RI Department of Environmental Management

 

MEMORANDUM

 

To:	Air Toxics Stakeholders Group	Date:	5 March 2003
From:	Barbara Morin Officeof Air Resources
Subject:	Proposed Changes to Sections 22.2 and 22.4

 

 

Attached are draft changes to Sections 22.2 (Applicability and Exemptions) and 22.4 (Requirements for Registration) of the amended regulation. These changes were drafted in response to the issues discussed at the 20 February meeting of the stakeholders group. Thanks to Stacey McFadden of LFR for her assistance in talking out these issues and developing the language. An explanation of the draft changes follows.

 

The Applicability section was changed so that the regulation would apply only to sources that emit (not just use) listed toxic air contaminants.

 

The exemption for fuel burning equipment was clarified to state that standby internal combustion engines operating less than 500 hours per year would be exempt. Note that cogeneration facilities were not exempted because of concerns about potential emissions from those sources.

 

Asbestos and lead paint abatement projects were exempted because those projects are already regulated under Department of Health and/or (in the case of exterior lead paint removal) another DEM regulation.

 

The applicability thresholds (Minimum Quantities or MQs) that trigger annual registration requirements were changed so that they are emissions-based rather than use-based. Therefore, facilities that use listed toxics in processes which do not have significant emissions (e.g. plumbers using copper piping) would not be required to report. Note, however, that Regulation No. 14 will continue to require all facilities that emit air contaminants to submit information necessary to determine if the facility is in compliance with air pollution control regulations at the request of DEM. Therefore, DEM will retain the authority to request information from facilities that allows us to check emissions calculations and to make Regulation No. 22 applicability determinations. This is essential because facilities often have difficulty calculating their emissions.

 

The requirements for reporting maximum hourly and daily emissions were removed, consistent with the removal of the hourly and daily MQs.

 

A provision was added that states that a listed substance present in a mixture need only be reported if that substance is listed on the Material Safety Data Sheets (MSDS) for the mixture. OSHA requires substances in a mixture to be listed on the mixture’s MSDS if they are present in concentrations greater than 1% (0.1% for carcinogens).

 

Since the MQs will be emissions-based, there will no longer a need for facilities to register before first use of a listed air toxic if the use but not the emissions will exceed an MQ and, consequently, Section 22.4.2 of the proposed regulation has been removed. Note, however, that facilities that initiate use of a listed substance such that emissions will exceed the MQ will still be required to obtain a preconstruction permit prior to first use.

 

I look forward to discussing these draft changes with the group at the 12 March meeting. If you cannot attend the meeting and have comments on these changes, please contact me at 222-7700, extension 7012  (email bmorin@dem.state.ri.us).