The Clean Air Act and Your Small usiness -

... ..... “.Y . ..

.-

The Clean Air Act and Your Small Business

An overview of the Clean Air Act Amendments of 1990 and the compliance assistance available to Kentucky businesses.

Developed by the Kentucky Business Environmental Assistance Program and cooperative e f f o s of:

The Kentucky Natural Resources and Environmental Protection Cabinet Phillip J Shepherd, Secretary

The Kentucky Division for Air Quality John E. Hornback, Director

The University of Kentucky College of Business and Economics Dr. Richard W Furst, Dean

The Kentucky Center for Business Development Janet S. Holloway, Director

The Kentucky Small Business Development Center Janet S. Holloway State Director

H. Stephen Jwoby, Associate State Director

Sincere appreciution is expressed io the Tennessee Department of Environment and Conservation Small Business Advocate in development of thik manual Recognition also goes to the University of Tennessee Center for

I n h d d Servkes.

1

First Edition, May 1995

Revised, September 1995

2

"There! After reading the Clean Air Act Amendments of 1990, I still don't know if they apply to my business. Why

doesn't someone write a manual to help me?!"

For those who share these thoughts, Read On!

3

Preface

This manual is part of Kentucky's efforts to provide education and understanding of the CZean Air Act Amendments of 1990 (CAM). It is not a comprehensive guide to the requirements of that legislation, but is intended to provide answers to these basic questions:

What is the purpose of the CAAA?

Why do the CAAA address the emissions of a small business?

What is a "small business" according to the CAAA?

What types of small businesses will the CAAA impact?

What do I have to do to be sure I am in compliance?

What are air toxics? VOC's? HAP'S? Do I emit them?

When do I have to comply?

What happens if I don't comply?

Do I need a permit? How do I get one?

Where can I go for help?

The Clean Air Act Amendments will not affect every business -- but you need to know if the regulations apply to you. This manual will help answer these questions, and help you determine if you qualifj for assistance fiom the Kentucky Business Environmental Assistance Program.

The manual contains four sections. The first section defines some basic terms and requirements of the Clean Air Act Amendments. The second section provides details on how small businesses can get help on complying with the regulations. The third section explains the regulated pollutants, compliance requirements, and compliance strategies. The final section is a series of appendices that include a glossary, resource contacts, chemical lists, and other helphl information.

Note: Definitions for terms in bold are in the glossary, which begins on page 67.

4

Table of Contents

Section 1 - Basic Terms and Concepts What is the purpose of the Clean Air Act?

What does the Clean Air Act regulate?

Who must comply with the Clean Air Act?

What are the goals of the Clean Air Act?

Why do the Clean Air Act address the emissions of a small business?

What do I have to do to comply?

When do I have to comply?

What happens if I don't comply with the act?

Section 2 - Small Business Assistance Program (SBAP) What types of small businesses will the Clean Air Act impact?

What is a small business according to the Clean Air Act?

What can a SBAP do for me?

Does Kentucky have a SBAP?

The Kentucky Small Business Ombudsman

The Kentucky Business Environmental Assistance Program

The Compliance Advisory Panel.

Section 3 - Clean Air Programs and Compliance Strategies Title I -- Ambient Air Quality Program

Ozone

Carbon Monoxide

Particulate Matter (PM- 10)

Sulfbr Dioxide

Lead

9 10

11

12

12

14

14

15

15

18 18

18

19

20

20

21

22

23 23

24

25

25

26

26

5

Nitrogen Dioxide

Controlling the Criteria Pollutants

Preventing the deterioration of good air quality

Improving the air quality in non-attainment areas

Title 111 - Hazardous Air Pollutants Program

Controlling the HAPS

Accident a1 Releases

Title VI -- Stratospheric Ozone Protection

Title V -- Operating Permits

Emissions Inventory

The Permit

The Permit Shield

Operating Flexibility

Local Authority

Fees

Conclusion

Section 4 - Appendix

Section 4.1 Clean Air Act Hazardous Air Pollutants - initial list

Section 4.2 Categories of sources of Hazardous Air Pollutants and regulation promulgation schedule by regulatory deadline

Section 4.3 Substances regulated under the CAAA Risk Management Program

Section 4.4 Specific sources defined as major sources under PSD program

Section 4.5 Contacts

Kentucky Small Business Assistance Program (SBAP)

Air Quality Ombudsman

Technical Assistance Center

26

27

27

27

28

29

29

30

32

32

36

38

38

38

39

39

40

41

48

53

59

61

61

61

61

6

Small Stationary Source Advisory Panel

Kentucky Division for Air Quality

Kentucky Small Business Development Centers

Section 4.6 Resources used in preparing this manual

Section 4.7 Glossary

7

62

63

65

66

67

" Here it is! EPA. The Environmental Protection Agency. The federal government's agency responsible for protecting the environment ... 't

8

Section 1 - Basic Terms and Concepts

The Clean Air Act Amendments of I990 (CAAA) will begin or modify the regulation of many business practices. The CAAA may be your introduction to the environmental regulatory agencies, and the vocabulary of environmental regulations. The terms and acronyms used and defined in this manual are not, for the most part, the definitions found in Kentucky Air Quality Regulations. For the purpose of this manual we have simplified the definitions to give the reader the basic concept.

EPA - The Environmental Protection Agency is the U.S. government's agency for implementing the federal laws designed to protect the environment.

KNREPC- The Kentucky Natural Resources and Environmental Protection Cabinet is the agency responsible for implementing the Kentucky laws and regulations designed to protect the environment.

Emission - The release of a substance, chemical, or pollutant into the atmosphere.

Fugitive emissions - Releases of a pollutant from no certain point. Example: a pile or lagoon

Stack emissions - Releases of a pollutant through a pipe, vent, fan or definite point

Attainment Area - A geographic area where levels of a criteria pollutant meet the health-based standard for the pollutant. An area may have an acceptable level for one pollutant, but have unacceptable levels for others; therefore, an area can be an attainment area and a nonattainment area at the same time.

Nonattainment area - A geographic area that does not meet one or more of the levels established for the criteria pollutants.

Toxic Air Pollutants - Chemicals known to or suspected of causing cancer or other serious health effects.

Criteria Pollutants, or Primary Air Pollutants - Ozone (Volatile Organic Compounds and Nitrogen Oxides are precursors), Carbon Monoxide, Particulate Matter (PM- lo), Nitrogen Dioxide, Sulfur Dioxide, and Lead. Substances and chemicals found throughout the country and, at sufficient levels in the atmosphere, pose health and environmental hazards.

9

Hazardous Air Pollutants (HAPs) - Air pollutants regulated by Section 112 of the Clean Air Act. EPA has listed 189 HAPS and is in the process of developing the emission regulations, (National Emission Standards for Hazardous Air Pollutants (NESHAPS)), for these pollutants. Section 4.1, page 4 1, provides a list of the HAPs.

Major Source - Any stationary source that emits - or has the potential to emit - air pollutants above certain levels as defined by the specific air regulations @e., Title I, Title 111, or Title V).

Minor source - A non-major source. A stationary source that does not emit air pollutants above the levels established by the air regulations for major sources.

Mobile sources - A source of air pollutants that is mobile. Examples: Automobiles, airplanes.

Stationary source - A source of air pollutants that is stationary. Examples: Industrial plants, commercial businesses, incinerators.

Definitions for these and other terms indicated by bold type are in the glossary, page 67

What is the purpose of the Clean Air Act?

The obvious purpose of any air pollution legislation is to provide for cleaner air. Congress first recognized the threat of air pollution in 1955 when it passed the Air Pohtion Control- Research and Technical Assistance Act. In 1963, Congress created the Clean Air Act to define the roles of the federal and state governments in air pollution prevention and control. Other legislation enacted since 1963 has established air quality standards and a method for enforcing those standards. The Clean Air Act Amendments of 1990 (CAAA) is the latest and the most significant effort to prevent and control the air pollution caused by industrial and mobile sources. ( R c s o ~ c ' 9,

10

What does the CAAA legislate?

Title Name Title Number

The CAAA is a very large document divided into eleven sections, called titles. Titles I - VI1 are the sections that primarily affect businesses and industries. Table 1 provides a summary of these CAAA titles.

More details: Title Summary

Table 1. Summary of CAAA Titles I - VI1

Ambient Alr Quality I

Mobile Sources I1

This title establishes air quality criteria. identifies areas of the country that do not meet those criteria, and defmes control measures to be taken by facilities and state governments to achieve the air quality criteria.

This title contains 35 sections aimed at reducing the

page 25

Not emissions fiom automobiles and aircraft. This includes emission controls and alternative fuels.

covered in this manual

Acid Rain Control IV

Hazardous

Pollutants page 30 Emissions of hazardous air substances, whether

permitted or accidental, are regulated in this title.

Not covered in this manual

Title IV addresses the emission of sulfur dioxide and nitrogen oxides fiom fossil fuel-fned power piants.

V

I I I

page 34 Permit Program emissions will be required.

Operating permits for sigrufcant sources of air

VI Stratospheric Ozone Protection

page 33 Title VI regulates the production, use, and disposal of ozone depleting chemicals

VI1

1 1

Violators will be subject to administrative, civil, and or criminal penalties. Ths can include large fmes and prison terms.

Enforcement page 15

Who must comply with the CAAA?

Your plant's activities determine if you must comply with the CAAA; not square footage, payroll, or number of employees. Every business that emits a chemical to the atmosphere should determine if the CAAA applies. The regulations cover: mobile and stationary sources, permitted and accidental releases, stack and fugitive emissions, and the emissions fiom specific industrial processes and chemicals.

The CAAA compliance requirements depend upon two basic questions. First, how does EPA classifL the quality of the local air? Studies conducted by air regulatory agencies have established the levels of air quality around the country. Those areas with the most polluted air will have more restrictive regulations than the less polluted areas.

Secondly, what types and quantities of air pollutants does your business emit? The CAAA identifies and regulates certain processes and chemicals that create air pollution problems. If your business uses these processes or chemicals, the CAAA applies to you. This manual will provide some tools in deciding your compliance strategy.

What are the goals of the C A M ?

EPA has established four major goals: (Resource #5)

1) Cut emissions of chemicals that cause acid rain by 50 percent; 2) Reduce smog and other pollutants; 3) Reduce the emissions of 189 specific hazardous air pollutants; and, 4) Protect the stratospheric (upper) ozone layer by eliminating ozone depleting chemicals.

12

To accomplish these goals, the CAAA establishes controls on three types of air pollutants that result from operations at many businesses:

(A) Primary Air Pollutants - Also known as the criteria pollutants for National Ambient Air Qualify Standards (NAAQS). Exposure to elevated levels of these substances may harm the heart, respiratory, or circulatory systems. EPA has established ambient standards for the emission of these substances:

+ + Carbon Monoxide (CO); + + Nitrogen Dioxide (NO,); + Sulfbr Dioxide (SO,); and, + Lead(Pb).

Ozone (formed from the precursors Volatile Organic Compounds and Nitrogen Oxides);

PM- 10, or Particulate matter (soot, dust, smoke);

Geographic areas that meet the national standards for any criteria pollutant are "affainment areas" for that pollutant. "Non-atfainment areas" do not meet the standards for one or more of these pollutants. It is possible for a geographic area to be an attainment area for some pollutants and a nonattainment area for others. The discussion of criteria pollutant regulations begins on page 23.

(B) Hazardous Air Pollutants - Many of these substances cause, or are suspected of causing, cancer, birth defects, or other serious health ailments. The CAAA required EPA to regulate 189 chemicals, identified as Hazardous Air Pollutants (HAPS), and certain industrial activities under routine operating conditions and accidental releases. See Section 3, page 28, for more details on Hazardous Air Pollutants.

(C) Ozone Depleters - These air pollutants deplete the upper ozone layer. These chemicals are chlorofluorocarbons (CFCs), halons, methyl chloroform (1, 1, 1-trichloroethane), carbon tetrachloride, and hydrochlorofluorcarbons (HCFCs). Section 3, page 30 presents more information on ozone depleting chemicals.

13

Why do the CAAA address the emissions of a small business?

When Congress enacted the Clean Air Act Amendments of 1970, it gave EPA responsibility for developing air quality standards. The states were to take the necessary steps to achieve those standards by 1975. The 1977 Amendments extended the deadlines to 1982, with provisions for extending them to 1987, and established stricter requirements for those areas of the country that were not making any progress. Several environmental studies concluded that just regulating the larger sources of air pollutants would not achieve the desired level of air quality. So Congress used the 1990 CAAA to extend the control of air pollution to smaller sources, which are often smaller businesses.

Congress also determined that many small businesses would not have the resources to comply with the CAAA regulations, so the Act requires a Small Business Stationary Source Technical and Environmental Compliance Assistance Program in each state. Section 2 describes the qualification criteria and the types of assistance available, beginning on page 18.

What do I have to do to comply?

It depends!

As mentioned earlier, the CAAA requirements depend upon your location and the types and amounts of chemicals you use. Compliance efforts could include requiring you to install new control equipment, mandating the types of control equipment you are to install, conducting monitoring of your emissions, and limiting your production hours; or, have no effect at all. That is why it is very important to know and meet your CAAA obligations.

14

When do I have to comply?

Major sources are required to submit an operating permit application within one year after EPA approves Kentucky's plan to operate the Federally Enforceable Operating Permit Program. A company with potential emissions over the cutoff for a major source must submit a permit application. The effective dates for the other requirements will vary, generally from 1991 to 2000. Section 4.2 lists the proposed schedule on page 48. Contact the appropriate air regulatory agency, the Small Business Ombudsman or the Kentucky Business Environmental Assistance Program for details. Section 4.5 provides contact information, beginning on page 6 1.

What happens if I decide I don't want to do this? $ The CAAA contains severe penalties for facilities that do not comply. Penalties can fall into four categories: (Resources 8,11)

Civil -- Administrative and.civi1 penalties for violations of any CAAA provision can result in fines up to $25,000 per day per violation.

Field Citation -- Officers (inspectors) designated by the EPA Administrator can issue on-the-spot fines for minor violations that are not criminal violations. These fines are not to exceed $5000 per day per violation. Facilities have the opportunity of requesting an informal hearing to dispute the finding of the officer.

Citizen suits -- Citizens may file suit against alleged CAAA violators, and recover attorney fees. Any other award monies go to EPA for compliance and enforcement activities.

15

Criminal penalties -- For false statements, reports, etc., penalties are fines plus a prison sentence of up to two years. 'Knowing violations' may result in fines, plus up to five years in prison. For 'negligent endangerment', violators may receive fines plus prison time. For 'knowing endangerment', the penalties are fines ($1 million for the business) and up to 15 years of prison.

The regulatory agencies may prosecute the business and the responsible company officials

The Clean Air Act requires each state to develop a plan for implementing the requirements of the Act, called State Implementation Plans (SIP). The CAAA requires each state to adopt the necessary regulations for implementing the enforcement requirements of the Act. Kentucky now has criminal penalties in its statutes. EPA could also enforce any criminal proceedings resulting in incarceration.

KNREPC expects interim approval for Kentucky's SIP by October 1, 1995.

16

I bet there is some help available for small

17

Section 2 - Small Business Assistance Program (SBAP)

What types of small businesses will the CAAA impact?

There is no comprehensive listing of businesses that have to comply with the CAAA, but Table 2 on page 19 lists some businesses possibly covered by CAAA regulations. EPA suggests that you could be subject to the regulations if your business:

4

4

4

4

4

+

4

4

Emits volatiIe organic compounds (VOCs) and nitrogen oxides (NO,) in areas where ozone is an air quality problem;

Sells or distributes petroleum products;

Services and repairs motor vehicles;

Operates a fleet of 10 or more vehicles in an urban area;

Coats or paints metal surfaces;

Degreases machinery;

Uses or transports chemicals that are hazardous when emitted into the air, or are particularly dangerous if accidentally released;

Services or repairs air conditioning systems, or uses refrigerants;

Uses asphalt, rubber, metal finishes, plastics, or synthetic materials in manufacturing or construction. (Res- ' I)

This means that many small businesses previously not regulated by EPA and KNREPC will have to comply with the CAAA regulations. In writing the CAAA, Congress realized that these small businesses would need help in achieving compliance. Therefore, the CAAA requires each state to create a Small Business Assistance Program (SBAP).

What is a small business according to the CAAA?

To qualify for small business assistance under the CAAA, a business must:

4 Meet the Small Business Act small business definition. In general, a business that is independently owned and operated and is not dominant in its field;

18

+ Emit less than 50 tons of a single pollutant in a year, or less than 75 tons per year of all regulated pollutants;

+ Not be a major stationary source of the criteria pollutants, their precursors, or Hazardous Air Pollutants; and,

4 Employ 100 or fewer individuals.

Table 2. Businesses possibly covered by CAAA regulations

Agricultural Chemical Applicators

Asphalt Manufacturers

Asphalt Applicators

Auto Body Shops

Bakeries

Distilleries

Dry Cleaners

Foundries

Furniture Mandhcturers

Furniture Repair Shops

Gasoline Service Stations

General Contractors

Laboratories

Lawn mower Repair Shops

Lumber Mills

Metal Finishers

Newspapers

Pest Control Operators

Photo Finishing Laboratories

Printing Shops

Air Conditioning/ Refigeration Service

Tar Paving Applicators

Textile Mills

Wood Finishers ’)

Hospitals

What can a SBAP do for me?

The services provided by the SBAP include:

+ Disseminating regulatory information;

4 Investigating and resolving complaints;

+ Working with trade associations;

4 Training;

19

4 Assisting with permit applications;

4 Explaining CAAA requirements;

4

4

+ 4

Notifymg affected industry of new regulations;

Helping with technical, administrative, and compliance problems;

Providing referrals for specific environmental problems; and,

Advocating for small business during regulatory process.

Does Kentucky have a SBAP?

The Kentucky SBAP is a joint effort of the KNREPC and the University of Kentucky College of Business and Economics Center for Business Development. A contact list for this non-regulatory assistance is in Section 4.5, page 61. Kentucky's program includes three components: a Small Business Ombudsman; a Technical Assistance Center; and, a nine-member Small Stationary Source Advisory Panel.

The Kentucky Small Business Ombudsman

The ombudsman is one of the small business community's representatives regarding the Act. The ombudsman duties include:

4 Working with trade associations to bring about voluntary compliance;

4 Aiding in investigating and resolving complaints and disputes involving small business;

4 Disseminating regulatory and technical information;

4 Providing direction to the Business Environmental Assistance Program; and

4 Providing assistance and cooperation with other small business groups.

For more information on the Kentucky Small Business Ombudsman, contact:

Rose Marie Wilmoth Air Quality Ombudsman

Kentucky Natural Resources and Environmental Protection Cabinet 5th Moor, Capital PIaza Tower

Frankfort, Kentucky 40601 (800) 928 - 8111 Fax: (502) 564-3354

20

The Kentucky Business Environmental Assistance Program (BEAP)

The Business Environmental Assistance Program provides technical, administrative and regulatory support for small businesses. The staff serves as a liaison between the regulatory agency and the small businesses of Kentucky, but does not report to the regulatory agency. When representing the interests of a small business, BEAP maintains confidentiality. The types of assistance provided by the BEAP include:

+ Informing businesses of requirements in the Act that apply to them and the dates these requirements apply;

+ 4 Disseminating up-to-date information about the CAAA to the small business

Maintaining a mailing list information distribution;

community, including easy-to-understand public information material;

+ Helping small businesses with specific technical, administrative and compliance problems;

4 Making necessary referrals to assist businesses with specific environmental problems; and, .

4 Providing training opportunities.

BEAP is the Technical Assistance Center located at the University of Kentucky College of Business and Economics. It is in the Center for Business Development that also houses the state office of the Small Business Development Center. BEAP's goals are to educate and assist small businesses in understanding the requirements of the Act and provide assistance in permitting, compliance and reducing emissions into the air.

For more information on the Kentucky BEAP, contact:

Gregory C. Copley, Director Kentucky Business Environmental Assistance Program

Room 227 College of Business and Economics University of Kentucky

Lexington, Kentucky 40506-0034

1-800-562-2327, or (606) 257-1131 Fax: (606) 323-1907

21

The Small Stationary Source Advisory Panel

The nine member Small Stationary Source Advisory Panel consists of representatives from the Division for Air Quality, the Economic Development Cabinet, the Air Pollution Control District of Jefferson County, the Kentucky General Assembly, small business owners, and the public. It serves as a liaison and sounding board for small businesses on regulatory issues. It helps the ombudsman and the technical assistance center in producing easily understood information packets and training manuals such as this one. The state Small Stationary Source Advisory Panel reviews the work and evaluates the effectiveness of the state SBAP and submits periodic progress reports to the federal Ombudsman. A contact list of the nine-member Small Stationary Source Advisory Panel is in Section 4.5, page 62.

For guidaqce in business planning and general management assistance, contact your nearest Kentucky Small Business Development Center (KSBDC). KSBDC's offer one-on-one counseling, training, and technical assistance for such issues as capital structure, increasing sales revenue, monitoring expenses, controlling production overruns, and employee retention. There are fourteen KSBDC service centers located across Kentucky.

Section 4.5, page 65, contains a krther description of the services provided by KSBDC.

The Kentucky Pollution Prevention Center was created to help businesses save money, increase profits, and reduce hazardous waste through training and on-site technical assistance on pollution prevention techniques.

The emphasis of the Center's effort is on all hazardous waste and the toxic chemicals which are regulated under Section 313 of the Superfund Amendment and Reauthorization Act (SARA). However, all wastes that show economic benefit to reduce will be addressed in training and on- site assessments, including solid waste and energy waste.

Cam Metcalf Kentucky Pollution Prevention Center

University of Louisville Louisville, Kentucky 40292

(502) 852-7260 Fax: (502) 852-0964

22

Section 3 -- Clean Air Programs and Compliance Strategies

This section discusses the following four titles of the CAAA in greater detail:

Title I -- Ambient Air Quality Program; Tide 111 - Toxic Air Pollutants Program; Title V -- Operating Permit Program; and, Title VI -- Stratospheric Ozone Protection Program.

Titles I, 111, and VI are all unique in the chemicals that they regulate, the way that they regulate, and the implementation. Title V applies to all sources, however EPA deferred the Title V Operating Program regulations for minor sources. Therefore, currently the Title V Operating Permit regulation applies only to major sources. Major sources are:

+ A stationary source capable of emitting 10 tons per year (TPY), or more, of a single Hazardous Air Pollutant (HAP), or 25 TPY of a combination of HAPS. The Hazardous Air Pollutants are listed in Section 4.1 (page 41), and discussed on page 28; or,

+ A stationary source that emits 100 TPY, or more, of any other regulated air pollutant, such as the Title I pollutants discussed below.

Title I - Ambient Air Quality Program

The Clean Air Act of 1970 established the National Ambient &4ir Quality Standards (NAAQS) for the United States and identified certain pollutants that adversely affect air quality throughout the country. Atmospheric concentrations (not emission levels) of these pollutants -- Ozone, Carbon Monoxide, Particulate Matter (PM-lo), Nitrogen Dioxide, Sulfur Dioxide, and Lead -- above the levels established in the NAAQS may cause harm to human health or the environment. Since these standards represent numerical criteria for determining air quality, many documents refer to them as the criteria pollutants. This manual will use that designation as well.

23

EPA classifies areas of the country as being either attainment or non-attainment depending upon the air quality in that region for a particular pollutant. Table 3 lists Kentucky non-attainment areas.

Kentucky Counties Classified as Non-Attainment Areas

Boone, Bullitt (portion), Campbell, Fayette, Jefferson, Kenton, Oldham (portion), and Scott

Criteria Pollutant

Ozone

Carbon Monoxide none

Particulate Matter none

Nitrogen Oxides none

Sulhr Dioxide

Lead none

(PM- 10) . I

I I

Boyd (portion) and Muhlenberg

Table 3, Kentucky Non-Attainment Areas (as of 3/1/95)

There are actually two problems with ozone: too much ground level ozone, and too little upper level, or stratospheric, ozone. Ground level ozone is one of the ingredients of smog, while upper level ozone is necessary to protect the earth from h h l sun rays. The smog we normally associate with the city of Los Angeles, and the "holes in the ozone" are separate problems concerned with a common chemical compound -- ozone. See page 30 for more about the ozone depletion problem.

Industries do not emit ground level ozone into the air, but it forms by the reaction of sunlight and various chemicals, including Volatile Organic Compounds (VOC's), and Nitrogen Oxides (NO,). The term "VOC" describes the fast-evaporating, carbon-based compounds found in many industrial solvents, paints, and cleaners. Businesses that typically emit VOCs are auto repair shops, print shops, painting and degreasing operations, and gasoline stations. NO, is mostly a by-product from burning fossil hels.

When setting the national standards (NAAQS) for ozone, EPA noted a wide range of ozone concentrations around the country. To account for these variations, EPA established five levels of non-attainment -- Marginal, Moderate, Serious, Severe, and Extreme. The increasing severity of non-attainment increases the restrictions on smaller sources of air pollution. For example, in an area classified as extreme non-attainment, a major source is any facility that emits, or has the

24

potential to emit more than 10 tons per year (TPY) of VOCs. However, to be a major source in a moderate non-attainment area, an identical facility would have to emit more than 100 TPY of v o c s .

Ozone non-attainment in Kentucky

Seven areas in Kentucky were classified as nonattainment for ozone after the 1990 amendments. Currently redesignation requests for four areas have been approved by EPA. Kentucky has submitted requests for one more area and is preparing additional documentation for another. Only the Louisville area (Jefferson and portions of Bullitt and Oldham) will remain as an ozone nonattainment area assuming no violations of the ozone standard are measured in other parts of the state.

Carbon Monoxide

Carbon monoxide (CO) pollution is mainly a result of motor vehicle emissions. Therefore, the CAAA focuses on fbels, vehicle inspection programs, and cleaner operating vehicles to control CO emissions. The businesses affected include: automobile manufacturers and their suppliers, service stations, .auto repair shops, and those companies that bum fuel (natural gas, wood, coal, etc.) on site. Regulations may also include off-road vehicles such as locomotives, construction equipment, and lawn mowers.

Carbon Monoxide in Kentucky

There are no nonattainment areas for Carbon Monoxide in Kentucky.

Particulate Matter (PM- 10)

To control emissions of particulate matter (PM-IO) such as soot, dust, and smoke, the CAAA requires pollution controls on combustion systems. This not only includes utility and facility power plants, but smaller sources such as wood burning stoves and fireplaces.

Particulate Matter in Kentucky

All counties in Kentucky meet the ambient standards for particulate matter.

25

Sulfur Dioxide

Suifkr dioxide is emitted from the combustion of coal, paper production, or smelting certain metals. Sulfbr dioxide contributes to acid rain.

Sulfur Dioxide in Kentucky

The southern half of Boyd County is a nonattainment area. Muhlenberg County is also a nonattainment area.

Lead

By eliminating lead from most gasolines, national lead emission levels have dropped over 97% from the 1970 levels. Lead refineries also contribute to atmospheric levels of lead. ”)

Lead inKentucky

All of Kentucky is attainment for Lead.

Nitrogen Dioxide

A combustion by-product, nitrogen dioxide is a major component in smog and acid rain. Kentucky is an attainment area for nitrogen dioxide.

Nitrogen Dioxide in Kentucky

AU areas in Kentucky are attainment for Nitrogen Dioxide.

26

Controlling the Criteria Pollutants

As explained earlier, the amount of CAAA controls placed on business and industry depends on local air quality, and the types and amounts of pollutants emitted. The CAAA uses two approaches: preventing, or limiting the deterioration of good air quality in attainment areas; and improving the air quality in non-attainment areas. The controls are not necessarily actual pieces of equipment. Improved operating procedures, and the use of raw materials that generate less pollution are control technologies as well. Frequently, the regulatory agency determines the actual technology required on a case-by case basis. The technology standards include:

+ Best Available Control Technology (BACV;

+ New Source Performance Standards (NSPS);

+ Lowest Achievable Emission Rate (LAER); and,

+ Reasonably Available Control Technology (RACT).

Preventing the deterioration of good air quality

For attainment areas, EPA established a Prevention of Signrficant Deterioration (PSD) Program that regulates new major sources and significant modifications of existing major source facilities that emit certain pollutants. The PSD program defines a major source as:

1) Specific types of sources (listed in Section 4.4, page 59) with the potential to emit 100 tons per year (TPY) or more of any regulated air pollutant; or,

2) Any type of source with the potential to emit 250 TPY or more of any regulated air pollutant.

The PSD pollutants include the criteria pollutants, fluorides, sulhric acid mist, total reduced sulfbr compounds, and CFCs - 1 1, - 12, - 1 12, - 1 14, and - 1 1 5 . You must submit applications for a permit to construct a PSD source to DAQ at least 120 days before starting construction. PSD sources must incorporate the Best Available Control Technology (BACT) into their designs. PSD requirements can be avoided if the source agrees to become a synthetic minor.

Improving the air quality in non-attainment areas

For new major sources in non-attainment areas, EPA established more restrictive regulations than for the attainment areas. These sources must achieve the Lowest Achievable Emission Rate (LAER), and must offset their emissions by permanently reducing emissions of the nonattainment

27

pollutant from other sources. For nonattainment areas, EPA bases the definition of major sources on the severity of the non-attainment areas.

For existing major sources in non-attainment areas, EPA and the state regulatory agencies may require installation of Reasonably Available Control Technology (RACT) - technically and economically feasible control technology that is available to a majority of similar sources. Minor sources in nonattainment areas also may have additional requirements.

Realizing that newer sources can achieve lower emission levels than older, existing sources, EPA has established New Source Performance Standards (NSPS) for over 60 industrial categories.

In Kentucky, a facility in a nonattainment area that has the potential to emit 100 TPY or more of a criteria pollutant is a major source for that criteria pollutant.

Title I11 - Hazardous Air Pollutants Program

Besides the criteria pollutants, earlier air pollution legislation had established National Emissions Standards for Hazardous Air Poltutants (NESHAPS) for seven air toxics, and one emission source:

Arsenic . MercUly

Asbestos Radionucleides

Benzene Vinyl Chloride

Beryllium Coke Oven Emissions

The CAAA expanded the reguIation of air toxics to include 189 toxic air pollutants, known as the Eazardous Air Pollutants (HAPS). The CAAA required EPA to identlfl categories of sources of these HAPS and to promulgate control regulations by the year 2000. Recent regulations include NESHAPS for perchloroethylene dry cleaners, halogenated solvent cleaners, decorative chromium electroplating, and hard chromium electroplating. Section 4.1 lists the 189 HAPS and Section 4.2 lists the categories of sources and a proposed regulation schedule.

28

Controlling the HAPS

Under the CAAA, the expanded list of HAPS are controlled by requiring sources to meet performance based standards to reduce routine emissions. For major sources these standards establish, for each of the source categories, a Maximum Achievable Control Technology (MACT). A major source under the CAAA Title 111 is any facility that has the potential to emit more than 10 tons per year (TPY) of any one HAP, or more than 25 TPY of any combination of HAPS. Any facility that emits less than this is a minor source

For existing sources, the MACT is the average emission fiom the best 12 percent of the sources in that source category. Facilities that exceed the allowable emission rate have three years to achieve the MACT. New sources must achieve emission rates equal to the best level of controlled emissions for that category upon startup.

For minor sources, EPA must establish regulations for certain minor source categories, such as asbestos processing, chromic acid anodizing, perchloroethylene dry cleaning, and ethylene oxide sterilization. The regulations will specifl Generally Available Control Technology (GACT). Minor sources will have to comply with the applicable GACT as specified in the regulations.

Accidental Releases

In response to the Bhopal; India tragedy, the CAAA includes regulations concerning accidental releases of hazardous substances. EPA established a list of 100 extremely hazardous air pollutants that fall under these CAAA regulations. A list of these substances is in Section 4.3, beginning on page 53.

Facilities that possess these chemicals above certain threshold limits will develop Risk Management Programs (RMP) by 1999. These plans must include:

+ Documentation of process safety information;

+ Process hazard analysis of the off-site impact of an incident;

+ Documentation of operating procedures;

29

Training program;

Pre-startup reviews;

Maintenance program;

Management of Change Program;

Accident investigation;

Emergency response program;

Safety audits;

Submittal of Risk Management Plan to EPA, DAQ, state and local emergency planning committees, available for public review;

Registration with the Chemical Safety and Hazard Investigation Board; and

A hazard assessment of a worst-case scenario. ' 6 ,

These plans are similar to the Occupational Safdy and Health Administration's (OSSA) standard 1910.1 19 - the chemical process safety management program for highly hazardous chemicals. The OSSA standard became effective in May 1992. The difference in the programs is in the focus of the agency -- OSHA concerns are worker safety, while EPA concerns are the safety of the environment and community.

Both programs, in combination with the information provided under Form R of the Emergency Planning and Community Right-to-Know Act, give outsiders an unprecedented look into your facility. While many companies are uncomfortable with this type of revelation, mandating planning and preparation for emergencies is the best method for ensuring that a Bhopal-like tragedy does not happen in your community.

Title VI - Stratospheric Ozone Protection

While everyone agrees that the upper level ozone layer is necessary to protect humans and the environment from h d l ultraviolet radiation, there is some debate about the cause of ozone depletion. The majority opinion is that chlorofluorocarbons (CFCs), hydrochiorohorocarbons (HCFCs), and other chemicals are primarily responsible for the depletion of the ozone layer over Antarctica, the U.S., Canada, and the Arctic. In response to this opinion, over 90 countries agreed to reduce the production and use of these chemicals. The CAAA Title VI outlines the United

30

State’s participation in this agreement. Table 5 lists the ozone depleting chemicals and some of their more common uses.

Class I

Class I

EPA classified the chemicals into two groups: substances that do the most damage (Class I), and substances that do less damage (Class 11). Class I substances are controlled through mandatory recycling and recovery. Class I production is banned after January 1996. Class I1 substance production will stop after 2030. Many Class I1 substances may substitute for Class I substances in the interim.

CFC solvents, refrigerant, foaming agents in the manufacture of plastics

Halon fxe extinguishers I

Carbon tetrachloride solvents, chemical manufacturing

1, 1,l -trichloroethane solvent

EPA has established specific regulations regarding CFC recyclinghecovery, and the labeling of products manufactured using ozone depleting chemicals.

Table 5. Ozone Depleting Chemicals and their common uses (Resource#4) I I 1

CFC substitute I ‘iYs I . HCFC I EPA enforces this program in Kentucky, not KNREPC. The toll-free telephone number for EPA information on stratospheric ozone protection is 1-800-296-1996. The Division for Air Quality provides informational materials.

31

Title V -- Operating Permits

Title V is the Operating Permits Program required by the CAAA. 40 CFR Part 70 is the federal regulation which implements the program. All major sources under Title V will be required to apply for a new operating permit within one year after EPA approves their state programs. Minor sources that are subject to Title V are deferred from this obligation for up to five years.

Sources required to obtain a Title V permit will have to:

+ Identify and quantify each air pollutant emitted;

+ Determine all state and federal requirements that apply to the source;

+ Certify that each emission point is in compliance, or provide a compliance plan and a timetable for completion;

+ Plan and include in their application as many operational changes as possible over the next five years;

+ Provide for increased monitoring, reporting, and recordkeeping as required by Title V and the permitting agency.

Emission Inventory

To determine if you are a major source under Title V you must conduct an emission inventory. For each process or operation performed at your facility, you must determine the hourly emission rate of each pollutant emitted. You must also determine the maximum design emission rate and the maximum annual emissions in tons per year, based on 8760 hours of operation, of all pollutants emitted. If you have controls you must know if they are required by a federal regulation and, if not, what the emissions would be without the controls.

Recommended steps to conducting an emission inventory: fResOurce ’ 879)

1) Conduct a chemical inventory of your business. Determine the type and quantity of each chemical stored and emitted. Consider the raw materials used and the composition of the products, byproducts, and wastes. It may be necessary to use mass balance calculations. Compare your chemical list with the list of regulated substances found in Sections 4.1 and 4.3.

32

2) Compare the list of industrial activities in Section 4.2 with your facility's operations. If you are involved in any of these activities, you may be regulated under Title V. If your potential to emit is 10 tons per year (TPY) or more of one H A P or 25 TPY of all HAPS combined, you are a major source and required to meet the MACT standards.

3) Inventory all emission locations at your facility. Calculate the location of these points (coordinate system method); determine stack height, diameter, exhaust temperature and velocity; and remember to consider fbgitive emissions: valves, pipe fittings, tanks, etc. Include any pollution control equipment in place on these sources.

4) Review your operating, accident investigation, and operator training programs. Are they identifjring the best methods for controlling the releases of chemicals? If not, revise them.

5) Revise, update, or create drawings and databases to manage this information

You also need to collect:

+ +

Permit data: allowable emissions, operating limitations, expiration date;

Production data: hourly and annual production rates, annual operating hours; and,

+ Regulatory information: applicable state and federal regulations (citation and description).

Sources for this information include:

Facility audits

Equipment specifications and drawings

Production reports, QC reports

- Facility blueprints and drawings

- Process flow charts

- Existing permits

Material Safety Data Sheets - Environmental reports (Form R, Tier 11,

etc.)

Outside consultants, assistance agencies - Previous permit tests and monitoring

M e r analyzing all of this information, you can determine the impact of the CAAA and the type of permit you need. Table 6, on page 35, provides a flowchart for determining the need for a Title V permit.

Sources that are affected by the CAAA will be one of three types; major, conditional major, or minor. Only major sources are required to obtain a Title V permit under the current Part 70 rule.

33

Minor sources are deferred for up to five years, and some minor source categories may be permanently exempted by EPA in the future.

Major sources are those who potential to emit or PTE equals or exceeds the limits shown in Table 6. These limits, 100 tpy of any regulated pollutant and 10/25 tpy of HAPS, are called major source thresholds. A minor source is one whose PTE does not equal or exceed the major source thresholds. A major source can essentially become a minor source if it voluntarily agrees to install control equipment or to limit its throughput or hours of operation . . . providing these controls and limits ensure the source will not reach the major source thresholds, and providing they are federally enforceable. This is called becoming a conditional major.

PTE is calculated for each emission point running at full design capacity for 8760 hours per year, unless such operation is not possible due to design or other inherent physical limitations. Emission controls required by a federal regulation may be counted in determining PTE, but voluntary controls may not be counted unless the control is specified in a federally enforceable permit.

The following examples should help to clarifL these concepts. Assume the source's only emissions are those described in the examples:

4 Company A has actual routine emissions of 12 tons per year (tpy) of a HAP and cannot reasonably install further controls on its operation. Unless it is willing to cut its production and output, Company A is and will remain a major source.

4 Company B operates at full capacity for 24 hourdday, 365 daydyear, and emits 75 tpy of particulates with no controls. Company B is a minor source, and will remain a minor source unless it expands its operation.

4 Company C operates at full capacity for 12 hourdday, 6 daydwk, 49 weekdyear, or 3528 hourdyear. They routinely emit 80 tpy of VOCs and have no controls. However, their potential emissions are 80 X 876013528 = 198.6 tpy of VOCs, and they are a major source. Company C can become a conditional major simply by making their current operating schedule a condition in a federally enforceable permit. If their current permit is federally enforceable it may simply be revised. Otherwise, a new permit is required).

34

Table 6. Title V Operating Permit Applicability (source

-

I I I I

4. Is the site subjed to NSPS, NESHAP, or reqsired to have a

1. Is the fad l i a major YES YES 8ouw) for VOCs. S02. or NOx? .-, 7

(Emits more lhen loo TPY)

NO

Go to Question 2

Title V Operating YES

NO

3. Is Ihe rscihty a majarbovcs for HAPS?

(Potential emissions ? 10 TPY of OIW) HAP or25TPY dall Wscombhed)

1 No

Permit is required PemJt prsuant to PSD or NSR?

\ i No

m Title V Operating No

35

To become a conditional major, you must:

4 Specify in your permit application emission limits that will keep your potential to emit below the major source applicability threshold;

4 Specify in your permit application appropriate monitoring, reporting and record keeping procedures to assure compliance with these limits; and,

4 Apply for a permit within one year after EPA approves Kentucky's program.

Completing the Permit Strategy

Next, plan for different operating scenarios. Prior to Title V, a permit change required a few meetings with the regulatory agency, filing the tight paperwork, and paying the fees. Under Title V, permits and some permit modifications will require public notices and EPA review. This process could take as long as eighteen months to complete. To allow industry to remain competitive in a changing world, the CAAA allows companies certain operational flexibilities in the original permit. The permitting process now has industries writing proposed permit conditions, then negotiating with DAQ, EPA, and the public to create the permit.

Due to the monitoring and reporting requirements, industries will possibly be reporting more often. The responsible company official will sign these reports and certify the truthfulness, accuracy, and completeness of the records. Industries should report violations, and can expect enforcement actions on those violations. Section 1 discusses the penalties for false reports.

The maximum duration of a permit is five years. Therefore, you must accurately anticipate the changes - growth, technology, market, regulatory - that can occur during the permit time. Any unanticipated changes could result in the company having to revise its permit. Permit revisions may result in tighter. restrictions, long delays, and additional expense. These possible barriers to growth, demand the active participation of all plant management in the permitting process.

The Permit

The burden is upon the permit applicant to determine what requirements are applicable and how compliance will be demonstrated. Instead of the regulatory agency stating what they will allow, the permit applicant will propose a permit, and the public, state regulatory agency, and EPA will comment.

36

According to KDAQ regulation 401 KAR 50:035, you need the following information to complete a Title V Operating Permit application:

+ + + + + + + + + + +

+ + + + +

+ +

+ + + + +

+ + +

+ +

Company name and address, plant name and address; Owner and agent names; Plant site manager and contact names and telephone number; Source description, including products and processes by SIC code; Alternate scenario description, including flexibility in operating regimes; Emissions inventory of all pollutants, including regulated and nonregulated pollutants; Major emissions descriptions; Regulated air pollutants description; Emissions inventory basis method description; Emission point description, including emissions parameters and flow diagram; Emission rate expressed in tons per year, and in applicable compliance method requirement ; Fuels, fuel use, raw materials, production rates, and operating schedules; Limitations on source operation affecting emissions including any work practice standards; Source stack height limitations; Calculations; Applicable requirements citation and description, including existing requirements and requirements that have future effective dates; Applicable compliance determination method description, including test method; Other specific information required to implement and enforce other applicable requirements, including hazardous air pollutants and new requirements; Explanation of any proposed exemptions from otherwise applicable requirements; Compliance status of the source with respect to all applicable requirements; Statement of continued compliance if source is compliant; Statement of how source will achieve compliance if non-compliant; Compliance schedule for applicable requirements, stating whether the source is in compliance or not; Schedule for submission of certified progress reports to remedy violations; Compliance certification for applicable requirements by a responsible company official; Certification for determining compliance, including a description of monitoring, record keeping and reporting, and test methods; Schedule for submission of compliance certifications; and, Source's compliance status with any applicable enhanced monitoring and compliance certification requirements.

The CAAA requires the submission of Title V permit applications to DAQ within one year after EPA approves Kentucky's plan.

37

You can get copies of the Title V permit forms from the NREPC Division for Air Quality, the Air Quality Ombudsman, or the Kentucky Business Environmental Assistance Program. These forms are available on paper, or on a Wordperfect diskette.

The Permit Shield

Once a Title V permit is issued the source is considered in compliance with all applicable requirements. If an applicant, unknowingly and in good faith, leaves out an applicable requirement in its application and DAQ does not catch it, the applicant cannot be cited or fined for violating the requirement. The applicant is, however, required to comply with the requirement as soon as practical after the omission is realized.

Operating Flexibility

Since Title V permits are usually in effect for up to 5 years, it is important for the applicant to try and anticipate as many changes as possible. Any significant change occurring during the permit term that is not provided for in the permit will require the same public, EPA and affected state review that occurred when the permit was issued. This could seriously impair a company's ability to respond to changing market demands and to be competitive.

Since very few changes are allowed under the current permit rule without revising the permit, the use of alternate operating scenarios becomes vitally important for many sources. They must be anticipated, clearly defined, and identified in the application. When preparing the application, input should be sought from all levels of the company.

Local Authority

The Air Pollution Control District of Jefferson County is the permitting and enforcement agency in Jefferson County. Small businesses in Jefferson County should contact the local district with Clean Air Act concerns.

Mr. Billy J. Sexton, P.E., Director Air Pollution Control District of Jefferson County

850 Barrett Avenue Louisville, Kentucky 40204

Phone (502) 574-6000

38

Fees

The CAAA require that the state air quality programs be funded through the collection of emission fees charged to all sources that are subject to Title V. Emission fees in Kentucky are assessed on or around July 1 of each year and are based on the source's actual emissions for the preceding calendar year. Sources emitting less than 25 tons of total pollutants are billed a flat rate of $150. Sources emitting over 25 tons are billed at a rate which is determined by the dollar amount which the Kentucky General Assembly approves and the total tons of pollution in DAQ inventory each year. This was approximately $29 per ton in 1995 and should change with the rate of inflation in future years.

Conclusion

The CAAA is a very ambitious effort to improve the quality of air for this and future generations. As stated in the beginning, this manual cannot answer all of your questions regarding the CAAA. By providing this basic discussion of the important sections, and listing resources you can contact for assistance, compliance is achievable.. . .

39

Section 4 -- Appendix

Contents

Section 4.1 Clean Air Act Hazardous Air Pollutants - initial list

Section 4.2 Categories of sources of Hazardous Air Pollutants and the regulation promulgation schedule by regulatory deadline

Section 4.3 Toxic Substances regulated under the C A M Risk Management Program

Section 4.4 Specific sources defined as major sources under PSD

Section 4.5 Contacts

Kentucky Small Business Assistance Program (SBAP)

Air Quality Ombudsman

Technical Assistance Center

Small Stationary Source Advisory Panel

Kentucky Division for Air Quality

Kentucky Small Business Development Center

Section 4.6 Resources used in preparing this manual

Section 4.7 Glossary

40

Section 4.1 Clean Air Act Hazardous Air Pollutants - initial list

CAS Number

75070 60355 75058 98862 53963

107028 79061 791 07

107131 107051 92671 62533 90040

1332214 71432 92875 ’

98077 100447 92524

117817 542881 75252

106990 156627 105602 133062 63252 75150 56235

46358 I 120809 133904

Chemical Name

Acetaldehyde Acetamide Acetonitrile Acetophenone 2-Acetylaminofluorene Acrolein Acrylamide Acrylic acid Acrylonitrile Allyl chloride 4-Amino bi phenyl Aniline o-Anisidine Asbestos Benzene (including benzene from gasoline) Benzidine Benzotrichloride Benzyl chloride Biphenyl Bis(2-ethy1hexyl)phthalate (DEHP) Bis(ch1oromethyl)ether Bromoform 1,3-Butadiene Calcium cyanamide Caprolactam Captan Carbaryl Carbon disulfide Carbon tetrachloride Carbonyl sulfide Catechol C hloram ben

41

CLEAN AIR ACT HAZARDOUS AIR POLLUTANTS - INITIAL LIST (continued)

CAS Number

57749 7782505

79118 532274 108907 510156 67663

107302 126998

131 9773 95487

108394 106445 98828 94757

3547044 334883 132649 96128 84742

106467 91941

11 1444 542756 62737

11 1422 121697 64675

1 19904 60117

1 19937 79447

Chemical Name

Chlordane Chlorine C hloroacetic acid 2-C hloroacetophenone Chlorobenzene C h I or0 benzi late Chloroform Chloromethyl methyl ether Chloroprene Cresols/Cresylic acid (isomers and mixture) 0-C reso I m-Cresol p-Cresol Cumene 2,4-Dl salts and esters DDE Diazomethane Dibenzofurans 1,2-Dibromo-3-chloropropane Dibutyl phthalate 1,4-Dichlorobenzene( p) 3,3-Dichlorobenzidene Dichloroethyl ether (Bis(2-chloroethy1)ether) 1,3-Dichloropropene Dichlorvos Diethanolamine N, N-Diethyl aniline (N, N-Dimethylaniline) Diethyl sulfate 3,3-Dimethoxy benzidine Dimethyl aminoazobenzene 3,3’-Dimethyl benzidine Dimethyl carbamoyl chloride

42

CLEAN AIR ACT HAZARDOUS AIR POLLUTANTS - INITIAL LIST (continued)

CAS Number

68122 57147

131113 77781

534521 51 285

121 142 12391 I 122667 106898 106887 140885 100414 51796 75003 .

106934 107062 10721 1 151564 75218 96457 75343 50000 76448

118741 87683 77474 67721

822060 680319 1 10543 302012

Chemical Name

Dimethyl formamide 1,l -Dimethyl hydrazine Dimethyl phthalate Dimethyl sulfate 4,6-Dinitro-o-cresol, and salts 2,4-Dinitrophenol 2,4-Dinitrotoluene I ,4-Dioxane (1,4-Diethyleneoxide) 1 ,2-D i p hen y I hydrazine Epichlorohydrin (1 -Chloro-2,3-epoxypropane) 1,2-Epoxybutane Ethyl acrylate Ethyl benzene Ethyl carbamate (Urethane) Ethyl chloride (Chloroethane) Ethylene dibromide (Di bromoethane) Ethylene dichloride (1,2-DichIoroethane) Ethylene glycol Ethylene imine (Aziridine) Ethylene oxide Ethylene thiourea Ethylidene dichloride (1,l -Dichloroethane) Formaldehyde Heptachlor Hexachlorobenzene Hexachloro butad iene Hexachlorocyclopentadiene Hexachloroethane Hexamethylene-l,6-d i isocyanate Hexamethylphosphoramide Hexane Hydrazine

43

CLEAN AIR ACT HAZARDOUS AIR POLLUTANTS - INITIAL LIST (continued)

CAS Number

764701 0 7664393

12331 9 78591 58899

108316 67561 72435 74839 74873 71556 78933 60344 74884

108101 624839 80626

1634044 101144 75092

101 688 101779 91203 98953 92933

100027 79469

684935 62759 59892 56382 82688

Chemical Name

Hydrochloric acid Hydrogen fluoride (Hydrofluoric acid) Hydroquinone I sop horone Lindane (all isomers) Maleic anhydride Methanol Methoxychlor Methyl bromide (Bromomethane) Methyl chloride (Chloromethane) Methyl chloroform (1 , I ,I -Trichloroethane) Methyl ethyl ketone (2-Butanone) Methyl hydrazine Methyl iodide (lodomethane) Methyl isobutyl ketone (Hexone) Methyl isocyanate Methyl methacrylate Methyl tert butyl ether 4,4-Methylene bis(2-chloroaniline) Methylene chloride (Dichloromethane) Methylene diphenyl diisocyanate (MDI) 4,4'-Methylened iani line Naphthalene Nitrobenzene 4-Nitro biphenyl 4Nitrophenol 2-nitro propane N-N itroso-N-met h y lurea N-nitrosodimethy lamine N-Nitrosomorpholine Parathion Pentachloronitro benzene (Quint0 benzene)

44

CLEAN AIR ACT HAZARDOUS AIR POLLUTANTS - INITIAL LIST (continued)

CAS Number

87865 108952 106503 75445

780351 2 7723140

85449 1336363 1120714

57578 123386 114261 78875 75569 75558 91 225

106514 100425 96093

174601 6 79345

127184 7550450

108883 95807

584849 95534

8001 352 120821 79005 79016 95954

Chemical Name

Pentachlorophenol Phenol p-Phenylenediamine Phosgene Phosphine Phosphorus Phthalic anhydride Polychlorinated biphenyls (Arochlors) 1,3-Propane sultone beta-Propiolactone Propionaldehyde Propoxur (Baygon) Propylene dichloride (1,2-Dichloropropane) Propylene oxide 1,2-Propylenimine (2-Methyl aziridine) Quinoline Quinone Styrene Styrene oxide 2,3,7,8-Tetrachlorod i benzo-p-d ioxin lI1,2,2-Tetfachloroethane Tetrachloroethylene (Perchloroethylene) Titanium tetrachloride Toluene 2,LF-Toluene diamine 2,LF-Toluene diisocyanate o-To1 u id i ne Toxaphene (chlorinated camphene) 1,2,4-Trichloro benzene I ,I ,2-Trichloroethane Trichloroethylene 2,4,5-Trichlorophenol

45

CLEAN AIR ACT HAZARDOUS AIR POLLUTANTS - INITIAL LIST (continued)

CAS Number

88062 121448

1582098 540841 108054 593602 75014 75354

1330207 95476

108383 106423

0 . o

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Chemical Name

2,4,6-TrichlorophenoI Triethylamine Trifluralin 2,2 ,4-Trimet h y I pentane Vinyl acetate Vinyl bromide Vinyl chloride Vinylidene chloride (1,l -Dichloroethylene) Xylenes (isomers and mixture) o-Xylenes m-Xylenes p-Xylenes Antimony Compounds Arsenic Compounds (inorganic including arsine) Beryl I ium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds Coke Oven Emissions Cyanide Compounds - Footnote 1 Glycol ethers - Footnote 2 Lead Compounds Manganese Compounds Mercury Compounds Fine mineral fibers - Footnote 3 Nickel Compounds Polycyclic Organic Matter - Footnote 4 Radionuclides (including radon) - Footnote 5 Selenium Compounds

b

46

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.

FOOTNOTES:

FOOTNOTE 7: dissociation occur. For example KCN or Ca(CN),

X'CN where X = H' or any other group where a formal

FOOTNOT€ 2: Includes moni-and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH,CH,),-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-(OCH,CH),-OH. Polymers are excluded from the glycol category.

FOOTNOTE 3: Includes mineral fiber emissions from facilities mmfacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less.

FOOTNOTE 4: Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to IOOC.

FOOTNOTE 5: A type of atom which spontaneously undergoes radioactive decay.

47

Section 4.2 Categories of sources of Hazardous Air Pollutants and regulation promulgation schedule by regulatory deadline

From the Federal Register Vol. 58, No. 23 1, Friday, December 3, 1993, pages 63953 - 63954 * Denotes Minor source Category

Source Categories with Emission Standards due by November 15,1992

Synthetic Organic Chemical Manufacturing Commercial Drycleaning (Perchloroethylene) Dry-to-Dry Machines * Commercial Drycleaning (Perchloroethylene) Transfer Machines* Commercial Drycleaning (Perchloroethylene) Transfer Machines Industrial Drycleaning (Perchloroethylene) Dry-to-Dry Machines Industrial Drycleaning (Perchloroethylene) Transfer Machines

Source Categories with Emission Standards due by November 15,1994

Acrylonitrile-Butadiene-Styrene Production Aerospace Industries Asbestos Processing* Butyl Rubber Production Chromic Acid Anodizing Chromic Acid Anodizing* Coke Ovens: Charging, Topside and Door Leaks (CAA mandated promulgation by 12/3 1/92) Commercial Sterilization Facilities Commercial Sterilization Facilities* Decorative Chromium Electroplating Decorative Chromium Electroplating* Epichlorohydrin Elastomers Production Epoxy Resins Production Ethylene-Propylene Rubber Production Gasoline Distribution - Stage 1 Halogenated Solvent Cleaners Halogenated Solvent Cleaners* Hard Chromium Electroplating Hard Chromium EIectroplating* Hypalan (TM) Production Industrial Process Cmling Towers Magnetic Tapes (Surface Coating) Methyl Methacrylate-Acrylonitrile-Butac iene-Styrene Production Methyl Methacrylate-Butadiene-Styrene-Terpolymers Production Neoprene Production

48

Nitrile Butadiene Rubber Production Non-Nylon Polyamides Production Petroleum Refineries - Other Sources not distinctly listed Polyethylene Terephthalate Production Polybutadiene Rubber Production Polystyrene Production Polysulfide Rubber Production PrintingPublishing (Surface Coating) Secondary Lead Smelting Shipbuilding and Ship Repair (Surface Coatings) Solid Waste Treatment, Storage, & Disposal Facilities (TSDF) Styrene-Acrylonitrile Production Styrene-Butadiene Rubber and Latex Production Wood Furniture (Surface Coating)

Source Categories with Emission Standards due by November 15,1997

4-Chloro-2-Methylphenoxyacetic Acid Production 2,4-D slats and Esters Production 4,6-Dinitro-O-Cresol Production Acetal Resins Pruduction Acrylic Fibershlodacrylic Fibers Production Amino Resins Production Butadiene Dimers Production Captafol Production Captan Production Chloroneb Production Chlorothalonil Production Chromium Chemicals Manufacturing Cyanuric Chloride Production Dacthal (TM) Production Ferroalloys Production Flexible Polyurethane Foam Production Hydrogen Cyanide Production Mineral Wool Production Non-Stainless Steel Manufacturing - Electric Arc Furnace (EAF) Operation Nylon 6 Production Oil and Natural Gas Production Petroleum Refineries - Catalytic Cracking (Fluid and Other) Units, Catalytic Reforming Units, and Sulfirr Plant Units Pharmaceuticals Production Phenolic Resins Production

49

Polycarbonates Production Polyether Polyols Production Portland Cement Manufacturing Primary Aluminum Production Primary Copper Smelting Primary Lead Smelting Publicly Owned Treatment Works (POTW) Emissions (CAA Mandated by 1 111 5/95) Pulp & Paper Production Reinforced Plastic Composites Production Secondary Aluminum Production Sodium Cyanide Production Sodium Pentachlorophenate Production Stainless Steel Manufacturing - Electric Arc Furnace (EM) Operation Steel Pickling - HCl Process Tordon (TM) Acid Production Wood Treatment Wool Fiberglass Manufacturing

Source Categories with Emission Standards due by November 15,2000

Aerosol Cah-Filling Facilities Alkyd Resins Production Alumina Processing Ammonium Sulfate Production - Caprolactum By-product Plants Antimony Oxides Manufacturing Asphalt Concrete Manufacturing Asphalt Processing Asphalt Roofing Manufacturing Asphalt/ Coal Tar Application - Metal Pipes Auto and Light Duty Truck (Surface Coating) Bakers Yeast Manufacturing Bezyltrimethylammonium Choride Production Boat Manufacturing Butadiene-Fufiral Cotrimer (R- 1 1) Carbonyl Sulfide Production Carboxymethylcellulose Production Cellophane Production Cellulose Ethers Production Cellulose Food Casing Manufacturing Chelating Agents Production Chlorinated Paraffins Production Chromium Refractories Production

z

50

Clay Product Manufacturing Coke By-products Plants Coke Ovens: Pushing, Quenching and Battery Stacks Dodecanedioic Acid Production Dry Cleaning (Petroleum Solvent) Engine Test Facilities Ethylidene Norbornene Production Explosives Production Flat Wood Paneling (Surface Coating) Fume Silica Production Hazardous Waste Incineration Hydrazine Production Hydrochloric Acid Production Hydrogen Fluoride Production Industrial Boilers Institutional/ Commercial Boilers Integrated Iron & Steel Manufacturing Iron Foundaries Large Appliance (Surface Coating) Lead Acid Battery Manufacturing Lime Manufacturing Maleic Anhydride Copolymers Production Manufacture of Paints, Coatings and Adhesives Metal Can (Surface Coating) Metal Coil (Surface Coating) Metal Furniture (Surface Coating) Methylcellulose Production Miscellaneous Metal Parts & Products (Surface Coating) Municipal Landfills OBPN 1,3-Diisocyanate Production Organic Liquids Distribution (non-gasoline) Paint Stripper Users Paper and other Webs (Surface Coating) Phosphate Fertilizers Production Phosphoric Acid Manufacturing Photographic Chemicals Production Phthalate Plasticizers Production Plastic Parts and Products (Surface Coating) Plywood Particle Board Manufacturing Polyester Resins Production Polymerized Vinylidene Chloride Production Polymethyl Methacrylate Resins Production Polyvinyl Acetate Emulsions Production

51

Polyvinyl Butyral Production Polyvinyl Chloride and Copolymers Production Primary Magnesium Refining Printing, Coating & Dyeing of Fabrics Process Heaters Quaternary Ammonium Compounds Production Rayon Production Rocket Engine Test Firing Rubber Chemicals Manufacturing Semiconductor Manufacturing Sewage Sludge Incineration Site Remediation Spandex Production Stationary Internal Combustion engines Stationary Turbines Steel Foundries Symmetrical Tetrachloropyridine Production Taconite Iron Ore Processing Tire Production Uranium Hexafluoride Production Vegetable Oil Production

* Denotes minor source category

r

52

Section 4.3 Toxic Substances regulated under the CAAA Risk Management Program

I Emission CAS No. Chemical name

Acetone cyanohydm 75865

Acrolein 107028

Acrvlonib-rle 107131

Acrylyl chloride 8 14686

Allyl alcohol 107186

Allylamine 1071 19

Ammonia (aahydrous) 7664417

Ammonia (aqueous solution, concentration 1. 20%) 76644 17

Aniline 62533

t. Antimony pentafluoride 7783702 ~~

Arsenous trichloride 778434 1 ~~

778442 1 Arsine

Benzal chloride 98873

Benzenamine, 3-(tnfluoromethyl) 98168

Benzotrichloride 98077

Benzyl chloride 100447

53

I 140294 Benzyl cyanide

10294345 + 7637072

Boron trichloride

I 353-424 Boron tduoride compound w/ methyl ether ( 1 : 1)

I 7726956 Bromine

Carbon disulfide 75 150 I Chlorine 7782505 I

10049044 I Chlorine dioxide

I 107073 Chloroethanol ~~~ ~

Chloroform 67663 I I 54288 1 Chloromethyl ether

Chloromethvl methvl ether 107302 I

I 4170303 Crotonaldehyde

I 123739 Crotonaldehyde (E)

Cyanogen chloride

Cyclohexylamine 1 19287457 Diborane

54

I

Trans- 1,4-dichlorobutene 110576

Dichloroethyl ether 11 1444 Yes

I Dimethyl phosphorochloridothioate I 22524030 I

Dimethy Idichlorosilane

Dimethy lhvdrazine

75785

57147 Yes

Epichlorohydrin

Ethylenediamine

Formaldehyde I 50000 I

106898 Yes

107153

Formaldehyde cyanohydrin

Ethy leneimine

Ethylene oxide

Fluorine

I 107164 1

151564 Yes

752 18 Yes

7782414

FWiUl

76470 10 Hydrochloric acid (solution, conc. 25 % or pester)

I 110009 I Yes

Hydrazine

Hydrogen chloride (anhydrous)

Hydrogen fluoride

76470 10 Yes

7664393 Yes

I I Hydrocyanic acid I 74908

Hydrogen peroxide (cone.> 52%) 772284 1

55

Hydrogen selenide

Hydrogen sulfide

7783075

I 7783064

Methyl chloride

Iron. pentacarbonyl

74873

1 13463406 1

Methyl chlorofomate

Isobutyronitrile

Isopropyl chloroformate

Lactonitrile

7922 1

Methacry lonitrile

Methyl isocyanate

I 78820

624839

108236

78977

126987

Methyl mercaptan

Methyl thiocyanate

Methyl bromide

7493 1

556649

74839

Methyl hydrazine 60344 I

Methy ltrichlorosilane

Nickel carbonyl

75796

134633 93

7697372 Nitric acid

Yes

Yes

Yes

56

F

Nitrobenzene

Parathion

Nitric oxide

98953

56382

I 10102439 I

Phosphme

Phosphorous oxychloride

7803512

10025873

Peracetic acid

Propylene oxide

Pyridme, 2 -methyl-5 -vinyl

I 79210 I

75569

14076 1

Perchloromethylmercaptan I 594423 I Phenol (liquid) I 108952 I Phoseene I 75445 I

Phosphorous trichloride I 7719122 I Piperidine I 110894 I Propionitrile 1 107120 I Propyl chlorofomate I 109615 I Prouvleneimine I 75558 I

Sulfur dioxide I 7446095 I Sulfuric acid I 7664939 I Sulfur tetrafluoride I 7783600 I

Yes

Yes

Yes

Yes

Yes

Yes

Yes

57

I

Sulfur trioxide

Tetramethyl lead

Tetranitromethane

Thiophenol

Titanium tetrachloride

Toulene 2.4-dusocvanate

Toulene 2,6-diisiocyanate

Toulene diisocyanate (unspecfied isomer)

Trichloroethylsilane

I Trimethylchlorosilane ~~~

Vinyl acetate monomer

Vinyl chloride

58

Section 4.4 Specific sources defined as major sources under PSD program

Any of these stationary sources of air pollutants that emit, or has the potential to emit, greater than 100 TPY of any pollutant subject to regulation are major sources under the Prevention of Significant Deterioration Program. See Section 3 .

1) Fossil fuel-fired steam electric plants of more than 250 million British Thermal Units per hour heat input;

2) Coal cleaning plants (with thermal dryers);

3) Kraft pulp mills;

4) Portland cement plants;

5) Primary zinc smelters;

6) Iron and steel mills;

7) Primary aluminum ore reduction plants;

8) Primary copper smelters;

9) Municipal incinerators capable of charging more than 250 tons of refuse per day;

10) Hydrofluoric, sulfuric, and nitric acid plants;

11) Petroleum refineries;

12) Lime Plants

13) Phosphate rock processing plants;

14) Coke oven batteries;

15) Sulfur recovery plants;

16) Carbon black plants (furnace process);

59

17) Primary lead smelters;

18) Fuel conversion plants;

19) Sintering plants;

20) Secondary metal production plants;

2 1) Chemical process plants;

22) Fossil he1 burners (or combinations thereof) totaling more than 250 million British thermal units per hour heat input;

23) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

24) Taconite ore processing plants;

25) Glass fiber processing plants; and,

26) Charcoal production plants.

60

Section 4.5 Contacts

Kentucky Small Business Assistance Program (SBAP)

As described in Section 2, the Kentucky SBAP is composed of an Ombudsman, Technical Assistance Center and a Small Stationary Source Advisory Panel.

Kentucky Air Quality Ombudsman

For more information on the Small Business Ombudsman, contact:

Rose Marie Wilmoth Ofice of the Air Quality Ombudsman

Kentucky Natural Resources and Environmental Protection Cabinet 5th Floor, Capital Plaza Tower

Frankfort, Kentucky 40601

1 (800) 928-8111 or (502) 564-3350

Fax: (502) 564-3354

Technical Assistance Center

For information on the Business Environmental Assistance Program, contact:

Gregory C. Copley, Director Kentucky Business Environmental Assistance Program

Room 227 College of Business and Economics University of Kentucky

Lexington, Kentucky 40506-0034

1-800-562-2327 or (606) 257-1131

Fax: (606) 323-1907

61

Small Stationary Source Advisory Panel

For information on the nine-member Small Stationary Source Advisory Panel, contact:

Carolyn Embry American Lung Association P.O. Box 9067 Louisville, Kentucky 40209

Tom Fitzgerald, Director Kentucky Resources Council P.O. Box 1070 Frankfort, Kentucky 4060 1

John Trout, Assistant Director Jefferson Co. Air Pollution Control District 850 Barrett Avenue Louisville, Kentucky 40204

Donna Shacklette 1700 Marlowe Drive Louisville, Kentucky 402 16

Diana Andrews, Assistant Director Division for Air Quality 803 Schenkel Lane Frankfort, Kentucky 4060 1

Patty Kirk Dept. for Community Development Capital Plaza Tower Frankfort, Kentucky 4060 1

Stephen R. NUM 121 East Main Street Glasgow, Kentucky 42 14 1

David Disponett Dave Disponett Bldg. Contractor, Inc. 1260 Bypass Road Lawrenceburg, Kentucky 40342

Harry H. Hoe P.O. Box 1737 Middlesboro, Kentucky 40965

62

Division For Air Quality

The Division for Air Quality is part of the Department for Environmental Protection. The Department is one of four departments that make up the Natural Resources and Environmental Protection Cabinet. The Division for Air Quality consists of six branches. A summary of each branch's activities is listed below.

Program Planning and Administration

This branch plans new programs needed to improve all of Kentucky's air quality to meet federal clean air standards. The people in the branch work with the federal EPA on regulatory and new program issues. This branch is also responsible for preparing the budget, employee training, and keeping track of the equipment.

Technical Services

This branch operates and maintains the air quality monitoring network. There are all kinds of air monitors located in Kentucky. They measure concentrations of all the criteria pollutants. Criteria pollutants are ozone, particulate matter less than 10 microns (tiny particles of dust that gets in our lungs) nitrogen oxides, sulfbr dioxide, carbon monoxide, and lead. This branch also collects and computerizes data from permit application forms and annual emission reports submitted by industry.

Asbestos Abatement

This branch insures trained and certified asbestos abatement contractors remove this cancer cause. Branch personnel inspect asbestos projects at our schools and public buildings to reduce the chance of release of asbestos fibers into the air (and eventually into our lungs).

Enforcement

This is the group of people to avoid because extensive dealings with them may cost you time and money. Someone who violates a state air quality regulation, even after being notified and given an opportunity to correct the problem, gets to meet with the enforcement group.

63

Permit Review

This branch reviews permit applications, prepares the permit for official signature and works with the applicant on setting emission limits that not only protects the air but also allows for some flexibility in the operation of the facility. There are concerns regarding the timely issuance of permits but remember there are more businesses filing permit applications than there are people to review them.

Compliance

The people of this branch can be your best friends in air quality. They will answer questions, explain control equipment, and offer suggestions to help you be in compliance. They ensure the facility operates by the terms and conditions in the air quality permit. They also investigate complaints, and deal with open burning of garbage, tires, and other things.

The DAQs main office is located at: 803 Schenkel Lane

Frankfort, Kentucky 40601

PHONE (502) 573-3382

Local Authority

The Air Pollution Control District of Jefferson County has the responsibility of implementing the Clean Air Act Amendments in Jefferson County. These activities include the Title V Operating Permit program and enforcement of air quality regulations. District personnel will provide permitting assistance to the county's small businesses. For more information contact:

Billy J. Sexton, P.E. Director Air Pollution Control District of Jefferson County

850 Barrett Avenue Louisville, Kentucky 40204

(502) 574-6000

64

Kentucky Small Business Development Centers

The strength of Kentucky's economic growth is based in part on the Smau business c o d and its ability to get products to market. Small businesses are important to Kentucky. That's why the Kentucky Small Business Development Center (KSBDC) offers assistance to help business owners grow and develop successll, thriving businesses.

For more information concerning the Kentucky Small Business Dwelopment Center or the Center of Business Development contact:

CENTRAL KENTUCKY DISTRICT

Lexington Area SBDC UK - Dowatowa Center Fourth Floor C ~ n t n l L i i Building 140 East Main Strect Lcrmstop KY 40507-1376 (606) 257-7666

Elizabethtown SBDC 238 West Dixie Avenue Elitabcthtows KY 42701 (502) 7656737 LouAnaAUce Director

Bowling Green SBDC

2355 Nashvine Road Bowling Grrnr ICY 42101

Richard S. Horn Director

western Kentucky univmity

(502) 745-1 905

Northern KcntucLy SBDC Nonhcm Kentucky University BEP Center 463 &hhd Hqhts. KY 41099-0506 (606) 5724524 Sutton Landry, Dirrctar

South Central SBDC

107 W. Mt. Vanon S M Somend KY 42501

Eastm Kentucky univmity

(606) 678-5520 Donnid R Snyder. Director

Sourheast SBDC sauthcart Commrmity college Room 113, chnsnan Hall cIII13berfandKY 40823 (606) 5894514 Kathleen Moats, Director

STATE OFFICE Kentucky SnuU Business

Dcvclopmcnt a n t a

uni- of Kumclqr T s B u s i n e s s d ~ .Brnlding LexmgmLKY 405o60034 (606) 257-7668; F a (606) 323-1907 Janet St& Holloway, State Dkctor

GREATER LOUISVILLE DISTRICT

&Uarminc College SBDC Bellarmint College School of Business 2001 NewbrpgRoad LolrisvilIe, KY 402054671 (502) 452-8282 Thomas 0. Daley, Director

WEST KENTUCKY DISTRICT

West Kentucky SBDC Mumy State Univcmty P.O. Box 9 Murray, KY 42071 (502) 762-2856 Rosemary Miller, Director

owe* SBDC 3860 US. Highway 60 West owaUbom,KY 42301 (502) 926-8085 M i C k ~ J O l I W X b M -

EAST KENTUCKY DISTRICT

Morehead SBDC M d d State U n i w 207 lh"g Hail Mmcha~l,KY 40351 (606) 783-2895 WiISon Gria, District Director Keith Moon% Dirccta

AshIand SBDC BoydGrrcnup cmty chamber of

C o " x B w P. 0. Box 830 207 15th S h u t Ashland KY 411054830 (606) 329-801 1 z E i m J e n k i n s , U

pllpvillc SBDC Jrutlce Office Building

Pikde. KY 41501

Michaci Morlcy, Director

Rt 7.110 vsage St (606) 432-5848

SPECIALTY CENTER

Section 4.6 Resources used in preparing this manual

1) What a S mall Business S hould Know About t he New Clean Air Act, U.S. EPA, EPA Document EPA- 180-F-93-00 1, November 1993

2) The Clean Air Act Amendments of 1990 - A Guide for Small Businesses, U.S. EPA, EPA Document 450-K-92-00 1, September 1992

3) Tennessee Environmental Law Letter - Technical Supplement No. 3, May 1994

4) The Plain English Guide to t he Clean Air Act, U.S. EPA, EPA Document 400-K-93-001, April 1993

5) What You Can Do to Reduce Air Pollution, U. S. EPA, EPA Document 450-K-92-002, October 1992

6) Pollution Pre vention in South Ca rolina, Volume 11, Numbers 2 & 3, 1994

7) Clean Air Act Co mpliance: What Facilities Should Do Now, by Robert Polito and William J. March, Ph.D., A P E Facilities, May/June 199 1

8) Steps for Continual Clean Air Act Co mpliance, by Duane A. Miller, AIPE Facilities, JanuaryFebruary 1993

9) Clean Air Act Primer, Environmental Resources Management Group, May 1993

10) Presentations and Interviews with personnel of the Tennessee Department of Environment and Conservation, Division of Air Pollution Control; Nashville/ Davidson County Health Department Pollution Control Division; Chattanooga/ Hamilton County Air Pollution Control Bureau; Knox County Air Pollution Control; and Memphis/ Shelby County Health Department.

11) Presentation by Jack L. Mayfield, an associate with Baker, Worthington, Crossley & Stansberry, Johnson City, TN.

12) Clean Air Act Amendments of 1990 and the Kentucky State Implementation Plan.

13) On a Clear Day You Ca n Understand the Clean Air Act, The University of Tennessee, April 1995.

66

Section 4.7 Glossary (resources ‘ v6y9 )

Attainment Area - A geographic area in which levels of a criteria pollutant meet the health-based primary standard for the pollutant. An area may have an acceptable level for one pollutant, but have unacceptable levels for others; therefore, an area can be an attainment area and nonattainment at the same time.

Best Available Control Technology (BACT) - The control technology required of certain sources in attainment areas under the Prevention of Significant Deterioration (PSD) Program.

Carbon Monoxide (CO) - A criteria pollutant. Odorless and colorless gas emitted in motor vehicle exhaust and other kinds of engines where there is incomplete combustion of a fossil &el.

Conditional Major - A source that would otherwise be considered a major source under potential to emit conditions if it were not for a mutually agreed upon, more restrictive, federally enforceable limit than that prescribed by regulation or a more restrictive permit limit upon operating hours and/or production rates than that would otherwise be possible at the source.

Criteria Pollutants - Ozone (Volatile Organic Compounds and Nitrogen Oxides are precursors), Carbon Monoxide, Particulate Matter (PM- lo), Nitrogen Dioxide, Sulhr Dioxide, and Lead. Substances and chemicals found throughout the country; at sufficient levels in the atmosphere, they pose health and environmental hazards.

Fugitive Emissions - Releases of a pollutant from no specific point of discharge constituting a stack.. Example: VOC leaks from pumps, valves, flanges, and compressors.

Generally Available Control Technology (GACT) - The Hazardous Air Pollutant control technology specified under the regulations for minor sources.

Hazardous Air Pollutants (HAPS) - Air pollutants regulated by Section 112 of the Clean Air Act. EPA has listed 189 H A P S and is in the process of developing the emission regulations (National Emission Standards for Hazardous Air Pollutants ( N E S H A P S ) ) for these pollutants. See list of H A P S , Section 4.1.

Lead (Pb) - A criteria pollutant. Emitted from leaded fuels, coal combustion, smelters, and car battery plants.

Lowest Achievable Emission Rate (LAER) - The control technology required of certain sources in nonattainment areas for criteria pollutants.

67

Major Source - Any stationary source (or group of stationary sources located on contiguous or adjacent properties, and under common control) belonging to a single major industrial grouping that emits - or has the potential to emit - air pollutants as defined by the specific air regulations (i.e., Title I, Title 111, or Title V).

Maximum Achievable Control Technology (MACT) - The control technology required of major sources under the Hazardous Air Pollutant program. For existing sources, this will be based on the average emissions from the best 12% of the sources in that source category.

Minor Source - A stationary source that does not emit air pollutants above the levels established by the air regulations for major sources.

Mobile Sources - a source of air pollutants that is mobile. Examples: Automobiles, airplanes.

National Ambient Air Quality Standards (NAAQS) - The national ambient air standards for the criteria pollutants.

National Emission Standards for Hazardous Air Pollutants (NESHAPS) - Air regulations established for Hazardous Air Pollutants, listed in Section 4.1.

New Source Performance Standard (NSPS) - Standards for pollutant emissions from specific sources constructed after 1971. EPA has established these standards for over 60 industrial categories.

Nitrogen Dioxide - A criteria pollutant. Produced by burning fuels, nitrogen dioxide is a component in smog and acid rain.

Nitrogen Oxide - A precursor of ozone. Regulated to control the formation of ozone.

Nonattainment Area - A geographic area that does not meet one or more of the national ambient air quality standards established for the criteria pollutants.

Ozone - A criteria pollutant. A colorless gas that is the major constituent of smog at the earth’s surface. In the upper atmosphere (stratosphere) ozone protects us from harmful sun rays.

Particulate Matter (PM-10) - A criteria pollutant. Solid matter or liquid droplets from smoke, dust, fly ash, and condensing vapors that can remain suspended in the air for long periods of time.

Reasonably Available Control Technology (RACT) - The control technology required of existing major sources in nonattainment areas for criteria pollutants.

Potential to Emit - The maximum design capacity of a stationary source to emit a pollutant under its physical and operational design.

68

Responsible Official - For a corporation: a corporate officer, other person in charge of a principal business hnction, or a duly authorized representative responsible for the overall operation of a facility (Plant Manager) if either: 250 persons employed or $25MM in sales or expenditures, or the delegation is approved in advance by NREPC.

For a partnership: a general partner

For a sole proprietorship: the proprietor

For a government agency: Principal executive officer or ranking elected official

Stationary Source - a source of air pollutants that is stationary. Examples: industrial plants, commercial businesses, incinerators.

Stack Emissions - Releases of a pollutant through a pipe, vent, fan or definite point.

Sulfur Dioxide - A criteria pollutant. A gas produced by burning coal, paper production, or smelting metals that plays an important role in the production of acid rain.

Synthetic Minor - A source that accepts voluntary limits on a permit to avoid Title I requirements.

Volatile Organic Compounds (VOCs) - Organic chemicals that react in the atmosphere with nitrogen oxides, in the presence of sunlight, to form ozone.

69

Notice

This handbook, The Clean Air Act and Your Small Business, has been prepared by the Kentucky Business Environmental Assistance Program. Neither the publishers of this handbook nor any persons acting on their behalf

a,) make any warranty or representation, expressed or implied, with respect to the use of any information, apparatus, method, or process disclosed in this document may not infringe on privately owned rights; or

b.) assume any liabilities with respect to the use o f , or from damages resulting from the use of any information, apparatus, method, or process disclosed in this document.

DISCLAIMER

The material offered in this handbook is not intended to be a recommendation of any particular environmental compliance strategy. Rather, this handbook is offered for educational and informational purposes and is advisory only. Compliance with environmental and occupational safety and health laws is the responsibility of each individual business. When using this handbook and making any decision concerning compliance or waste reduction, it is highly recommended that the particular facts and circumstances should be reviewed by appropriately trained professionals and consultants. This document does not necessarily reflect the views and policies of the University of Kentucky or the Kentucky Natural Resources and Environmental Protection Cabinet. The use of specific brand names or products should not be construed as an endorsement by U.K. or KNREPC.

U.K. and KNREPC are equal opportunity and affirmative action employers. U.K. and KNREPC ensures that the benefits of its State assisted programs are available to all eligible persons regardless of race, color, national origin, handicap, age, or veteran status.

This material may be used, in whole or in part, without permission. As such, it may not be copyrighted in any form. When copying, please include this NOTICE and acknowledge the University of Tennessee Center for Industrial Services and the Tennessee Department of Environment and Conservation, the Kentucky Business Environmental Assistance Program, the Kentucky Natural Resources and Environmental Protection Cabinet and the University of Kentucky.

70