards the facility’s
potential to emit. The calculation of the potential to emit takes into account the effective
operation of emission controls to the extent that they are Federally enforceable (see 40 CFR
Part 52.21(b)(4)).

New sources in attainment areas must comply with the following requirements:

@ Best available control technology (BACT), established for each pollutant from
each source. BACT means an emission limitation based on the maximum degree
of reduction of each regulated pollutant. The permitting authority determines, on
a case-by-case basis, what is achievable through application of production
processes and available methods, systems, and techniques. The authority must
take into account energy, environmental, and economic impacts and other costs.
BACT must be at least as stringent as NSPSs. (See Section 165 of the CAA and 40
CFR Part 52.) Information about BACT is available from OAQPS’ pollution
control technology clearinghouse.

® Continuous air quality monitoring for each regulated pollutant and
meteorological monitoring and modeling to show that the source cannot cause or

14


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Ill. REGULATED SOURCES

The CAA governs air pollutant emissions from both mobile and stationary sources.
The CAA provisions governing stationary sources have greater importance for CERCLA sites.
The term "stationary source" means any building, structure, facility, or installation that emits
or may emit any air pollutant. This term may mean a single point releasing pollutants into
the atmosphere. It may also mean all of the pollutant-emitting activities that belong to the
same industrial grouping, if they are located on one or more contiguous or adjacent
properties, and if they are under the control of the same person.

Many of the statute’s provisions apply only to "major" stationary sources. The
emissions threshold for designating a major stationary source varies depending on the air
pollutant, the source type, and the surrounding air quality level relative to the applicable
NAAQS. It may range from 10 to 250 tons per year. Sections IV through VII of this Fact
Sheet provide additional information on these emissions thresholds.

The term "new source" means any stationary source, the construction or modification
of which is commenced after the publication of regulations (or proposed regulations)
prescribing a standard of performance that will be applicable to such a source. A
"modification" consists of any change to an existing source that would result in emissions of
a regulated pollutant above de minimis amounts. Other sources are “existing sources." A

ERCLA site could be an existing source for the ose of developing site-specific baseline
emission estimates, which are defined by the NTG as “emission estimates from disturbed and

ndisturbed sites and are necessary for evaluating a no-action alternative and for evaluatin:

Potential emissions during" the response action (See Volume I - Application of Air Pathway
Analysis for Superfund Activities (EPA publication EPA-450/1-89-001, July 1989), pp. 5-12). If it

would create potential air quality impacts (e.g., soil washing, thermal treatment, air

ripping), the response action could itself qualify as a new source.

In general, the requirements for new sources differ from those for existing sources.
New sources are governed by State regulations that are derived from NSPSs. Existing
sources are governed by State regulations that are derived from SIPs. Additionally, new and
existing sources are treated differently in regulations for NAAQS nonattainment areas and
for Prevention of Significant Deterioration in attainment areas (see Sections VI and VII of this
Fact Sheet).


manage hazardous waste. It also would apply to hazardous waste generators using tanks
and containers to accumulate hazardous waste on site. At these affected facilities, specific
organic emissions controls would have to be installed on the tanks, surface impoundments
and containers having a volatile organic concentration equal to or greater than 500 ppmw. A
combination of covers, closed-vent systems, and control devices would have to be used to
limit the organic emissions. This proposed rule is scheduled to be promulgated by 1993. As
a proposed rule, these standards are merely TBCs. If promulgated, the organic emission
control requirements would be “applicable"to on-site remedial and removal actions that use
tanks, surface impoundments and containers to manage hazardous waste having more than

mw of volatile organic. They may be "relevant and appropriate” for nonhazardou:
wastes or for lower concentrations.

Subpart DD of 40 CFR Part 264 contains design and operating standards for
containment buildings. Containment buildings are not land treatment units, so that
hazardous wastes may be managed in such units without first meeting treatment standards.
They allow nonliquid hazardous wastes to be stored and/or treated indoors in a secure
structure (securely walled, roofed, and floored) that is designed to provide containment
comparable to that provided by RCRA tanks or containers. Examples of hazardous wastes
that could be stored in containment buildings are lead slags, spent potliners from primary
aluminum production, recycled lead batteries and possibly electric arc furnace dusts.
Because of the dusty nature of many of the hazardous wastes that may be managed in these
units and the dusty conditions that can be caused by the handling of these wastes within the
units, the standards require that owner/operators control fugitive dust emissions during
normal operating conditions. Owner/operators must install and operate systems to control
fugitive dust emissions unless they can demonstrate that the wastes to be managed in the
unit will not release significant amounts of fine particulates from the building as they are
handled or treated. The standards require that there be no visible emissions through any
openings in the unit.

XI. STATE AIR TOXICS REGULATIONS

Several State air pollution control agencies have adopted programs to regulate toxic
air pollutants. These requirements are likely to be the most significant air emission ARARs
at CERCLA sites until EPA and the States make substantial progress in implementing the
new provisions of Section 112 of the CAA. Because the regulated contaminants and specific
control measures vary from one State to another, persons involved in performing response
actions at CERCLA sites should coordinate with the appropriate Regional Air/Superfund
Coordinator, ARARs Coordinator, On-Scene Coordinator, Site Remedial Project Manager, and
the appropriate State agency to identify potential State ARARs.

21


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the MACT standard may be “applicable."__Ev here the MACT standard is no
licable," it sti “relevant and appropriate."

Federal rulemaking for EPA’s initial list of source categories for the statutory
HAPs will take a decade to complete. During that time, EPA may add or delete
HAPs and regulated source categories. Thus, site decisionmakers should review
the status of air regulations prior to the completion of Records of Decision, Action
Memoranda, or other remedial and removal investigation, planning, or design
decision documents. As noted above, the Air/Superfund Coordinator in the
cognizant Regional Office can provide advice and assistance. It is useful to note
that States will adopt operating permit programs (see Section IX of this Fact
Sheet) to implement and enforce MACT standards as well as other air
regulations. Although the NCP exempts CERCLA sites from obtaining permits

for on-site actions, all remedial actions as well as removal actions (to the extent
practicable) must identify and comply with (or explicitly waive) the substantive

rovisions of the permit regulations, such as MACT standards, that are
determined to be_ARARs.

Health-based standards -- Within 8 years after MACT standards are established
(or 9 years for those established by November 1992), EPA must promulgate any
necessary standards to protect against the remaining residual health or
environmental risks associated with HAPs. These standards would be triggered
if more than one MACT-regulated source in a category has an associated
maximum individual cancer risk that exceeds 1 in one million (ie., 10°). These
residual risk standards would be based on existing CAA language that specifies
that standards must achieve an "ample margin of safety." CERCLA site
decisionmakers should note that the health-based standards will be consistent
with the generally acceptable risk range of 10* to 10°, as discussed in the NCP
(see 40 CFR Part 300.430(e)(2)(i)(A)(2) and 55 FR 8666 to 8865, March 8, 1990).

Specific pollutants -- EPA must regulate sources that account for at least 90
percent of the aggregate emissions of each of seven pollutants: alkylated lead
compounds; polycyclic organic matter; hexachlorobenzene; mercury;
polychlorinated biphenyls; 2,3,7,8-tetrachlorodibenzofuran; and, 2,3,7,8-
tetrachlorodibenzo-p-dioxin. By November 1995, EPA must publish a list of the
source categories and subcategories that are to be regulated by November 2000.

Area source regulations -- The 1990 amendments require EPA to list each
category or subcategory of area sources which presents a threat of adverse effects
to human health or the environment (by such sources individually or in the
aggregate). EPA must regulate area sources that account for at least 90 percent of
the area source emissions of the 30 HAPs posing the greatest threat to public
health in the largest number of urban areas. By November 1995, EPA must list
the area source categories and subcategories that are to be regulated by
November 2000.

18


HIGHLIGHT 4

Source Categories for which NSPSs Have Been Promulgated*

Fossil-Fuel Fired Steam Generators (D)

Industrial-Commercial-Institutional
‘Steam Generating (Da)

Electric Utility Steam Generating (Db)
Incinerators (E)

Municipal Waste Combustors
(Ca, Ea)

Portland Cement Plants (F)
Nitric Acid Plants (G)

Sulfuric Acid Plants (H)
Asphalt Concrete Plants (I)
Petroleum Refineries (J)
Petroleum Storage Vessels (K)
Secondary Lead Smelters (L)

Secondary Brass and Bronze
Production Plants (M)

Primary Emissions from Basic Oxygen
Process Furnaces (N)

Secondary Emissions from Basic
Oxygen Process Steelmaking (Na)

Sewage Treatment Plants (O)
Primary Copper Smaiters (P)
Primary Zinc Smelter (Q)

Primary Lead Smelters (R)
Primary Aluminum Reduction (S)
Wat Process Phosphoric Acid (T)
‘Superphosphoric Acid (U)
Diammonium Phosphate Plants (V)

Triple Superphosphate Plants (W)

Granular Triple Superphosphate
‘Storage (x)

Coal Preparation Plants (Y)
Ferroalloy Production (Z)

Steel Electric Arc Furnaces (AA)
Kraft Pulp Mills (BB)

Glass Manufacturing (CC)

Grain Elevators (DD)

‘Surface Coating of Metal Furniture (EE)
Stationary Gas Turbines (GG)

Lime Manufacturing (HH)

Lead Acid Battery Manufacturing (KK)
Metallic Mineral Processing (LL)
Auto/Light-Duty Truck Coating (MM)
Phosphate Rock Plants (NN)
Ammonium Sulfate Manufacture (PP)
Publication Rotogravure Printing (QQ)

Pressure Sensitive Tape and Label
‘Surface Coating (RR)

Industrial Surface Coating: Large
Appliances (SS)

Metal Coll Surface Coating (TT)

‘Asphalt Processing and Roofing
Manufacturing (UU)

Fugitive VOC Emissions in Synthetic
Organic Chemicals
Manufacturing (VV)

Beverage Can Surface Coating (WW)

Bulk Gasoline Terminals (XX)
Residential Wood Heaters (AAA)
Rubber Tire Manufacturing (BBB)

VOC Emissions from Polymer and
Resin Manufacturing (DDD)

Flexible Vinyl and Urethane Coating
and Printing (FFF)

Equipment Leaks of VOC in Petroleum
Refineries (GGG)

‘Synthetic Fiber Production (HHH)
VOC Emissions from Synthetic Organic
Chemical Manufacturing Industry Air
Oxidation Process Units (1!)

Petroleum Dry Cleaners (JJJ)

Equipment Leaks of VOC from Onshore
Natural Gas Processing (KKK)

‘SO, Emissions from Onshore Natural
Gas Processing (LLL)

VOC Emissions from Synthetic Organic
Chemical Manufacturing Industry
Distillation Operations (NNN)

Nonmetallic Mineral Processing
(000)

Wool Fiberglass Insulation
Manufacturing (PPP)

VOC Emissions from Petroleum
Refinery Wastewater Systems (QQQ)

Magnetic Tape Coating (SSS)

Industrial Surface Coating: Plastic Parts
for Business Machines (TTT)

Polymetric Coating (VVV)

“The letters in parentheses following each source category are the applicable subparts of 40 CFR Part 60

containing the NSPS.
(Source: 40 CFR Part 60)

10



HIGHLIGHT 3
Summary of NAAQSs

CRITERIA PRIMARY SECONDARY AVERAGING
POLLUTANT STANDARDS STANDARDS TIME
—
.
Carbon Monoxide 9 ppm None 8-hour*
35 ppm None 1-hour
Lead 1.5 g/m? Same Quarterly
Nitrogen dioxide 0.53 ppm Same Annual
(Arithmetic mean)
Particulate Matter 50 g/m? Same Annual
PM,” (Arithmetic mean)®
150 g/m? Same 24-hour4
Ozone 0.12 ppm Same 1-hour*
Sulfur Dioxide 0.03 ppm None Annual (Arithmetic
mean)
0.14 ppm None 24-hour*
None 0.5 ppm 3-hour*

* Not to be exceeded more than once in any consecutive 8-hour period per year.
> PMyo is the designation for particulate matter in the atmosphere that has an aerodynamic diameter
of 10 m or less.

° The standard is attained where the expected annual arithmetic mean concentration, as determined
in accordance with Appendix K (see 52 FR 24667, July 1, 1987), is less than or equal to 50
3

4 The standard is attained when a 24-hour average concentration above 150 g/m ? occurs no more
than one day per calendar year.

* The standard is attained when a maximum hourly average concentration above 0.12 ppm occurs
no more than one day per calendar year.

(Source: 40 CFR Part 50 and Guidelines for the Interpretation of Air Quality Standards, OAQPS
No.1.2-008, Rev. 1977)

pollutant is called a control strategy.

States have discretion in determining the combination of emission controls for all
sources necessary to meet the NAAQS for each criteria pollutant. In general, however,

7


IV. NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQSs)

For each criteria pollutant, EPA must establish primary and secondary NAAQSs.
These NAAQSs specify the maximum concentration of the pollutant which is to be permitted
in the ambient air, as averaged over a specified time period. One of the major objectives of
the CAA is the attainment of primary NAAQSs as expeditiously as practicable, but no later
than a statutory deadline. The deadline varies with the pollutant involved, the severity of
the nonattainment, and the availability and feasibility of pollution control measures. For
pollutants other than ozone, the deadline ranges from 5 to 10 years after an area has been
designated as being in nonattainment. For ozone, the deadline ranges from 1993 to 2010.
(See Sections 172 and 181 of the CAA). Secondary NAAQSs are to be attained as
expeditiously as practicable, but no deadline is specified in the CAA.

Primary standards are designed to protect the public health with an adequate margin
of safety. The standards are set at levels that will protect both the healthy population and
sensitive populations, such as individuals with pre-existing health conditions that may be
complicated by excessive pollution. Under the statute, EPA may not consider technological
feasibility and cost of compliance in setting primary NAAQSs.

Secondary standards protect the public welfare from any known or anticipated
adverse effects of a pollutant. They are designed to protect against not only adverse effects
on soil, water, crops, vegetation, animals, property, and visibility, but also any impacts on
personal comfort and well-being. Secondary NAAQSs are the same as or more stringent than
primary standards.

To date, EPA has established NAAQSs for six criteria pollutants (see 40 CFR Part 50),
which are summarized in Highlight 3. EPA reviews NAAQSs at 5-year intervals and decides
whether to update them. At present, EPA plans to propose more stringent NAAQSs for lead.
Although NAAQSs form the basis for all regulations promulgated under the CAA, they are
not enforceable in and of themselves. Rather, it is the emission standards, which are
promulgated to attain the NAAQSs, that are directly enforceable and are potential ARARs.

Although NAAQSs are never ARARs, they may be used as other criteria or guidelines
to be considered. on an appropriate basis. This could include instances in which a
SIP does not address an emission that is determined to be a health threat. As with all TBCs,
the usage of NAAQSs must be justified on the basis that the public health or the
environment needs to be protected.

Under Section 110 of the CAA, each State has primary responsibility for assuring air
quality within its geographic area. Through a State Implementation Plan, the State
establishes a program for regulating stationary and mobile sources that will achieve and
maintain the NAAQSs. SIPs include emissions standards, monitoring, recordkeeping,
enforcement, and other measures (e.g., economic incentives). The emissions standards and
monitoring requirements are substantive requirements and are potential ARARs. The

re eping, enforcement and other measures are administrative requirements and are not
potential ARARs. In developing its SIP, each State determines what categories of sources are

responsible for nonattainment of NAAQSs. It then determines how much the emissions must
be reduced by these source categories in order to attain the NAAQSs. The combination of
emission standards and other measures that the State establishes to control a specific

6


® Radionuclide emissions -- EPA is not required to promulgate standards for
radionuclide emissions from source categories licensed by the Nuclear Regulatory
Commission (NRC) if EPA determines that the NRC regulatory program provides
an ample margin of safety to protect public health. States may adopt or enforce
standards that are more stringent.

IX. TITLE V OPERATING PERMITS

The 1990 amendments, for the first time, require every major source (and certain other
sources) regulated under the CAA to obtain an operating permit. States will develop the
permitting programs in accordance with guidance from EPA (see Sections 501 and 502 of the
CAA). EPA must review, and either approve or disapprove, the States’ programs. CERCLA
on-site actions are not subject to the administrative procedures and permit requirements.

will hav mply with any substantive standards ‘iated with the permit

programs that are determined to be ARARs. Such standards will be carried out through the
Record of Decision (ROD) for the site, rather than through a permit.

X. AIR EMISSION STANDARDS UNDER THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA)

Regulations under RCRA address air pollutant emissions from several activities that
may occur at CERCLA sites (e.g., incineration and air stripping). These RCRA regulations

may be potential ARARs.

Regulations for air pollutant emissions from hazardous waste incinerators are set forth
in 40 CFR Part 264, Subpart O. Performance standards were promulgated for emissions of
principal organic hazardous constituents (POHCs) in the waste feed, hydrogen chloride and
particulate matter. EPA has proposed amendments to these regulations (see 55 FR 17862 to
17921, 27 April 1990). These proposed rules would establish a more stringent performance
standard for hydrogen chloride. They would also establish performance standards for toxic
metals and for products of incomplete combustion (PICs). As of the date of the publication
of this Fact Sheet, the proposed rules have not been promulgated, and thus are not potential
ARARs until they are promulgated. However, they may constitute guidance TBC, if justified,
on the record on a site-specific basis.

OSWER Directive 9347.0-1 (Interim RCRA/CERCLA Guidance on Non-Contiguous Sites
and On-Site Management of Waste and Treatment Residue) provides the following information
about limitations on the construction of hazardous waste incinerators for on-site CERCLA
use:

If an incinerator is to be constructed for on-site remedial action, there should
be a clear intent to dismantle or remove the unit after the CERCLA action is
completed. Dismantling or removal should be a part of the remedy presented
in the ROD and funds should be included in the financial or contractual
documents. Should there be plans to accept commercial waste at the facility
after the CERCLA wastes have been treated or destroyed, it is EPA policy that
a RCRA permit be obtained before the unit is constructed.

19


been adequately demonstrated for that category of sources" (see Section 111 of the CAA).
EPA may define BDT as an emissions limit or rate (ie., a specified number of pounds per
hour) or, where the setting of a limit is not feasible, as a design, equipment, work practice, or
operational standard that reflects the “best technological system of continuous emission
reduction.”

To date, EPA has promulgated NSPSs for over 50 categories of sources, as shown in
Highlight 4. At present, the NSPS source categories coincide with only a few of the air

pollutant emission sources typically found at CERCLA sites. Thus, the NSPSs are not usually
considered “applicable” to CERCLA activities. However, they may be “relevant and
appropriate" if the pollutant emitted and the technology employed during the cleanup action
are sufficiently similar to the pollutant and source category regulated by an NSPS that they
are well-suited to the circumstances of the release at the CERCLA site. This is a site-specific
determination based on the eight factors in the NCP (see 40 CFR Part 300.400 (g)(2)).

EPA has proposed a NSPS for air pollutant emissions from new municipal solid waste
(MSW) landfills (see 56 FR 24468 to 24528, May 30, 1991). A MSW landfill is defined as an
entire disposal facility in a contiguous geographical space where household waste is placed
on or in land. A MSW landfill may receive other types of waste as well. The proposed
Subpart WWW to 40 CFR Part 60 would establish a performance standard for nonmethane
organic compounds (NMOCs) emissions from MSW landfill gases. A control device would
then be used to reduce the NMOCs in the collected gas by 98 weight percent. For CERCLA

municipal landfill remediations, these requirements would be potential ARARs for Records

of Decision (RODs) signed after the rule’s promulgation. . Until these requirements are
promulgated, they are TBCs.

A NSPS for particulate matter emissions from municipal incinerators has existed since
1971. However, the 1990 amendments to the CAA require EPA to establish additional
performance standards for new and existing solid waste incinerator units (see Section 129 of
the CAA). Such units include MWCs, medical waste incinerators, infectious waste
incinerators, and industrial waste incinerators. The CAA specifies that numerical emission
limitations be promulgated for particulate matter, opacity, sulfur dioxide, hydrogen chloride,
nitrogen oxides, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.

Under Subpart Ea of 40 CFR Part 60, EPA promulgated performance standards for
emissions from new MWC plants with capacities greater than 250 tons per day of municipal
solid waste or refuse-derived fuel. The regulated pollutants are nitrogen oxides and MWC
emissions. The latter is a composite pollutant consisting of condensible metals associated
with particulate matter, organics (i.e., dioxins and furans), and acid gases (ie., sulfur dioxide
and hydrogen chloride). Carbon monoxide emission limitations are specified as part of
"good combustion practice" requirements.

Similar emission guidelines for existing MWC plants with capacities greater than 250
tons per day of municipal solid waste or refuse-derived fuel were promulgated under
Subpart Ca of 40 CFR Part 60. States are required to develop emission standards based on
these guidelines. These emission standards may be less strict than the NSPSs, but they
cannot be less stringent than the average emission limitations achieved by the best-
performing 12 percent of existing MWC plants.


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United States Office of Publication 9234.2-22FS
Environmental Protection Solid Waste and September 1992
Agency Emergency Response

SEPA ARARs Fact Sheet

Compliance with the Clean Air Act and
Associated Air Quality Requirements

Office of Emergency and Remedial Response
Hazardous Site Control Division 5203G Quick Reference Fact Sheet

Section 121(d) of CERCLA, as amended by the 1986 Superfund Amendments and
Reauthorization Act (SARA), requires that on-site remedial actions must attain or waive
Federal and more stringent State applicable or relevant and appropriate requirements
(ARARs) for environmental protection and facility siting, upon completion of the remedial
action. The revised National Oil and Hazardous Substances Pollution Contingency Plan
(NCP) requires compliance with ARARs during remedial actions as well as at completion,
and compels attainment of ARARs during removal actions to the extent practicable,
considering the exigencies of the situation. (See 40 CFR Parts 300.415(i) and 300.435(b)(2) and
55 FR 8666 to 8865, March 8, 1990.)

To implement the ARARs provisions, EPA has developed guidance, CERCLA
Compliance With Other Laws Manual: Parts I and II (EPA Publications EPA/540/G-89/006 and
EPA/540/G-89/009), and has provided training to Regions and States on the identification of
and compliance with ARARs. This ARARs Fact Sheet is one of the numerous guidance
documents that address questions that arose in developing ARARs policies, in ARARs
training sessions, and in identifying and complying with ARARs at specific sites. (See
Compendium of CERCLA ARARs Fact Sheets and Directives [EPA Publication 9347.3-15] and, in
particular, Control of Air Emissions from Superfund Air Strippers at Superfund Groundwater Sites
[OSWER Directive 9355.0-28]).

This Fact Sheet provides updated guidance on compliance with the Clean Air Act, as
amended November 1990 (42 U.S.C. 7401 et. seq.) and related air quality rules under other
environmental statutes. It addresses statutory and regulatory changes that have occurred
subsequent to the publication of the above-cited Compliance Manual. It also includes a chart
that summarizes which air quality requirements may be potential ARARs for CERCLA
response actions or cleanup technologies (see Attachment 1 on pages 23 and 24). In addition,
there are Air/Superfund Coordinators in each EPA regional office who can provide further
assistance concerning these requirements (see Highlight 1).


amendments, the emissions threshold for determining a major source in nonattainment areas
was changed for certain cases. As discussed below, the threshold for certain emissions now
varies according to the severity of the nonattainment. Additionally, the amendments
tightened emission offsets according to the severity of the nonattainment.

The cornerstone of the nonattainment requirements is a classification system for
designating major sources, which must meet LAER. In general, the emissions threshold for a
major source may be 100 tons per year for areas that have not attained the NAAQS. The
emissions threshold may be lower for volatile organic compounds (VOCs) and oxides of
nitrogen (NO,) in areas that have not attained the ozone NAAQS. The threshold varies with
the severity of the nonattainment. As the severity of nonattainment increases, smaller and
smaller sources become subject to regulation, and new sources must meet more stringent
offset requirements (see Highlight 5, showing emissions thresholds and offset ratios for VOCs
and NO,). States may set even more stringent emissions thresholds and offset ratios than
those in the CAA.

HIGHLIGHT 5
Emission Thresholds and Offset Ratios for Nonattainment Areas
CLASSIFICATION OF | EMISSIONS THRESHOLD | VOC AND NO,
NONATTAINMENT AREA (tons per year) OFFSET RATIO"
Marginal 100 1.1 to1
Moderate 100 1.15 to 1
Serious 50 12tol
Severe 25 1.3 to1
Extreme 10 15 tol

* The ratio of total emissions reductions to total increased emissions.

(Source: 40 CFR 52.21(b)(4))

The 1990 CAA amendments also changed the emissions threshold for determining a
major source of carbon monoxide or PMyg in nonattainment areas. The carbon monoxide
threshold is 50 tons per year for areas with "serious, severe, or extreme" nonattainment
classifications. The PM,) threshold is 70 tons per year for areas with "serious, severe, or
extreme” nonattainment classifications (see Sections 186 through 190 of the CAA).

In general, States establish emission standards for existing sources in the process of
preparing their SIPs. Under the 1990 amendments, EPA is requiring more stringent emission
standards in areas with "moderate" or more serious ozone nonattainment classifications (see
Section 182 of the CAA). The following requirement now applies for existing sources in such
areas:

12


EPA plans to propose performance standards for MWC emissions from MWC plants
with capacities equal to or less than 250 tons per year of pollutants. It also plans to propose
performance standards for cadmium, lead, and mercury emissions for new MWC plants that
emit more than 250 tons per year of pollutants.

Vi. REQUIREMENTS FOR NONATTAINMENT AREAS

The 1970 CAA amendments made no provision for allowing new source construction
in areas that had not attained NAAQSs. EPA developed an "emissions offset" policy to
permit such industrial growth in such areas while making reasonable further progress
toward attainment. Congress subsequently added this policy to the CAA (see Sections 171
through 178 of the CAA). When applying for permission to construct a new source in a
nonattainment area, an applicant must enter into enforceable State agreements with owners
or operators of existing sources to ensure that there is a net decrease in emissions in the area.
Under these agreements, existing sources must reduce their emissions above and beyond that
which would otherwise be required for them to offset the anticipated new emissions from the
proposed new source. The sources would thus demonstrate progress toward attainment of
NAAQSs. Major new sources in nonattainment areas have to meet the following
requirements under the emissions offset policy:

@® New source review/preconstruction permit, for construction or modification of
any major source.

@ Air quality impact analysis, to demonstrate that the proposed new source or
modification would not cause or contribute to a projected degradation in pre-
existing air quality beyond the allowance permitted by the nonattainment portion
of the SIP.

® Emission offsets, to obtain emission reductions from existing sources in an
amount greater than the estimated new emissions.

@ Lowest achievable emission rate (LAER), a technology-based standard that is
either (a) the most stringent emissions limitation contained in any SIP for that
category of source, or (b) the most stringent emissions limitation which is
achieved in practice for that category of source. It cannot be less stringent than
any applicable NSPS. LAER is set on a case-by-case basis during the
preconstruction permit review. EPA’s Office of Air Quality Planning and
Standards (OAQPS) maintains a clearinghouse which contains information on
pollution control technology. Air/Superfund Coordinators in each Region can
provide assistance in utilizing the clearinghouse.

In 1990, ninety-six cities and other areas continued to have ozone levels that at times
exceed the NAAQSs. Forty-one areas had carbon monoxide levels that exceed the NAAQSs.
Based on limited data, EPA has estimated that about 70 areas have PMyp levels that do not
meet the NAAQSs. This failure to attain NAAQSs prompted stringent new nonattainment
requirements in the 1990 amendments (see Sections 181 through 185 of the CAA).

Prior to 1990, any stationary source with a potential to emit 100 tons per year or more
of any regulated pollutant was considered to be a major source. Under the 1990 CAA

11


standards set for stationary and mobile sources must be at least as stringent as any EPA has
promulgated. With certain exceptions, State standards may be more stringent and may cover
additional source categories.

The State must submit the SIP to EPA for review and approval. Any substantive

requirements embodied in a SIP, including locally promulgated ordinances that the State has

incorporated into the SIP, are Federally enforceable and are thus potential ARARs. In some
circumstances, if the SIP is inadequate or if the State fails to submit one, EPA must

promulgate a Federal Implementation Plan (FIP), which is Federally enforceable.

The requirements for new sources of air pollutant emissions differ from the
requirements for existing sources. Also, sources in areas that have not attained NAAQSs are
subject to different standards than sources in attainment areas. Moreover, a CERCLA site
may be in an area which has attained one NAAQS and which has not attained another
NAAQS. Therefore, a source at some CERCLA sites, may have to meet both nonattainment
and attainment provisions of the CAA. More information on this issue appears below in
Sections VI and VIL.

Vv. NEW SOURCE PERFORMANCE STANDARDS (NSPSs)

NSP$s are nationally uniform emission standards for major new stationary sources,
particularly for industrial source categories (see Section 111 of the CAA). EPA’s goal in
promulgating these standards is to ensure that new sources and major modifications to
existing sources are designed, built, equipped, operated, and maintained in a way that
permits emissions to be controlled in a manner that considers both the best demonstrated
technology (BDT) and economic feasibility. Because these standards are uniform across the
Nation, they prevent new sources from being located selectively in areas with less stringent
air pollution control regulations.

Section 111 of the CAA requires that EPA publish and periodically revise a list of
categories of major stationary sources that cause, or contribute significantly to, air pollution
that may be reasonably anticipated to endanger public health or welfare. These categories
are listed at 40 CFR, Part 60. The CAA further requires that EPA promulgate NSPSs for
these categories by a statutory deadline that the 1990 amendments extended to November
1996.

The process of promulgating NSPSs sometimes results in the indirect designation of
particular air pollutants for control under these standards. Four air pollutants have been
designated under NSPSs in addition to air pollutants for which air quality criteria documents
have been issued. The four "designated pollutants" are fluorides, sulfuric acid mist, total
reduced sulfur, and municipal waste combustor (MWC) emissions. MWC emissions are a
composite pollutant, comprised of organics, acid gases, and metals. Section 111(d) of the
CAA requires that EPA promulgate emissions guidelines for existing sources of designated
pollutants. The States must establish standards of performance based on these guidelines.

The NSP$Ss are based on BDT, which is the "degree of emission reduction achievable
through the application of the best system of continuous emission reduction which (taking
into consideration the cost of achieving such emission reduction, and any non-air quality
health and environment impact and energy requirements) the Administrator determines has

8


XII. ADDITIONAL MATERIAL ON THE CLEAN AIR ACT

The following is a partial list of additional material concerning the Clean Air Act and
the 1990 amendments:

@ The Clean Air Act Amendments of 1990: Summary Materials. U.S. EPA,
November 15, 1990 (20 pages; includes glossary, one page title summaries, and
legislative chronology. Available from U.S. EPA--Office of Air and Radiation,
Mail Code ANR-443, 401 M. Street, S.W., Washington, DC. 20460, (202) 260-7400.

@® Clean Air Act Amendments of 1990: Detailed Summary of Titles. U.S. EPA,
November 30, 1990 (Approximately 150 pages; includes a detailed summary for
each title). Available from U.S. EPA--Office of Air and Radiation).

@® CERCLA Compliance with Other Laws Manual: Part II. Clean Air Act and Other
Environmental Statutes and State Requirements, U.S. EPA Publication No. EPA-
540/G-89-009, 1989. Available from National Technical Information Service, 5285
Port Royal Road, Springfield, VA. 22161, (703) 487-4600.

®@ Self-instructional Course on Air Pollution Control Orientation. (SI:422) Available
from U.S. EPA--Air Pollution Training Institute, Environmental Research Center,
Mail Code MD17, Research Triangle Park, NC. 27711, (919) 541-2497.

a ee?

NOTICE: The policies set out in this Fact Sheet are not final Agency action but
are intended solely as guidance. They are not intended, nor can they be relied
upon, to create any rights enforceable by any party in litigation with the United
States. EPA officials may decide to follow the guidance provided in this Fact
Sheet, or to act at variance with the guidance, based on an analysis of site-specific
circumstances. The Agency also reserves the right to change this guidance at any
time without public notice.

22


SEPA
United States
Environmental Protection

Agency (5203G)
Washington, DC 20460

Official Business
Penalty for Private Use
$300

TREF-008a TECHNICAL REFERENCE

ARARs Fact Sheet
Compliance with the Clean Air
Act and Associated Air Quality
Requirements

SUPERFUND September, 1992


HIGHLIGHT 2
Major Titles of the Clean Air Act Amendments of 1990

TITLEI Addresses new requirements for areas that have not attained National Ambient Air
Quality Standards.

TITLE II Covers mobile sources such as automobiles, trucks, and aircraft.

TITLE II Addresses hazardous air pollutants, maximum achievable control technology (MACT)
regulations, solid waste combustion, residual risks, accidental releases, and other issues.

TITLE IV Addresses acid deposition control and electric utility emissions of sulfur dioxide and
oxides of nitrogen.

TITLE V_ Covers operating pemnits for stationary sources and establishing an operating permit
program.

TITLE VI Addresses stratospheric ozone by phasing out ozone-depleting substances.

In general, a State can select any combination of emission standards and compliance
timetables for existing air pollution sources as long as it can demonstrate that this
combination would result in attainment of the NAAQSs. However, Sections 111 and 112 of
the CAA specify that EPA (rather than the States) must establish two classes of national
emission standards. The first class is New Source Performance Standards (NSPSs), which are
emission standards for new and modified stationary sources categorized by EPA as
contributing significantly to air pollution. The second class is National Emission Standards
for Hazardous Air Pollutants (NESHAPs), which regulate air pollutants to which no ambient
air quality standard is applicable and which may contribute to increases in mortality or in
serious or incapacitating illness. These two classes of emission standards are discussed in
Sections V and VII of this Fact Sheet.


contribute to violations of the NAAQS or exceedances of the PSD increments for
sulfur dioxide, nitrogen dioxides, and particulates (see 40 CFR Part 52.21(c)).

® The ban on impairment of visibility or adverse impacts on soils or vegetation, or
air quality-related values of certain wilderness areas and national parks.

In general, PSD requirements for major new sources in an attainment area will
constitute potential ARARs for response actions (e.g., incineration, air stripping, soil vapor
extraction) that could affect air quality at CERCLA sites. When deemed to be ARARs, PSD

juirements_ should be addr in the investigation, ning, and design decision
documents (including the scope of work for investigation, ords of Decision, and Action

Memoranda).
Vill. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Prior to the 1990 amendments, Section 112 of the CAA required EPA to set nationally
uniform National Emission Standards for Hazardous Air Pollutants (NESHAPs). These
standards addressed both new and existing sources, and were oriented toward particular
hazardous pollutants at their point of emission from specific sources (e.g., inorganic arsenic
emissions from glass manufacturing plants). A hazardous air pollutant (HAP) under the old
statute is an air pollutant for which no NAAQS exists and which causes or contributes to air
pollution that may reasonably be anticipated to result in an increase in mortality or serious
illness. EPA designated eight pollutants as hazardous (see Highlight 6) and issued standards
for all except coke oven emissions (which have been addressed specifically by the 1990
amendments). The Agency also listed 25 other pollutants, which it preliminarily assessed as
HAPs.

EPA was required by a court decision to first

determine the maximum amount of a HAP beyond HIGHLIGHT 6
which adverse health effects may take place and was Hazardous Air Pollutants
then required to set an ample margin of safety below Under Old CAA

that level to protect the public health. Once the safe
level was set, EPA could then consider costs and

Asbestos
technical feasibility in establishing the NESHAPs. Benzene
Design, work practice, equipment, or operational Beryllium

standards were substitutes for emission standards
when the latter were not feasible to prescribe or
enforce. Regulations for HAPs are found in 40 CFR

Coke oven emissions*
Inorganic arsenic

Mercury
Part 61. Previously promulgated NESHAPs remain Radionuclides
in effect unless and until superseded by new Vinyl chloride
regulations.
* Listed but not yet regulated
Th for asbestos is an example of a

potential ARAR. Emissions of asbestos fibers are
regulated under Subpart M of 40 CFR Part 61. This
regulation includes requirements for inactive waste disposal sites for asbestos mills and
manufacturing and fabricating operations, for active waste disposal sites, and for waste
disposal for demolition and renovation operations. It does not include requirements for
inactive waste disposal sites for demolition and renovation operations. Therefore, the

15


amendments give discretionary authority to EPA to lower the emissions threshold
for designating a major source. This EPA decision would be based on the
potency of the air pollutant, persistence, potential for bioaccumulation, other
characteristics of the air pollutant, or other relevant factors. Smaller stationary
sources of HAPs, whose emissions are less than the threshold, are called "area"
sources. Some area sources are also regulated, as discussed below.

@ Technology-based standards -- For all source categories that emit HAPs, EPA
must develop Maximum Achievable Control Technology (MACT) standards.
EPA must promulgate these emission standards for 40 source categories by
November 1992 and must complete rulemaking for all source categories by
November 2000 (see Highlight 7). MACT standards are applicable to both new
and existing sources within a source category. In determining MACT standards,
the Agency may consider cost, non-air quality health and environmental impacts,
and energy requirements. However, MACT standards for new sources must not
be less stringent than the emission control achieved in practice by the best
controlled similar source. In general, MACT standards for existing sources must
be as stringent as the average control efficiency of the best-controlled 12 percent
of similar sources. EPA usually will promulgate numerical emission limitation
(ie., a certain number of pounds per hour), but may instead elect to establish a
work practice. For area sources, EPA may substitute generally available control
technology or management practices (GACT) in the place of MACT standards.

HIGHLIGHT 7
MACT Standards Rulemaking Schedule
DEADLINE AFTER

EPA SOURCE CATEGORIES ENACTMENT
At least 40 categories /subcategories 2 years (November 1992)
Coke oven batteries December 1992
25 percent of listed categories/subcategories 4 years (November 1994)
50 percent of listed categories/subcategories 7 years (November 1997)
100 percent of listed categories/subcategories 10 years (November 2000)

(Source: Section 112(e) of CAA)

For many CERCLA sites with a source in a regulated category, the MACT
standards will be potential ARARs. To determine whether the MACT standards
actually are ARARs, EPA will determine whether the site does or will include any
regulated source categories and whether those sources emit or have the potential
to emit HAPs. At sites with regulated stationary sources, the next decision is
whether the CERCLA source meets the CAA definition of a major source. If so,

17


@ Required control measures including emissions limitations and emissions offsets.
Under the NCP, the State is responsible for identifying its potential ARARs,
including those that address air pollutant emissions. The Air/Superfund
Coordinator in the Regional Office can be of assistance.

@ Baseline emission estimates at the site and estimated (i.e., modelled) air pollutant
emissions associated with site investigation activities, construction of the remedy,
and subsequent operation and maintenance of the remedy. The Air/Superfund
Coordination program has developed the technical guidance to assist CERCLA
site decisionmakers conducting air pathway analyses. Further information about
the guidance can be obtained from the Air/Superfund Coordinator, who also can
arrange for assistance in modelling emissions from proposed remedies.
Superfund Regional Toxics Integration Coordinators will help in assessing the
risk associated with those estimated emissions.

These points are discussed in greater detail in the remaining sections of this Fact
Sheet.

I. OVERVIEW OF THE CLEAN AIR ACT

The CAA was derived from the Air Pollution Research and Technical Assistance Act
of 1955 (Public Law 84-159). The CAA was first enacted in 1963 and was subsequently
amended in 1965, 1967, 1970, 1977, and most recently in 1990. The 1990 amendments to the
CAA contain the major titles shown in Highlight 2. This Fact Sheet will explicitly refer to the
1990 amendments when they have substantially altered the requirements of the CAA with
respect to actions under CERCLA.

One purpose of the CAA is “to protect and enhance the quality of the Nation’s air
resources so as to promote the public health and welfare and the productive capacity of its
population." The CAA provides the statutory framework within which EPA, the States, and
localities will jointly attain this objective. It gives to EPA the task of establishing national
standards for ambient air quality. The States are then obligated to implement, maintain, and
enforce these standards.

Under Section 108 of the CAA, EPA has published a list of air pollutants whose
emissions cause or contribute to air pollution that may reasonably be anticipated to endanger
the public health or welfare. EPA is required to publish and periodically revise air quality
criteria documents reflecting the latest scientific knowledge on the effects of these pollutants
on public health and welfare. The term "criteria pollutants" is derived from these documents.
Section 109 directs EPA to publish National Ambient Air Quality Standards (NAAQSs) for
the criteria pollutants. These standards are discussed further in Section IV of this Fact Sheet.

The primary mechanism for attaining the NAAQSs is the State Implementation Plan
(SIP), which each State must develop, adopt, and submit to EPA for approval under Section
110 of the CAA. The SIP must contain air pollutant emission standards, timetables for
compliance with such standards, and any other measures necessary to attain and maintain
the NAAQSs. Emission standards, which concern the amounts of air pollutants emitted by
pollution sources, differ from ambient air quality standards, which concern the quality of the
atmosphere external to buildings to which the public has access.

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|. AIR QUALITY AT CERCLA SITES
HIGHLIGHT 1

CERCLA sites are potential sources of air Air/Superfund Coordinators
pollutant emissions that can affect public health or
welfare, and the natural environment. These air OAQPS (FTS/919) 541-5569
pollutant emissions may be present before and/or OERR (FTS/703) 603-9035
during the response action (e., the removal or REGION 1 (FTS/617) 565-3280
remedial action), or during the operation and REGION 2 (FTS/212) 264-9868
maintenance of the response action. Dozens of air REGION 3 (FTS/215) 597-9134
pollutants have been documented at CERCLA REGION 4 (FTS/404) 347-2864
sites. They include volatile and semi-volatile REGION 5 (FTS/312) 886-9401
organics, particulate matter, heavy metals, and REGION 6 (FTS/214) 655-7223
acids. The National Technical Guidance (NTG) REGION 7 (FTS/913) 551-7603
developed by the Air/Superfund Coordination REGION 8 (FTS/303) 293-0969
process has focussed its concern for the air REGION 9 (FTS/415) 744-1086
pathway on those contaminants that are ozone REGION 10 — (FT'S/206) 553-4198
precursors and/or hazardous air pollutants.

Specific information about ozone precursors and
hazardous air pollutants appears below in Sections
VI and VIII of this Fact Sheet.

The specific combination of contaminants at a particular CERCLA site depends upon
the uncontrolled sources at the site, the selected treatment technology, and the residual
materials at the completion of the response action. Landfills, lagoons, contaminated soil, and
leaking drums are examples of uncontrolled sources of airborne contaminants at
unremediated CERCLA sites. Equipment used during the cleanup process (i.e., remedial
investigation, removal action, or construction of a selected remedy) may emit air pollutants.
Examples of such equipment are soil handling operations, air strippers, on-site incinerators
and solidification/stabilization processes. Residual emissions may continue after the selected
remedy is constructed.

The Clean Air Act (CAA) is the primary Federal legislation for protecting air quality.
EPA also promulgates air pollutant emission regulations for solid and hazardous waste
management units under the Resource Conservation and Recovery Act (RCRA), and States
often establish additional or more stringent standards. Substantive standards established by
any of these regulations may be potential ARARs for CERCLA sites.

In order to identify whether CAA requirements are potential ARARs and then to
determine whether they are either "applicable" or "relevant and appropriate," CERCLA site
decisionmakers may need to know the following:

© Air quality designation of the site’s location (i.e., attainment, nonattainment,
unclassified, or transport) for each National Ambient Air Quality Standard
(NAAQS). This information is published periodically in the Federal Register and
also may be obtained from the Air/Superfund Coordinator in each Region .

®@ Classification of each designated nonattainment area (i.e., marginal, moderate,

etc.). This information is published in the Federal Register and also may be
obtained from the Air/Superfund Coordinator in each Region.

2


© Reasonably available control technology (RACT) for existing sources are set by
States based on EPA-issued Control Technique Guidelines (CTG). RACT is
defined as devices, system process modifications, or other apparatus or
techniques that are reasonably available taking into account (1) the necessity of
imposing such controls in order to attain the NAAQSs, (2) the social, economic,
and environmental impact of such controls, and (3) alternative means of
providing for attainment. The CTGs are guidelines and the States have final
determination responsibility. For source categories that have no CTG, the States
must determine RACT on a case-by-case basis or by source category. EPA
already has published 28 CTGs and is required to publish over one dozen more
by November 1993. Information on RACT is available from OAQPS’ pollution
control technology clearinghouse with the assistance of the Air/Superfund
Coordinators in each Region.

The 1990 amendments introduced the concept of “ozone transport region," which is a
region in which ozone nonattainment may result not only from local sources of emissions,
but also from the long-distance transport of ozone precursors (i.e, VOC and NO,) from
distant sources. The amendments establish a transport corridor of 11 States in the Northeast
(i.e, CT, DE, MA, ME, MD, NH, NJ, NY, PA, RI, VT), the District of Columbia, and Northern
Virginia. EPA has the authority to designate additional transport areas but has not done so
yet. When VOC sources located in these transport areas have emissions in excess of 50 tons
per year, they must meet the control requirements described above for major VOC sources in
moderate ozone nonattainment areas. (See Section 184 of the CAA.)

The implications of nonattainment provisions for CERCLA sites are complicated.
First, the lead agency must determine whether the site, or specific activities at the site, qualify
as existing or new sources under the CAA. For new sources, the next determination is
whether or not the source qualifies as a major source. Since all major new sources must meet

LAER, LAER will be “applicable” for any CERCLA site which meets the CAA definitions of
major and new. Even if the site is not a major source, LAER may be “relevant and
appropriate." In cases where the site, or specific activities at the site, meet the definition of
an existing source, RACT (as embodied in State regulations) may also constitute an ARAR.

ERCLA response actions are not subject to administrative procedures and permit
requirements. They will have to comply with any substantive standards associated with the
nonattainment regulations.

13


NESHAP will not be "applicable" to the cleanup of an inactive waste disposal site unless it
was owned or operated by an asbestos mill, manufacturer or fabricator, or contained waste
from such sources. However, the regulation may be “relevant and appropriate" to the control
of asbestos fiber emissions at an inactive waste disposal site for demolition and renovation
operations because the situation may be sufficiently similar.

The 1990 amendments significantly revamp th ion 112 approach t HAPs
n_301 of the 1990 CAA amendments). Key provisions of the amendments, which

May create new ARARs, are:

@ Redefinition HAPs -- The 1990 amendments redefined HAPs as those listed
specifically as such by the amendments or by subsequent rulemaking. These
pollutants present, or may present, a threat of adverse human health effects or
adverse environmental effects. 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.

® Statutory HAPs -- The 1990 amendments replaced EPA’s 8 designated HAPs and
25 preliminarily assessed HAPs with a list of 189 HAPs (see Attachment 2 on
pages 25 through 27). The amendments mandate that EPA regulate all new and
existing major sources and certain areas sources which emit or may emit any of
the 189 HAPs. Many of these substances are commonly found at CERCLA sites.
EPA must periodically review and revise the list of HAPs, and may accept
petitions to add or delete substances. Thus, CERCLA site managers should keep
abreast of regulatory developments. EPA’s Regulatory Agenda, published
semiannually in the Federal Register, provides information (including the key EPA
staff person to contact), on recently completed rules as well as those under
development. The Air/Superfund Coordinator in each Region also can provide
assistance in obtaining information.

@ Regulated source categories and subcategories — Prior to 1990, NESHAPs were
not generally "applicable" to CERCLA response actions because CERCLA sites do
not usually contain one of the specific source categories that were regulated.
However, the 1990 amendments significantly increased the number of source
categories which must control HAP emissions. As required by the 1990
amendments, EPA has published a list of the major and area source categories
that emit or may emit any of the 189 HAPs (see 57 FR 31576 to 31592, July 16,
1992). The list contains 174 source categories within 16 industry groups.
Additionally, the specific HAPs associated with each source category are listed.
The waste treatment and disposal industry group is composed of hazardous
waste incineration, municipal landfills, sewage sludge incineration, site
remediation, solid waste treatment storage and disposal facilities (TSDFs), and
publicly owned treatment works emissions. Thirty-eight HAPs are listed under
the waste treatment and disposal industry group. New and existing major
sources in these 174 source categories will have to adopt controls when
promulgated as described below. A major source is a plant site that emits 10 tons
or more per year of a single hazardous air pollutant or 25 tons or more per year
of any combination of hazardous air pollutants, after all emissions controls on the
site are taken into account (see Section 112(a)(1) of CAA). The 1990 CAA

16