Search

Question of the Week: Hazardous Air Pollutants: Part 61 vs. Part 63

Posted on 8/9/2011 by James Griffin

Q. What is the difference between the “original” National Emissions Standards for Hazardous Air Pollutants (NESHAPs) of 40 CFR 61 and the “new” NESHAPs of 40 CFR 63?
 
A. Congress, through the Clean Air Act (CAA) of 1970, required the EPA to identify Hazardous Air Pollutants (HAP) and promulgate standards for each HAP. Between 1971 and 1990, the EPA published emissions standards for each identified HAP in Part 61. But, in almost twenty years, the Agency only identified eight HAPs (asbestos, benzene, beryllium, coke oven emissions, inorganic arsenic, mercury, radionuclides, and vinyl chloride).
 
This pace was too slow for Congress, so as part of the Clean Air Act Amendments of 1990, they added a list of 189 HAPs to Section 112 of the CAA and gave EPA a specific schedule to issue final standards on sources of HAPs. Most of these Congressionally mandated HAPs were volatile organic compounds or toxic heavy metals.
 
That’s the history. What’s the difference in the standards themselves?
 
Standards in Part 61 apply based on the activity you are doing and what hazardous air pollutants that may emit (for example: demolition and renovation of old buildings may emit asbestos or fugitive emissions of benzene from storage tanks). If you are performing an activity identified in Part 61, you must perform whatever actions or implement whatever controls are required for that type of source to reduce your HAP emissions. If you do not perform any of the activities identified in Part 61, then Part 61 does not apply to you. [40 CFR 61.01(c)]
 
The more than 100 standards in Part 63 apply based on the industrial classification of your facility, not to specified activities, and are further broken down with alternative standards for “major sources” and “area sources.” [40 CFR 63.1(b)(1)]
 
A major source is one that emits or has the potential to emit ten (10) tons per year or more of any single HAP, or 25 tons per year or more of any combination of HAP (for example: lead smelters, dry cleaners, pulp and paper production). Major sources are supposed to use Maximum Achievable Control Technology (MACT) in order to reduce their HAP emissions.
 
An area source is a facility that does not emit enough HAP to be a major source, but is specifically identified by the EPA in Part 63. Area sources are supposed to use Generally Available Control Technology (GACT) to control their HAP emissions. GACT is generally considered to be a less burdensome requirement than MACT.
 
If your facility is not a major source of HAPs, and is not specifically identified in Part 63 as an area source, then Part 63 does not apply to you.
 

Tags: Clean Air Act, EPA, reporting and recordkeeping

Find a Post

Compliance Archives

Lion - Quotes

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

Download Our Latest Whitepaper

A guide to developing standard operating procedures, or SOPs, that help you select, manage, and audit your hazmat agents and contractors.

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.