Search

EPA May Repeal "Fugitive Emissions" Exemption from Air Programs

Posted on 10/17/2022 by Roger Marks

US EPA has proposed to repeal amendments to the Clean Air Act that exempt “fugitive emissions” from counting toward key permitting thresholds under two New Source Review (NSR) programs for existing major sources in some industry categories.    

If the amendments are repealed, all major sources will be required to include fugitive emissions when determining whether a facility modification is “major” or not under NSR.

Amendments to the Clean Air Act standards made in 2008 allowed source categories that are not listed in the regulations to exclude fugitive emissions from the “major modification” count (see “Fugitive Emissions Rule”, 72 FR 77882).

The proposed change will impact existing major sources of air pollution only. The proposed action will not change the way fugitive emissions are handled when making a “major source” determination.

EPA will accept public comments on the proposed rule until December 13, 2022. In the October 14 Federal Register, EPA also says that “If anyone contacts EPA requesting a public hearing by October 19, 2022, the EPA will hold a virtual public hearing.”

What Are Fugitive Emissions?

Under the New Source Review program, EPA defines “fugitive emissions” this way:

Fugitive emissions means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

[40 CFR 51.166(b)(20)]

Volatile organic compounds (VOCs) leaking from pipes or equipment at a petroleum refinery is an example of fugitive emissions that EPA provides in its proposal (87 FR 62325).

Read More: What is a Major Modification Under New Source Review?

How Does This Affect New Source Review (NSR)?

Before a physical or operational change can be made at an existing major source facility, the business must consider additional pollution that the change will cause. A modification is considered a major modification if it will cause a “significant net increase” in emissions of a regulated NSR pollutant or pollutants.  

NSR regulated pollutants are the six “criteria pollutants” and their precursors—carbon monoxide, nitrogen oxides, sulfur dioxide, particulate matter, ozone (and VOCs), and lead.

Major modifications require a permit under the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs. PSD and NNSR apply in areas designated as in attainment or in non-attainment of air pollution limits for NSR regulated pollutants, respectively.

If currently exempted major sources are required to count fugitive emissions in the future, and if those fugitive emissions cause a modification to exceed a threshold for any covered pollutant, a permit will be required before the modification can be made.

EPA May Repeal "Fugitive Emissions" Exemption from Air Programs

Final Environmental Training in 2022

Managing site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, EPCRA, CERCLA, and more—is a major challenge.

If you’re new to the field or need an update on changing EPA rules, don’t miss Lion’s final Complete Environmental Regulations Webinar of the year on December 5—6.  

Or train on environmental compliance topics at your own pace: 

Complete Environmental Regulations
Clean Air Act Regulations Online
TSCA Regulations Online
Clean Water Act & SDWA Regulations Online
Superfund and Right-to-Know Act Regulations Online 
 

Tags: air pollution, Clean Air Act, environmental compliance, fugitive emissions, New Source Review

Find a Post

Compliance Archives

Lion - Quotes

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

The instructor made the class very enjoyable and catered to the needs of our group.

Sarah Baker

Planner

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

I chose Lion's online webinar because it is simple, effective, and easily accessible.

Jeremy Bost

Environmental Health & Safety Technician

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.