Air Toxics Regulations Under the Clean Air Act Amendments

INTRODUCTION On November 15, 1990, President Bush signed the Clean Air Act Amendments of 1990. These Amendments cover many aspects of air pollution control. The provisions which seek to control emissions of "air toxics" may, however, be the most far-reaching and will potentially have the greatest effect on American industry. The Administration has estimated that by the year 2005 industry will be spending $6.7 billion per year on air toxics control. Meanwhile, the Business Round Table has estimated that the price will be far higher, up to $62 billion per year, depending on how EPA and the States implement the program. BASIC REQUIREMENTS Any "major" source of emissions of 189 air toxics will be required to install "MACT." The translation of this statement requires some definitions: •MAJOR SOURCE - A facility (a contiguous property under single ownership and control) which has actual emissions of 10 tons or more per year of any single one of the air toxics or 25 tons per year of any combination of air toxics. •AIR TOXICS - Congress has provided a list of the 189 chemicals on this list. Those that may be important to the mining industry are shown on Table 1. This list can be changed by petition or by EPA. •MACT - Maximum Achievable Control Technology is to be defined by EPA for each industrial source category. EPA says there are about 400 categories. The Act defines MACT as: "the average emission limit achieved by the best performing 12% of the existing sources ... for categories with 30 sources or more" or, "the average emission limitation achieved by the best performing 5 sources in the category." TABLE 1 SELECTED AIR TOXICS FROM CLEAN AIR ACT LIST IMPORTANT TO MINING INDUSTRY Antimony Compounds Arsenic compounds (inorganic including arsenic)' Beryllium Compounds' Cadmium Compounds Chromium Compounds Colbalt Compounds Cyanide Compounds (dissociation compounds) Lead Compounds' Manganese Compounds Mercury Compounds' Fine Mineral Fibers Nickel Compounds Radionuclides (including radon)1 Selenium Compounds 1Previously listed under NESHAP 2The Administration may not list elemental lead as a hazardous air pollutant.