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R&D NESHAP Source Category Listing Stakeholders' Meeting
Emissions Standards Division
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
November 18, 1997
Durham, North Carolina
Overview Of Meeting
Relevant Clean Air Act (CAA)
Sections
Legal Issues
Project Status
Statutory Listing Requirement
CAA 112(c)(1)
Requirement to list categories of major sources of hazardous air pollutants
(HAP)
Statutory R&D Requirements 112(c)(7)
"The Administrator
shall establish a separate category covering research or laboratory
facilities, as necessary to assure the equitable treatment of such
facilities."
"For purposes of this section, 'research or laboratory facility'
means any stationary source whose primary purpose is to conduct research
and development into new processes and products, where such source
is operated under the close supervision of technically trained personnel
and is not engaged in the manufacture of products for commercial sale
in commerce, except in a de minimis manner."
Authority to Regulate
Area Sources
CAA 112(c)(3)
The EPA has no evidence of a need to list area R&D sources now. An R&D facility located at a facility that is major for HAP is considered a major source.
Legal Issues
The EPA received a number of comments concerning legal issues. OGC's current position: 112(c)(7) provides some flexibility in how we define the sources that would be included in an R&D category and in how we regulate those sources in the event that we determine that listing is necessary. Additional discussions on OGC's position concerning legal issues will occur after we have received and analyzed more technical data.
Project Status
Advance Notice of Proposed
Rulemaking (ANPR) published on 5-12-97 at 62 FR 25877
110 Public Comments Received
Comments reviewed & summarized
Anticipate the summary will be available to the public by the end of
January
Comments helpful in determining legal issues, but not sufficient technical
data to make a listing decision
EPA currently gathering information to make the listing decision - industry
structure - current and historical emissions - controls
If R&D listed as a category of major sources of HAP, a National
Emission Standard for Hazardous Air Pollutants (NESHAP) regulation must
be developed
- Based on the Maximum Achievable Control Technology (MACT)
- Promulgated within 2 years after listing or by 11-15-2000, whichever
is later.
Information Gathering To Date
Information Sources
Survey of 21 State/Local Agencies
- Those commenting on Title V R&D
- Others known to have R&D rules or industry
- Did not cover all districts in some State/local agencies surveyed
- Accurate emissions information often not available
8 Site Visits
- EPA's largest laboratory (ERC)
- Pharmaceutical, chemical, consumer products
Some Emissions Information from 168 facilities More Detailed Information
from 16 facilities
Summary of Information
to Date
At least 2-3 stand alone R&D sources appear to be major
sources based on actual HAP emissions. We believe there are a significant
number of R&D operations collocated with manufacturing facilities
that are major sources. But we have limited information on typical emission
levels or the number of facilities.
Of R&D facilities surveyed, most with pilot plants also had emission
controls. Similar facilities without controls would likely emit sufficient
HAP to be major by themselves.
State/local requirements vary greatly
- Many have no regulations for R&D
- If regulated, differences on HAP covered, requirements for HAP, and
de minimis cutoffs
Emissions
- The majority of the emissions potential appears to be from pilot
plants.
- Typically emissions from bench scale laboratory R&D are below
1-2 TPY uncontrolled, even for laboratories with several hundred fume
hoods. One stand alone laboratory that may be major
Add-on Control Devices
on Pilot Plants
- Scrubbers
- Carbon Adsorbers
- Condensers
- Thermal Oxidizers
- Catalytic Oxidizers
- Baghouses
- HEPA Filters
- Filtration Devices
- Flares
- Solvent Recovery System
- Dust Collectors
Add-on Control Devices
on R&D Laboratories
- Carbon Canisters
Limitations of Data Gathering to Date
Frequently unable to get
conclusive emissions information
- Total VOC rather than HAP emissions data
- Total plantsite emissions rather than R&D emissions
- Permitted limits do not reflect actual emissions
- Many facilities reported they could not or have not estimated emissions.
Incomplete information in some State/local agencies
- Title V applications not submitted/processed
- No tracking of HAP
Additional Information For Possible Listing Decision
Information Needs
Stand alone & collocated
R&D
- Comprehensive list of stand alone and collocated R&D in all
State/local jurisdictions
- Actual HAP emissions data from pilot plants & labs
- Actual plantwide HAP emissions data
- Control devices used
- How the actual emissions and potential to emit (if calculated) were
determined
- Regulatory and permit requirements for R&D facilities
What are the inherent or operational limits on Potential to Emit (PTE)?
Instances/information about pilot plants in academic settings.
What regulations/policies would both meet statutory requirements and
allow flexibility?
Other information?
How Will Data Be Collected?
Best approach to reach all facilities
- Trade groups? Which?
- Other?
Other ideas?
When Will Data Be Available?
Develop preliminary schedule
Dates for sending/receiving information
Possible Options If Listing Occurs
Will use only if a decision to list is made.
Will help data gathering to determine whether to list, and if so, what to list.
List one source category
covering all R&D in all industries
- 7 public commenters supported; 12 opposed a single R&D rule For
each listed industrial source category of HAP, list a corresponding
R&D source category (e.g., pharmaceutical R&D NESHAP).
- 1 public commenter supported this option.
Include R&D with collocated
manufacturing source category (e.g., semiconductor NESHAP would include
provisions for semiconductor R&D).
- 2 public commenters supported this option. List source categories
for labs, pilot plants, and other R&D categories.
List separate categories
for educational, medical, and non-commercial.
- 2 public commenters supported this option.
Others?
Potential To Emit
Methods to Determine
Inherent Limitations on R&D Emissions
Methods to Determine PTE
Chemical Use
- 100 percent purchased
emitted
- Emission Factor
Lab Hood Use
R&D Personnel
Emissions Testing
Additional Methods?
Inherent Limitations on R&D Emissions
Number of product days
Amount of product
Amount of chemicals used
Number of lab hoods
Hours of operation
Number of R&D staff
Amount/size of pilot plant equipment
Restriction on operations due to FDA/other regs
Inherent Limitations on PTE
Others?
Title V Issues
-
If subject to NESHAP, subject
to Title V per CAA 501(2)(A)
- Absent R&D NESHAP, R&D being major does not necessarily pull the rest of the plantsite into Title V.
- Absent R&D NESHAP, R&D can be major for HAP and have no substantive Title V requirements.
EPA Realizes Need for Flexibility
- We have the option to exclude sources that are not major for HAP from Title V, even if the source is major for criteria pollutants.
- We can structure a potential rule and the permitting requirements so that R&D facilities have the flexibility to change processes, chemicals, and controls without having to modify the permit.
- Other ideas?
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