On June 11, 2021, the EPA published an “Advanced Notice of Proposed Rulemaking” in the Federal Register. This notice concerns the addition of 1-Bromopropane (1‑BP) to the list of Hazardous Air Pollutants (HAPs) regulated under Section 112 of the Federal Clean Air Act (FCAA).
The EPA has previously granted a public petition to add 1-BP to the HAP list; however, the EPA is also publishing this advanced notice so they can solicit information (including usage, emission control devices or practices utilized, and associated costs) that will aid in addressing the “implementation of the upcoming listing action and to ensure that the regulatory infrastructure is in place to effectively and efficiency control the emissions of 1-BP.” The EPA understands that adding 1-BP to the HAP list could have immediate regulatory compliance impacts to facilities which emit this substance (material, pollutant). The EPA is also requesting comments on available alternatives for 1-BP, and any impediments to the replacement of 1-BP.
This proposed rulemaking is important in several ways:
- This is the first time that a substance will be 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 processes (including chemical production, coating operations) and for a variety of purposes (including use as a solvent in plastic parts coating operations and as a cleaner/degreaser).
- In some cases, permits for planned construction, reconstruction, or modification of emission sources handling/emitting 1-BP may be affected.
- 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 program.
Within the Advanced Notice of Proposed Rulemaking, the EPA is making it clear that the decision to add 1-BP to the HAP list has already been made and that they will not be taking comments on that particular issue; however, they are seeking information that will be used to make their rulemaking more efficient. The EPA comment deadline is on or before July 26, 2021.
Stay tuned as Spirit Environmental continues to monitor this and other important air quality issues.