FWM#: 415 (Supersedes 561 FW 2, 03/22/95, FWM 184)
Date: December 26, 2002, as amended 10/07/2010
Series: Pollution Control
Part 561: Compliance Requirements
Originating Office: Division of Engineering
2.1 What is the purpose of this chapter? This chapter provides guidance necessary to ensure Fish and Wildlife Service (Service) compliance with the Clean Air Act (CAA) and to protect the health and welfare of the public and Service personnel. 563 FW 2 contains guidance on protecting the resources on Service lands from external sources of air pollution.
2.2 What is the Service's policy?
A. Our policy is to protect and enhance the quality of the Nation's air resources to promote the conservation of fish and wildlife resources, and to protect the public health and welfare and the productive capacity of populations. In order to accomplish this, we will comply with all applicable Federal, interstate, State, regional, and local air quality regulations.
B. In addition, we will make all reasonable efforts to meet those air quality standards and emission requirements from which we are exempt due to size or which are not included in the State Implementation Plan (SIP) because of attainment of the national standards; e.g., all facilities will:
(1) Maintain their vehicles to minimize tailpipe emissions even if there is not a formal emissions inspection program for that location.
(2) Maintain furnaces and adjust for efficient operation and to minimize emissions even though furnaces are not currently covered by the regulations;.
(3) Take reasonable steps to control fugitive emissions of benzene regardless of quantities, etc.
2.3 Who is responsible for the program?
A. The Chief, Division of Engineering is responsible for overall leadership and coordination of the CAA compliance program. Responsibilities include, but are not limited to:
(1) Tracking variances and exemptions issued by the regulatory agencies to Service sources.
(2) Tracking progress on all compliance schedules imposed by regulatory agencies on Service sources along with existing and projected funding requirements necessary to meet the schedules.
(3) Providing guidance and assistance to the Regional Compliance Coordinator in complying with this chapter.
(4) Anticipating and evaluating the effect of new/proposed regulations on existing sources and the requirements necessary to keep existing sources in compliance.
(5) Reviewing and interpreting Federal legislative or administrative actions that affect air pollution sources and providing full awareness and understanding of the compliance requirements of these actions to all Service facility managers.
B. Regional Engineer/Regional Compliance Coordinator. The Regional Compliance Coordinator is responsible for the coordination and effectiveness of the CAA compliance program within the Region. Except as noted below where specific tasks belong to the Regional Engineer, the Regional Compliance Coordinator will:
(1) Prepare designs and contracting packages as required to correct equipment or system problems in order to comply with the CAA. (Regional Engineer)
(2) Prepare Regional budget requests for projects required to comply with the CAA.
(3) Assist facility managers in the preparation of any necessary air permit applications.
(4) Assist facility managers in the preparation of risk management plans for their facilities, when required by the regulations.
(5) With assistance from the Division of Engineering, Environmental Compliance Branch, coordinate training on the CAA, including compliance requirements, responsibilities, and penalties, for Service personnel located within the Region.
(6) Track required monitoring results on all Service stationary air pollution sources based on station-provided records.
(7) Notify the Division of Engineering when a stationary source is in violation/noncompliance.
(8) Assist facility managers in bringing sources back into compliance when the regulatory agency has found them to be in violation/noncompliance.
(9) Review and approve project criteria and engineering reports for any facility having a new or modified major stationary source before design of the stationary source begins, and ensure that plans for any new major stationary source or modifications to a major stationary source are reviewed and approved by the applicable regulating agency. (Regional Engineer)
(10) Review and interpret State legislative or administrative actions that affect the clean air program. Provide full awareness and understanding of the compliance requirements of these actions to all Service facility managers within the affected State or portion of the State.
(11) Advise the Regional Director of new/proposed regulations covering existing sources and the funding requirements necessary to keep existing systems in compliance.
C. Facility Managers/Project Leaders. Facility managers and/or project leaders will:
(1) Develop and maintain an inventory of all stationary air pollution sources at the facility.
(2) Develop and maintain an inventory of all systems at the facility using Class I and Class II substances. Develop, with assistance from the Regional Compliance Coordinator, a plan for replacing and/or retrofitting the systems to eliminate the use of the controlled substances whenever possible.
(3) Prepare a risk management plan for the facility, when required by the regulations.
(4) Maintain contact and coordinate with the local regulating agency.
(5) Ensure that all required permits are obtained.
(6) Ensure the facility is operated and monitored according to all permit requirements and that all required reports are submitted on time.
(7) Provide the required notification (including the Regional Compliance Coordinator) when the condition of the permit is in violation/noncompliance.
(8) Ensure that records are retained at least as long as required by Federal and State regulations.
(9) Ensure that system operators, if any, have been properly trained and, if required, licensed or certified by the State.
(10) Ensure that any personnel working on appliances containing refrigerant or servicing vehicle air conditioning systems have been properly trained and certified by a program approved by EPA, that all refrigerant recycling equipment has been approved by EPA, and that all required recordkeeping has been completed.
2.4 What is the scope of this chapter? This chapter applies to all Service owned or operated facilities, including quarters, and vehicles.
2.5 What are the authorities for this chapter?
A. Clean Air Act, as amended (Public Law 84-159, 42 U.S.C. 7401 et seq.).
B. National Primary and Secondary Ambient Air Quality Standards (40 CFR 50).
C. Standards of Performance for New Stationary Sources (40 CFR 60).
D. National Emission Standards for Hazardous Air Pollutants (40 CFR 61).
E. National Emission Standards for Hazardous Air Pollutants for Source Categories (40 CFR 63).
F. EPA Provisions for Chemical Accident Prevention (40 CFR 68).
G. State Operating Permit Programs (40 CFR 70).
H. Regulation of Fuels and Fuel Additives (40 CFR 80).
I. Protection of Stratospheric Ozone (40 CFR 82).
J. Clean - Fuel Vehicles (40 CFR 88).
2.6 What are the definitions for the terms used in this chapter? Some of the more important definitions are stated below. A complete list of regulatory definitions can be found in Title 40 of the Code of Federal Regulations.
A. Appliance. Any device that contains and uses a Class I or Class II substance as a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.
B. Area Sources. Stationary and nonroad sources that are too small and/or too numerous to be individually included in a stationary source emissions inventory.
C. Class I Controlled Substance. Those ozone-depleting substances listed in Appendix A, 40 CFR 82.
D. Class II Controlled Substance. Those ozone-depleting substances listed in Appendix B, 40 CFR 82.
E. Fossil Fuel. Natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of creating useful heat.
F. Medical Waste Incinerator. An enclosed device for burning any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical waste does not include any hazardous waste identified under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or any household waste as defined as waste in regulations under subtitle C of RCRA.
G. Mobile Sources. Any on-road (highway) vehicles (e.g., automobiles, trucks and motorcycles) and nonroad vehicles (e.g., trains, airplanes, agricultural equipment, industrial equipment, construction vehicles, off-road motorcycles, and marine vessels).
H. Modification. Any physical change in, or change in the method of operation of, an existing facility which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted.
I. Reid Vapor Pressure (RVP). A measurement of the absolute vapor pressure of volatile crude oil and nonviscous petroleum liquids that are regulated in order to reduce VOC emissions from evaporating gasoline.
J. Risk Management Plan. A formal plan, mandated by the CAA, that details a hazard assessment, a prevention program, and an emergency response program for those facilities that have regulated substances above threshold quantities.
K. Small Appliances. Any of the following products that are fully manufactured, charged, and hermetically sealed in a factory with five pounds or less of refrigerant: refrigerators and freezers designed for home use, room air conditioners (including window air conditioners and packaged terminal air conditioners), packaged terminal heat pumps, dehumidifiers, under-the-counter ice makers, vending machines, and drinking water coolers.
L. Solvent. Organic materials that are liquid at standard conditions and are used as dissolvers, viscosity reducers, or cleaning agents.
M. Stationary Source. Any building, structure, facility, or installation which emits or may emit an air pollutant for which a national standard is in effect.
N. Volatile Organic Compound (VOC). Generally, any organic compound that participates in atmospheric photochemical reactions.
O. Wholesale Purchaser-Consumer. Any organization that is an ultimate consumer of gasoline or diesel fuel and which purchases or obtains gasoline or diesel fuel from a supplier for use in motor vehicles and receives delivery of that product into a storage tank of at least 550-gallon capacity substantially under the control of the organization.
2.7 What are the general provisions of this chapter?
A. Federal Compliance.
(1) Title I, Part A, Section 118(a) of the CAA requires each Federal activity with jurisdiction over any property or facility, or engaged in any activity resulting, or which may result, in the discharge of air pollutants, and each officer, agent, or employee thereof, to comply with applicable Federal, State, interstate, or local requirements respecting the control and abatement of air pollution, whether substantive or procedural, "in the same manner, and to the same extent, as any nongovernmental entity."
(2) Section 176 of the CAA states that "(n)o ...agency...of the Federal Government will engage in, support in any way or provide financial assistance for, license or permit, or approve, any activity which does not conform to an implementation plan after it has been approved or promulgated..."
(3) Section 306 of the Act states that "(n)o Federal agency may enter into any contract with any person who is convicted of any offense under Section 113 (c) for procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition ... will continue until..(EPA) certifies that the condition giving rise to such a conviction has been corrected...(EPA) may extend this prohibition to other facilities owned or operated by the convicted person."
(4) Section 613 of the Act requires "each department, agency, and instrumentality of the United States to conform its procurement regulations to the policies and requirements of (the Stratospheric Ozone Protection portion of the Act) and to maximize the substitution of safe alternatives identified under Section 612 for Class I and Class II substances."
(5) States have primary responsibility to enforce compliance with air pollutant emissions requirements and sampling, monitoring, and notice requirements. States that have primacy may establish air quality regulations, monitoring schedules and reporting requirements more stringent than, or in addition to, those in the Federal regulations.
B. National Standards. The 1970 provisions of the Clean Air Act required EPA to establish three types of national standards:
(1) National Ambient Air Quality Standards (NAAQS). The U.S. Environmental Protection Agency (EPA) established national ambient air quality standards (NAAQS) which set maximum levels for various pollutant concentrations allowed in that portion of the atmosphere, external to buildings, to which the general public has access. National primary ambient air quality standards define levels of air quality necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality standards define levels of air quality necessary to protect the public welfare from known or anticipated adverse effects of a pollutant. The six pollutants for which there are currently NAAQS in place are: sulfur oxides, nitrogen oxides, carbon monoxide, ozone, particulate matter, and lead. NAAQS are not applicable to individual emission sources; rather, States have the primary responsibility for assuring air quality within the State and must develop State Implementation Plans (SIPs) which provide strategies and specify the regulations necessary to prevent a national standard from being exceeded or necessary to assure the attainment of the standard as well as to assure their maintenance. The SIPs also provide for the prevention of significant deterioration of air quality where the existing air quality is better than the national ambient air quality standards by ensuring that emissions associated with projected growth and development will be compatible with the maintenance of the national standards.
(2) New Source Performance Standards (NSPS). The new source performance standards (NSPS) provide uniform national minimum standards of performance for new or modified stationary sources of pollutants. The NSPS requirements apply to selected types of new sources, e.g., fossil-fuel fired steam generators, institutional steam generating units, incinerators, sulfuric acid plants, grain elevators, volatile organic liquid storage vessels, sewage treatment plants, residential wood heaters, medical waste incinerators, etc. In addition to the emission performance requirements, there are monitoring, test methods and procedures, recordkeeping, and reporting requirements applicable for each of the standards. The NSPS program does not apply to existing sources unless they undergo modification, nor does it apply to mobile sources of air pollutants.
(3) National Emission Standards for Hazardous Air Pollutants (NESHAP). National emission standards for hazardous air pollutants (NESHAP) are performance-based emission control regulations established for air pollutants for which no ambient air quality standards are applicable and which may result in an increase in mortality or serious irreversible illness. The standards define emission limits, monitoring requirements, restrictions on material use, worker practice standards and reporting requirements for hazardous pollutants. To date regulations have been promulgated for eight of the substances currently designated by EPA as hazardous air pollutants (HAP): asbestos, benzene, beryllium, coke oven emissions, inorganic arsenic, mercury, radionuclides, and vinyl chloride. Title III of the 1990 Amendments established a list of 189 hazardous air pollutants (172 chemical substances and 17 groups of compounds, including those already designated) for which EPA is required to set national performance standards over the next ten years. For the Service, the asbestos NESHAP will probably be encountered most frequently. In general, the asbestos NESHAP addresses four basic points: fugitive emissions from work sites; required removal before demolition; notification requirements before disturbing asbestos containing materials; and standards for disposal of asbestos containing wastes in landfills. For details on all asbestos requirements, see 561 FW 8.
C. State Implementation Plans. The Federal regulations provide a framework within which States design specific regulatory strategies for achieving the NAAQSs within each of the air quality control regions (AQCRs) of the State. States have broad discretion in their choice of regulatory tools, among which include performance-based standards, technology-based standards, transportation controls, and location restrictions on a case-by-case basis. The developed State implementation plans (SIPs) are subject to Federal approval, and if the plan is unacceptable, the Federal Government is empowered to issue and enforce its own plan, which would take precedence. SIP provisions adopted by a State and approved by EPA have the force of both State and Federal law, and may be enforced at either level. States have the option to establish air quality standards and regulatory requirements for that State or any AQCR within the State which are in addition to, or more stringent than, those required by the CAA or Federal regulations. Such additional or more stringent regulations need not be approved by EPA as part of the SIP and are not enforceable by the Federal government.
D. Federal/State Operating Permits. The 1990 Amendments to the CAA created a new Federal/State permit system. Nearly all sources of significant air emissions will be required to apply for and obtain permits that will establish detailed requirements governing emissions from the source and related activities such as monitoring, recordkeeping, and reporting. Many sources for which permits will be required have permits under the State Implementation Plan. However, many new sources of air pollutants regulated under Title III have not been regulated by the States, and the permit requirements will be new. Major sources are nominally defined as a facility emitting more than 10 tons per year of any HAP, or 25 tons per year of any combination of HAP; however, EPA has set a lesser amount as the defining criteria for numerous pollutants. Area sources are defined as stationary sources with HAP emissions less than the major source criteria. Area source categories may be subject to emission standards and operating permit requirements if EPA or the State judges the sources individually or in the aggregate to present a risk to health or the environment.
E. Stratospheric Ozone Protection. The Federal regulations in 40 CFR 82 impose limits on the production, importation, and consumption of certain ozone depleting substances. By the end of 1995, the production and importation of chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), also known by the tradename "Freon," will be eliminated. Almost all new products, with the exception of household refrigerators, are now manufactured with alternative refrigerants, yet servicing requirements will continue well beyond the end of production. The supply of refrigerants for servicing existing equipment must come from the supply of reused refrigerants made available from recycling and from replacing and retrofitting systems. Recycling of CFC used in motor vehicle air conditioning has been required since January 1, 1992, for shops servicing 100 or more vehicles and since January 1, 1993, for shops servicing fewer than 100 vehicles. The recycling equipment must be EPA approved. In addition, technicians who use the equipment must be trained and certified by an EPA approved program. The requirements for the servicing of motor vehicle air conditioners are contained in 40 CFR 82.30 through 82.42. The servicing, maintenance, repair, and disposal of appliances, including small appliances, containing CFCs and halon is required to be done in a manner to prevent emissions to the environment. The person who takes the final step in the disposal process of a small appliance, room air conditioner, motor vehicle air conditioner, or motor vehicle air conditioner-like appliance must recover any remaining refrigerant from the appliance. Disposal here is defined as the discharge, deposit, dumping or placing of any discarded appliance into or on any land or water; the disassembly of any appliance for discharge, deposit, dumping or placing of its discarded component parts into or on any land or water; or, the disassembly of any appliance for reuse of its component parts. The equipment used for servicing, maintenance, repair, and disposal of appliances must be EPA approved and the technicians who use the equipment must be certified by an EPA approved program. The requirements for servicing appliances are contained in 40 CFR 82.150 through 82.166.
F. Mobile Sources. Regarding Government vehicles, Section 118(c) of the CAA requires that "(e)ach department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government will comply with all applicable provisions of a valid inspection and maintenance program established..." for vehicle emission control. In addition, Section 118(d) requires that "(e)ach department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any property or facility will require all employees which operate motor vehicles on the property or facility to furnish proof of compliance with the applicable requirements of any vehicle inspection and maintenance program established ... for the State in which such property or facility is located (without regard to whether such vehicles are registered in the State)."
G. Fuel and Fuel Additives. The regulations contained in 40 CFR 80 contain requirements for wholesale purchasers-consumers of gasoline and diesel fuels. The regulations prohibit the introduction of leaded gasoline into any motor vehicle that is labeled "Unleaded Gasoline Only" or that is equipped with a gasoline tank filler inlet designed for introduction of unleaded gasoline. Fuel pumps are required to display signs stating the type of fuel in each pump and that only unleaded gasoline can be introduced into labeled vehicles. The nozzles are required to be properly sized. After January 1, 1998, every wholesale purchaser-consumer will equip each pump from which gasoline is introduced into motor vehicles with a nozzle that dispenses fuel at a flow rate not to exceed 10 gallons per minute. During high ozone seasons and regulatory control periods, gasoline will not be dispensed that exceeds reid vapor pressure established in the regulations. No diesel fuel will be dispensed for use in motor vehicles unless it is free of the dye 1,4-dialkylamino-antraquinone and meets certain other specifications.
H. Chemical Accident Prevention and Risk Management Plans. Owners and operators of stationary sources having a total quantity of a regulated substance exceeding a threshold quantity have certain requirements concerning the prevention of accidental releases, performing risk assessments, and preparing risk management plans. Current estimates are that only a small number of Service facilities are covered by the Federal requirements; however, State requirements may be more stringent. The risk management plan, as mandated by the CAA, contains three elements: a hazard assessment, a prevention program, and an emergency response program. The hazard assessment includes evaluation of range of releases including worst-case accidental releases; analyses of potential offsite consequences; and a five-year accident history. The prevention program includes safety precautions, maintenance, monitoring, and employee training measures. The emergency response program must provide specific actions to be taken in the event of a release in order to protect human health and the environment including informing the public and local agencies, emergency health care, and employee training. The list of regulated substances, threshold quantities, and program requirements are contained in 40 CFR 68.
I. Inspections, Recordkeeping, Monitoring, Reporting, and Entry. The CAA gives EPA authority to require any regulated source to (1) establish and maintain records, (2) make reports, (3) install, use, and maintain monitoring equipment, (4) sample its emissions, (5) provide other relevant information, and (6) allow EPA access to both equipment and records, for the purpose of determining compliance with the Act.
J. Operator/Technician Requirements. State requirements may include that boiler operators be licensed or certified. In addition, EPA requires that all those using and handling Class I and Class II substances (as listed in Section 602 of the CAA) have proper training and that technicians using those substances be certified. Some typical uses of Class I and Class II substances would currently include fire suppression systems (halon); refrigeration, chilling, or air condition units (CFC); and, vehicle air conditioners (CFC).
2.8. What are some typical Service operations that are affected by the CAA?
A. The primary mechanisms regulating air pollutant emissions are the State or air quality control region (AQCR) regulations. These regulations will normally follow the Federal guidelines; however, depending on the type and degree of air pollutant problems within the State/region, the individual regulations will vary.
B. The States usually exercise their authority via a permit system. A permit is normally required for new, expanded, or modified sources of air pollutants. Some State regulations apply directly to some facilities and operations without requiring a permit. Examples of activities that may be regulated include, but are not limited to:
(1) Fugitive dust emissions - sand and gravel pits, road grading, and, in severe non-attainment areas, travel on non-paved roads;
(2) Control of particulate emissions from the transportation of refuse or materials in open vehicles;
(3) Open burning - controlled agricultural burning, destruction of health hazards, controlled forest burning, debris removal;
(4) Vehicle exhaust emissions;
(5) Spray painting of vehicles, buildings, and/or furniture;
(6) Paving of roads and parking lots;
(7) Fuel storage tanks and pumps;
(8) Operation of cold cleaners, degreasers, and open top vapor degreasers which use solvents;
(9) Certification requirements for boiler operators;
(10) Operation of furnaces and boilers;
(11) Installation, maintenance, service, repair, or removal of an appliance containing a refrigerant;
(12) Servicing of motor vehicle air conditioners;
(13) Benzene storage (any size storage vessel);
(14) Remodeling or destruction of a building containing asbestos.
2.9 What other laws relate to the CAA? There are Occupational Safety and Health Administration regulations pertaining to occupational exposure and acceptable levels of exposure to asbestos in general industry and construction. The Hazardous Materials Transportation Act was amended in 1978 to regulate the transportation of asbestos materials. The regulations require that asbestos must be loaded, handled, and unloaded in a manner that will minimize occupational exposure to airborne asbestos. Asbestos is also regulated under the Toxic Substance Control Act and the Clean Water Act. Underground storage tanks are regulated under Resource Conservation and Recovery Act (RCRA) amendments of 1984 as well as the requirements contained in the CAA. The Emergency Planning and Community Right-To-Know Act also covers releases to the environment.
For information on the content of this chapter, contact the Division of Engineering. For more information about this Web page, contact Krista Holloway in the Division of Policy and Directives Management.