February 17, 2022

1-Bromopropane Added to HAP List

On January 5, 2022, EPA promulgated a final rule adding 1-bromopropane (1-BP or n-propyl bromide) to the CAA’s list of hazardous air pollutants (HAPs). [87 FR 393] Effective February 4, 2022, the rule adds a new §63.64 to the regulations and creates a precedent for adding additional substances to the list of HAPs via future rulemakings. Since the creation of the air toxics program in 1990, EPA has removed or delisted a HAP four times. In 32 years, this is the first time the agency has added a substance to the HAP list.

The newly added chemical, 1-BP, is used for solvent cleaning in electronic, metal, and precision cleaning operations; aerosols; adhesives; and as an intermediate chemical in pharmaceutical and agricultural products manufacturing. The addition of 1-BP to the list of HAPs began with a 2010 petition. However, it was not until a 2021 advanced notice of proposed rulemaking when EPA began seeking comment on its potential regulatory impacts. [86 FR 31225] The agency found 1-BP meets CAA Section 112(b)(3)(B) [a.k.a 42 USC 7412(b)(3)(B)] criteria of being an air pollutant whose emissions and concentrations “may reasonably be anticipated to cause adverse effects to human health.”

While EPA has a statutory obligation to set emissions standards for each listed HAP (National Lime Association vs. EPA, 233 F.3d 625, 634, D.C. Cir. 2000), the CAA does not specify a time limit for promulgating the new standards. Consequently, the agency is not issuing any emission limits or standards for 1-BP in this rule. Instead, EPA will craft a separate regulatory “infrastructure” addressing the impacts and requirements associated with adding a new HAP and publish guidance upon the promulgation of this future rule.

More information on the development of this rule, including the original petitions and public comment, is available via Docket ID No. EPA-HQ-OAR-2014-0471 and EPA’s website.

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