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EPA Self-Audit and Inspection Guide
Organic Finishing of Metals

Table of Contents

National Emission Standards for Hazardous Air Pollutants
(40CFR61.01 -- 40CFR61.359)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

Hazardous air pollutants (HAPs) are regulated by two separate statutory programs, 40 CFR Part 61 and 40 CFR Part 63. Part 61, which predates the Clean Air Act Amendments of 1990, includes specific standards, reporting and recordkeeping requirements, and test methods for the initial eight hazardous air pollutants: asbestos, benzene, beryllium, coke oven emissions, inorganic arsenic, mercury, radionuclides, and vinyl chloride. The regulations covering these eight hazardous air pollutants focused on health-based considerations. National Emission Standards for Hazardous Air Pollutants (NESHAPs) were established for certain operations that commonly emit the eight hazardous air pollutants.

Other substances were included for consideration due to the serious health effects, including cancer, that may occur from ambient air exposure to those substances. However, no specific restrictions were placed on facilities that used or released these compounds.

Additional regulation of hazardous air pollutants is covered under 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Source Categories. These regulations cover 189 hazardous air pollutants. More information on air toxics can be found at the EPA Unified Air Toxics web site.

Subpart A -- General Provisions (40CFR61.01 -- 40CFR61.19)

This subpart provides the framework for regulation of hazardous air pollutants (HAPs), including regulated HAPs and facility notification, compliance and monitoring requirements.

Lists of pollutants and applicability of Part 61 (40CFR61.01)
Presents the initial list of substances that were designated as hazardous air pollutants, identifies other substances that can cause serious health effects, and explains stationary source owner/operator requirements.

Address (40CFR61.04)
Provides addresses of EPA Regional Offices across the United States.

Prohibited activities (40CFR61.05)
Explains which activities an owner/operator may or may not participate in after the effective date of this regulation.

Determination of construction or modification (40CFR61.06)
An owner/operator intending to construct or modify a facility may request a determination from EPA as to whether such construction or modification will subject the facility to a standard.

Application for approval of construction or modification (40CFR61.07)
EPA must approve the construction of any new source or the modification of any existing source. Information requirements and the approval application process are presented.

Compliance with standards and maintenance requirements (40CFR61.12)
Compliance with numerical emission limits are determined by specific emission tests.

Emission tests and waiver of emission tests (40CFR61.13)
Identifies and explains the emission testing requirements.

Monitoring requirements (40CFR61.14)
Explains the monitoring system(s) required for each subpart.

Modification (40CFR61.15)
Any physical or operational change to a stationary source that results in an increase in the rate of emission of a hazardous pollutant is considered to be a modification.

State authority (40CFR61.17)
Part 61 does not prevent any State from enforcing air pollutant standards.

Circumvention (40CFR61.19)
Prohibits the owner/operator to build, erect, install, or use any article, machine, equipment, process, or method to conceal an emission.

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