The United States Environmental Protection Agency (EPA) recently proposed updates to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for the hazardous organic NESHAP (HON), Polymers and Resins Group I and II (P&R I and II), and the New Source Performance Standards (NSPS) for the synthetic organic chemicals manufacturing industry (SOCMI). The proposed changes aim to significantly reduce the emission of hazardous air pollutants (HAPs) from over 200 chemical plants across the United States. HAPs are known or suspected to cause cancer in humans and can have serious health effects even in small quantities. The updated rules, once finalized, are expected to benefit over 2 million people, including many vulnerable communities living near chemical plants.

The proposed rule will require every facility throughout the U.S. to reduce air toxic emissions, including 6,053 tons per year of air toxics, 23,500 tons per year of volatile organic compounds (VOCs), and 58 tons per year of ethylene oxide (EtO) and 14 tons per year of chloroprene, which are linked to cancer. The rule also includes tighter requirements for emission sources of EtO and chloroprene, new emissions limits for dioxins and furans, and the removal of general exemptions from emissions control requirements during periods of startup, shutdown, and malfunction.

Community-based risk assessment was used to evaluate the risks associated with living near the 207 HON facilities that were assessed for risk. Of the 9.3 million people living within 10 km of the HON facilities, the American, Hispanic or Latino population risk is substantially higher than the national average. The proposed rule includes fenceline monitoring for six key air toxics, including EtO and chloroprene. If concentrations are above an action level, owners/operators would have to find the cause and correct it, and EPA would make monitoring data available to the public.

The comment period for the proposed rule will open when the proposed rule is published in the Federal Register, and will typically range from 30-60 days but may be longer or shorter. The EPA’s preference is to receive comments through the Federal eRulemaking portal at regulations.gov.

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