June 20, 2023

Big Changes Proposed for SOCMI and Polymer and Resin NSPS and NESHAPs

On April 25, 2023, EPA proposed significant changes to the air toxics and new source performance standards (NSPS) for the synthetic organic chemical manufacturing industry (SOCMI) and the polymers and resins industries. [88 FR 25080] Changes to both applicability determinations and compliance requirements are proposed for the following standards:

Part 63, Subparts F, G, H, and I, known as the hazardous organic NESHAP (HON);
Part 63, Subparts U and W, known as polymers and resins group I and group II respectively, and;
Part 60, Subparts III, NNN, RRR, and VVa, which are a set of SOCMI process unit and leak detection standards.
New Part 60, Subparts IIIa, NNNa, RRRa, and VVb have also been proposed.

If finalized, EPA estimates an annual HAP reduction of more than 6,000 tons by controlling the emissions at approximately 200 facilities, many located in Texas, Louisiana, and along the Ohio River Valley. VOC emissions may also be reduced by more than 23,000 tons annually, greatly reducing the amount of smog, or tropospheric ozone, in affected areas. The agency also believes 80% of emissions reduction would come from new flare requirements alone.

Here is a brief summary of some of the proposed changes:

Definitions in Part 63, Subparts G and H would be moved to Subpart F, and a new definition of “in ethylene oxide (EtO) service” would be added.
No more than 20 tons of EtO over any 12-consecutive-month period could be sent to flares.
Weekly or monthly, rather than quarterly, leak monitoring and 15-day leak repair limits, rather than 45-day limits, would be required for certain equipment in EtO service.
Some “Group 1” definitions would be changed, potentially pulling more units into the more-stringent Group 1 requirements from the less stringent Group 2 requirements.
Emission limits for dioxins and furans, which are not currently regulated by the standards, would be established.
Some workplace standards allowing for excess emissions would be removed.
Additional requirements associated with benzene, 1,3-butadiene, ethylene dichloride, vinyl chloride, EtO, and chloroprene would be established.
Subparts IIIa, NNNa, and RRRa would set total organic carbon emission limits at a 98% reduction or a concentration of 20ppmv on a dry basis, whichever is less stringent.
Subpart VVb would contain more-stringent leak detection limits compared to VVa.
New Part 60, Subparts IIIa, NNNa, RRRa, and VVb would have an applicability date for sources constructed, reconstructed, or modified after April 25, 2023.

More information on the proposal is available at EPA’s HON website, including a redline document of the proposed regulatory text changes and a list of facilities EPA knows to be covered by the proposed rule. Comments on the proposal may be submitted until June 26, 2023 via Docket ID No. EPA-HQ-OAR-2022-0730.

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