In terms of air emissions, site remediation is defined as one or more activities or processes used to remove, destroy, degrade, transform, immobilize, or otherwise manage remediation material. The monitoring or measuring of contamination levels in environmental media using wells or by sampling is not considered to be a site remediation (40 CFR 63.7957.)
Summary of Federal Requirements
The emissions of concern are hazardous air pollutants. The pertinent list is found in Table 1 to Subpart GGGGG of 40 CFR 63. The regulations apply to process vents, remediation material management units, and equipment leaks. The requirements apply at facilities at which a site remediation meets all three of the following conditions:
A new facility is one which commenced construction or reconstruction of the affected source after 30 July 2002.
- the site remediation cleans up a remediation material
- the site remediation is co-located at the facility with one or more other stationary sources that emit HAP and meet an affected source definition specified for a source category that is regulated by another subpart under 40 CFR 63 [NOTE: This condition applies regardless whether or not the affected stationary source(s) at the facility is subject to the standards under the applicable subpart(s)]
- the facility is a major source of HAP. A major source emits or has the potential to emit any single HAP at the rate of 10 tons [9.07 megagrams] or more per year of any HAP or any combination of HAP at a rate of 25 tons [22.68 megagrams] or more per year. All emissions of HAP from every source at the facility [i.e., both the site remediation activity and all other facility activities] must be considered in making this calculation.
Site remediations to which these air emissions regulations do not apply are when:
- the site remediation only cleans up material that does not contain any of the HAP listed in Table 1, Subpart GGGGG of 40 CFR 63
- the site remediation will be performed under the authority of CERCLA as a remedial action or a non time-critical removal action
- the site remediation will be performed under a RCRA corrective action conducted at a TSDF that is either required by the facility permit issued by either the USEPA or an authorized State program; required by orders authorized under RCRA; or required by orders authorized under RCRA section 7003
- the site remediation is conducted at a gasoline service station to clean up remediation material from a leaking UST
- the site remediation is conducted at a farm or residential site
- the site remediation is conducted at a research and development facility that meets the requirements under CAA section 112(c)(7).
The actual emissions concentration operating limit is established according to the following:
The average total organic or HAP emissions concentration, corrected for dilution as appropriate, is the maximum operating limit for the control device.
- during the performance test, monitor and record the total organic or HAP emissions concentration at least once every 15 min during each of the three test runs
- use the data collected during the performance test to calculate and record the average total organic or HAP emissions concentration maintained during the performance test.
Additionally, there are limitations prescribed in the regulations that are specific to different types of process vents, different types of material management units (i.e., storage tanks, containers, surface impoundments, oil-water or organic-water separator, or transfer system), or equipment leak sources.
The requirements for any of the following types of monitoring are based on the amount of HAP being emitted and primarily on stipulations in operating permits:
- continuous parameter monitoring system (CPMS)
- continuous emissions monitoring systems (CEMs)
- parametric monitoring.
Remediation sites are required to maintain a variety of documentation, including, but not limited to:
- a written startup, shutdown, and malfunction plan (SSMP)
- records of each inspection, calibration, and validation check
- for each required monitoring system a site-specific monitoring plan
- a semiannual compliance report
- records related to startups, shutdowns, and malfunctions
- results of performance tests and performance evaluations
- the records of initial and ongoing determinations for affected sources that are exempt from control requirements.
Summary of State Requirements
The states primarily regulate this type of a source through their operating permit programs.
Laws and Statutes
The Clean Air Act