New Addition to the Federal HAPs List
New Addition to the Federal List of Hazardous Air Pollutants (HAPs)
The EPA has granted petitions from the Halogenated Solvents Industry Alliance (HSIA) and New York State Department of Environmental Conservation (NYSDEC) to add 1‐bromopropane (1‐BP) to the list of Hazardous Air Pollutants found in 40 CFR Part 63, subpart C. This is the first occasion on which the EPA is adding a substance to this list since the list was created in 1990. Only four amendments to the list have occurred since its inception and these were only to remove or delist substances.
What is 1‐BP?
1‐Bromopropane (CAS #106‐94‐5) or 1‐BP is a halogenated organic compound that appears as a colorless liquid at room temperature (~70F). 1‐BP has a relatively high vapor pressure of 146 mmHg, low boiling point of 160F, and low flash point around 75F. This substance is used predominantly as a solvent cleaner/degreaser for plastic and metal surfaces or to remove soldering residues from electronic circuit boards; however, this substance has numerous other uses that include but are not limited to dry cleaning, adhesives and adhesive accelerant, mold release agent, solvent in aerosol spray applications (often used to glue foam cushions together), asphalt production, synthetic fiber production, and as an intermediate chemical in chemical manufacturing operations for pharmaceuticals and agricultural products.
When will 1‐BP be officially added to the list of HAP?
The EPA issued this amendment on January 4th, 2022 with a 30‐day delay of efficacy. Therefore, the updated final rule will become effective on February 4th, 2022.
What do I need to do?
After February 4th, 2022, any potential or actual emissions calculations for total HAP at your facility should include emissions of 1‐BP (if such emissions occur at your facility). The first step is to review all of the Safety Data Sheets (SDSs) for products used at your facility to determine whether any of the products contain 1‐BP as a chemical constituent. The usage rate of products that contain 1‐BP can be used in tandem with the products’ SDS to determine additional HAP emissions. If these additional emissions cause the facility to exceed either of the major source thresholds for HAP emissions (10 tons per year of a single HAP or 25 tons per year of total HAP), then the facility will be required to submit a major source operating permit application. EPA has stated that additional guidance may be provided upon promulgation of the updated rule. An addendum to this article will be issued if such guidance is provided by EPA.
What other actions might the EPA take moving forward?
According to Section 112 of the Clean Air Act, “EPA has a clear statutory obligation under the statute to set emission standards for each listed HAP.” Therefore, it can be known that EPA will issue additional regulatory infrastructure to address the impacts, implications, and requirements associated with the addition of 1‐BP to the list of HAP. There is no specific time period for setting such emissions standards. It is likely that the EPA will begin by establishing additional emissions standards for 1‐BP under the Halogenated Solvent Cleaning NESHAP (40 CFR Part 63 Subpart T) but this will likely take several years to complete.
The final rule and additional resources can be found here.