EPA Finalizes the Addition of 1-Bromopropane to the HAP List Under Section 112 of FCAA

On January 5, 2022, the EPA published a Final Rule in the Federal Register which officially adds 1-Bromopropane (1‑BP) to the list of hazardous air pollutants (HAPs) regulated under Section 112 of the Federal Clean Air Act (FCAA).  This rule goes into effect on February 4, 2022.

The EPA amended the HAP list in response to public petitions previously granted by the agency, and the EPA understands that adding 1-BP to the HAP list will have immediate regulatory compliance impacts to facilities which emit this substance (material, pollutant).

This rulemaking is important in several ways:

• This is the first time that a substance is being added to the HAP list since the list was initially established by the 1990 FCAA amendments.
• 1-BP is used in a number of different manufacturing processes (including chemical production and coating operations) and for a variety of purposes (including use as a solvent in the cleaning of metal and plastic tubes and rods, solvent cleaning machines, and as an applied cleaner/degreaser).
• The impacts of adding 1-BP to the HAP list may also affect other regulatory agencies (state, local, and tribal) that have the authority to implement National Emission Standards for Hazardous Air Pollutants (NESHAPs) requirements under their respective delegations and Title V programs.
• Beginning on February 4, 2022 (the effective date of the rule), a facility must include 1-BP in its PTE.   
• The facility will need to follow Title V requirements if the source becomes a HAP major source.
• As a HAP major source, the facility will need to comply with applicable requirements under Title 40 Code of Federal Regulations, Part  63.
• If classified as a major source, the source will be subject to the permitting requirements for major sources under Title V and must submit a timely permit application within 12 months after becoming subject to the permit program.
• A facility that would become a major source of HAPs because of the inclusion of 1-BP can take action to reduce its PTE below major source thresholds and become an area source.
• “The EPA is aware of the circumstances and equities created by listing 1-BP as a HAP and will consider such circumstances and equities on a case-by-case basis when determining the nature and extent of any potential noncompliance with CAA requirements.”

A copy of the EPA’s rule can be found here:

https://www.govinfo.gov/content/pkg/FR-2022-01-05/pdf/2021-28315.pdf

And a copy of the EPA’s “CAA 112 Hazardous Air Pollutant Questions and Answers” document can be found here:

https://www.epa.gov/system/files/documents/2022-01/1bp-q-and-a-document-final.pdf

Stay tuned as Spirit Environmental continues to monitor important air quality issues.