View Source

42 U.S. Code § 7412

Hazardous air pollutants

42 U.S. Code § 7412. Hazardous air pollutants

(a) DefinitionsFor purposes of this section, except subsection (r)—
(1) Major source
The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors.
(2) Area source
The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II.
(3) Stationary source
The term “stationary source” shall have the same meaning as such term has under section 7411(a) of this title.
(4) New source
The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source.
(5) Modification
The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more than a de minimis amount or which results in the emission of any hazardous air pollutant not previously emitted by more than a de minimis amount.
(6) Hazardous air pollutant
The term “hazardous air pollutant” means any air pollutant listed pursuant to subsection (b).
(7) Adverse environmental effect
The term “adverse environmental effect” means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.
(8) Electric utility steam generating unit
The term “electric utility steam generating unit” means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.
(9) Owner or operator
The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.
(10) Existing source
The term “existing source” means any stationary source other than a new source.
(11) Carcinogenic effect
Unless revised, the term “carcinogenic effect” shall have the meaning provided by the Administrator under Guidelines for Carcinogenic Risk Assessment as of the date of enactment.[1] Any revisions in the existing Guidelines shall be subject to notice and opportunity for comment.
(b) List of pollutants
(1) Initial list
The Congress establishes for purposes of this section a list of hazardous air pollutants as follows:

CAS number

Chemical name

75070

Acetaldehyde

60355

Acetamide

75058

Acetonitrile

98862

Acetophenone

53963

2-Acetylaminofluorene

107028

Acrolein

79061

Acrylamide

79107

Acrylic acid

107131

Acrylonitrile

107051

Allyl chloride

92671

4-Aminobiphenyl

62533

Aniline

90040

o-Anisidine

1332214

Asbestos

71432

Benzene (including benzene from gasoline)

92875

Benzidine

98077

Benzotrichloride

100447

Benzyl chloride

92524

Biphenyl

117817

Bis(2-ethylhexyl)phthalate (DEHP)

542881

Bis(chloromethyl)ether

75252

Bromoform

106990

1,3-Butadiene

156627

Calcium cyanamide

105602

Caprolactam

133062

Captan

63252

Carbaryl

75150

Carbon disulfide

56235

Carbon tetrachloride

463581

Carbonyl sulfide

120809

Catechol

133904

Chloramben

57749

Chlordane

7782505

Chlorine

79118

Chloroacetic acid

532274

2-Chloroacetophenone

108907

Chlorobenzene

510156

Chlorobenzilate

67663

Chloroform

107302

Chloromethyl methyl ether

126998

Chloroprene

1319773

Cresols/Cresylic acid (isomers and mixture)

95487

o-Cresol

108394

m-Cresol

106445

p-Cresol

98828

Cumene

94757

2,4-D, salts and esters

3547044

DDE

334883

Diazomethane

132649

Dibenzofurans

96128

1,2-Dibromo-3-chloropropane

84742

Dibutylphthalate

106467

1,4-Dichlorobenzene(p)

91941

3,3-Dichlorobenzidene

111444

Dichloroethyl ether (Bis(2-chloroethyl)ether)

542756

1,3-Dichloropropene

62737

Dichlorvos

111422

Diethanolamine

121697

N,N-Diethyl aniline (N,N-Dimethylaniline)

64675

Diethyl sulfate

119904

3,3-Dimethoxybenzidine

60117

Dimethyl aminoazobenzene

119937

3,3′-Dimethyl benzidine

79447

Dimethyl carbamoyl chloride

68122

Dimethyl formamide

57147

1,1-Dimethyl hydrazine

131113

Dimethyl phthalate

77781

Dimethyl sulfate

534521

4,6-Dinitro-o-cresol, and salts

51285

2,4-Dinitrophenol

121142

2,4-Dinitrotoluene

123911

1,4-Dioxane (1,4-Diethyleneoxide)

122667

1,2-Diphenylhydrazine

106898

Epichlorohydrin (l-Chloro-2,3-epoxypropane)

106887

1,2-Epoxybutane

140885

Ethyl acrylate

100414

Ethyl benzene

51796

Ethyl carbamate (Urethane)

75003

Ethyl chloride (Chloroethane)

106934

Ethylene dibromide (Dibromoethane)

107062

Ethylene dichloride (1,2-Dichloroethane)

107211

Ethylene glycol

151564

Ethylene imine (Aziridine)

75218

Ethylene oxide

96457

Ethylene thiourea

75343

Ethylidene dichloride (1,1-Dichloroethane)

50000

Formaldehyde

76448

Heptachlor

118741

Hexachlorobenzene

87683

Hexachlorobutadiene

77474

Hexachlorocyclopentadiene

67721

Hexachloroethane

822060

Hexamethylene-1,6-diisocyanate

680319

Hexamethylphosphoramide

110543

Hexane

302012

Hydrazine

7647010

Hydrochloric acid

7664393

Hydrogen fluoride (Hydrofluoric acid)

123319

Hydroquinone

78591

Isophorone

58899

Lindane (all isomers)

108316

Maleic anhydride

67561

Methanol

72435

Methoxychlor

74839

Methyl bromide (Bromomethane)

74873

Methyl chloride (Chloromethane)

71556

Methyl chloroform (1,1,1-Trichloroethane)

78933

Methyl ethyl ketone (2-Butanone)

60344

Methyl hydrazine

74884

Methyl iodide (Iodomethane)

108101

Methyl isobutyl ketone (Hexone)

624839

Methyl isocyanate

80626

Methyl methacrylate

1634044

Methyl tert butyl ether

101144

4,4-Methylene bis(2-chloroaniline)

75092

Methylene chloride (Dichloromethane)

101688

Methylene diphenyl diisocyanate (MDI)

101779

4,4′-Methylenedianiline

91203

Naphthalene

98953

Nitrobenzene

92933

4-Nitrobiphenyl

100027

4-Nitrophenol

79469

2-Nitropropane

684935

N-Nitroso-N-methylurea

62759

N-Nitrosodimethylamine

59892

N-Nitrosomorpholine

56382

Parathion

82688

Pentachloronitrobenzene (Quintobenzene)

87865

Pentachlorophenol

108952

Phenol

106503

p-Phenylenediamine

75445

Phosgene

7803512

Phosphine

7723140

Phosphorus

85449

Phthalic anhydride

1336363

Polychlorinated biphenyls (Aroclors)

1120714

1,3-Propane sultone

57578

beta-Propiolactone

123386

Propionaldehyde

114261

Propoxur (Baygon)

78875

Propylene dichloride (1,2-Dichloropropane)

75569

Propylene oxide

75558

1,2-Propylenimine (2-Methyl aziridine)

91225

Quinoline

106514

Quinone

100425

Styrene

96093

Styrene oxide

1746016

2,3,7,8-Tetrachlorodibenzo-p-dioxin

79345

1,1,2,2-Tetrachloroethane

127184

Tetrachloroethylene (Perchloroethylene)

7550450

Titanium tetrachloride

108883

Toluene

95807

2,4-Toluene diamine

584849

2,4-Toluene diisocyanate

95534

o-Toluidine

8001352

Toxaphene (chlorinated camphene)

120821

1,2,4-Trichlorobenzene

79005

1,1,2-Trichloroethane

79016

Trichloroethylene

95954

2,4,5-Trichlorophenol

88062

2,4,6-Trichlorophenol

121448

Triethylamine

1582098

Trifluralin

540841

2,2,4-Trimethylpentane

108054

Vinyl acetate

593602

Vinyl bromide

75014

Vinyl chloride

75354

Vinylidene chloride (1,1-Dichloroethylene)

1330207

Xylenes (isomers and mixture)

95476

o-Xylenes

108383

m-Xylenes

106423

p-Xylenes

0

Antimony Compounds

0

Arsenic Compounds (inorganic including arsine)

0

Beryllium Compounds

0

Cadmium Compounds

0

Chromium Compounds

0

Cobalt Compounds

0

Coke Oven Emissions

0

Cyanide Compounds 1

0

Glycol ethers 2

0

Lead Compounds

0

Manganese Compounds

0

Mercury Compounds

0

Fine mineral fibers 3

0

Nickel Compounds

0

Polycylic Organic Matter 4

0

Radionuclides (including radon) 5

0

Selenium Compounds

NOTE: For all listings above which contain the word “compounds” and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical’s infrastructure.

1 X′CN where X = H′ or any other group where a formal dissociation may occur. For example KCN or Ca(CN)2.

2 Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R–(OCH2CH2)n–OR′ where

   n = 1, 2, or 3

   R = alkyl or aryl groups

   R′ = R, H, or groups which, when removed, yield glycol ethers with the structure: R–(OCH2CH)n–OH. Polymers are excluded from the glycol category.

3 Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less.

4 Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100°C.

5 A type of atom which spontaneously undergoes radioactive decay.

(2) Revision of the list
The Administrator shall periodically review the list established by this subsection and publish the results thereof and, where appropriate, revise such list by rule, adding pollutants which present, or may present, through inhalation or other routes of exposure, a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be, carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise, but not including releases subject to regulation under subsection (r) as a result of emissions to the air. No air pollutant which is listed under section 7408(a) of this title may be added to the list under this section, except that the prohibition of this sentence shall not apply to any pollutant which independently meets the listing criteria of this paragraph and is a precursor to a pollutant which is listed under section 7408(a) of this title or to any pollutant which is in a class of pollutants listed under such section. No substance, practice, process or activity regulated under subchapter VI of this chapter shall be subject to regulation under this section solely due to its adverse effects on the environment.
(3) Petitions to modify the list
(A)
Beginning at any time after 6 months after November 15, 1990, any person may petition the Administrator to modify the list of hazardous air pollutants under this subsection by adding or deleting a substance or, in case of listed pollutants without CAS numbers (other than coke oven emissions, mineral fibers, or polycyclic organic matter) removing certain unique substances. Within 18 months after receipt of a petition, the Administrator shall either grant or deny the petition by publishing a written explanation of the reasons for the Administrator’s decision. Any such petition shall include a showing by the petitioner that there is adequate data on the health or environmental defects [2] of the pollutant or other evidence adequate to support the petition. The Administrator may not deny a petition solely on the basis of inadequate resources or time for review.
(B)
The Administrator shall add a substance to the list upon a showing by the petitioner or on the Administrator’s own determination that the substance is an air pollutant and that emissions, ambient concentrations, bioaccumulation or deposition of the substance are known to cause or may reasonably be anticipated to cause adverse effects to human health or adverse environmental effects.
(C)
The Administrator shall delete a substance from the list upon a showing by the petitioner or on the Administrator’s own determination that there is adequate data on the health and environmental effects of the substance to determine that emissions, ambient concentrations, bioaccumulation or deposition of the substance may not reasonably be anticipated to cause any adverse effects to the human health or adverse environmental effects.
(D)
The Administrator shall delete one or more unique chemical substances that contain a listed hazardous air pollutant not having a CAS number (other than coke oven emissions, mineral fibers, or polycyclic organic matter) upon a showing by the petitioner or on the Administrator’s own determination that such unique chemical substances that contain the named chemical of such listed hazardous air pollutant meet the deletion requirements of subparagraph (C). The Administrator must grant or deny a deletion petition prior to promulgating any emission standards pursuant to subsection (d) applicable to any source category or subcategory of a listed hazardous air pollutant without a CAS number listed under subsection (b) for which a deletion petition has been filed within 12 months of November 15, 1990.
(4) Further information
If the Administrator determines that information on the health or environmental effects of a substance is not sufficient to make a determination required by this subsection, the Administrator may use any authority available to the Administrator to acquire such information.
(5) Test methods
The Administrator may establish, by rule, test measures and other analytic procedures for monitoring and measuring emissions, ambient concentrations, deposition, and bioaccumulation of hazardous air pollutants.
(6) Prevention of significant deterioration
The provisions of part C (prevention of significant deterioration) shall not apply to pollutants listed under this section.
(7) Lead
The Administrator may not list elemental lead as a hazardous air pollutant under this subsection.
This document is only available to subscribers. Please log in or purchase access.
Purchase Login

About SCCE

The Society of Corporate Compliance and Ethics (SCCE) is a non-profit, member-based professional association. SCCE supports our members' work with education, news, and discussion forums. We are a community of leaders, defining and shaping the corporate compliance environment across a wide range of industries and geographic regions. In developing and maintaining effective ethics and compliance programs, our members strengthen and protect their companies.

952.933.4977

About HCCA

The Health Care Compliance Association (HCCA), is a 501(c)6 non-profit, member-based professional association. HCCA was established in 1996 and is headquartered in Minneapolis, MN. We provide training, certification, and other resources to over 10,000 members. Our members include compliance officers and staff from a wide range of organizations, including hospitals, research facilities, clinics and technology service providers.

952.988.0141

Facebook X LinkedIn
Copyright © 2024 by Society of Corporate Compliance and Ethics (SCCE) & Health Care Compliance Association (HCCA). No claim to original US Government works. All rights reserved. All information provided through this site, including without limitation all information such as the “look and feel” of the site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this site, is owned and/or licensed by SCCE & HCCA or its suppliers and is subject to United States and international copyright, trademark and other intellectual property laws. Any third party logos and/or content provided herein is owned by such third parties and is used by permission herein. Your use of this site to is subject to our Terms Of Use and Privacy Statement.
Cookie settings