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GENERAL SECTION
EPA Proposes to Remove MEK from
Hazardous Air Pollutant List
In the Federal Register on May 30, 2003, the United States Environmental Protection Agency (USEPA) published a proposal to delist methyl ethyl ketone (MEK) from the Hazardous Air Pollutants (HAPs) list in Section 112 of the Clean Air Act (CAA) amendments.
SUMMARY
Section 112 of the CAA amendments of 1990 requires the USEPA to evaluate and control emissions of HAPs. Section 112(b)(1) of the CAA includes a list of 188 HAPs. The USEPA is required to evaluate the emissions of the substances on the HAPs list to identify source categories for which it must establish emissions standards. As such, the USEPA has issued proposed and final rules for various manufacturing sectors, referred to as the Maximum Achievable Control Technology (MACT) rules. Facilities that emit more than 10 tons of any single HAP or 25 tons of total HAPs could be subject to these rules.
The USEPA is also charged to periodically evaluate the list of HAPs and revise the list by rule where appropriate. On May 22nd, the USEPA proposed the removal of MEK from the HAPs list. The move came following a petition from the American Chemistry Council (ACC, formerly the Chemical Manufacturer’s Association) which was deemed complete by USEPA in 1999. The petition presented a risk assessment and evaluation of likely effects to human health and the environment caused by exposure to MEK. The ACC indicated that their research regarding MEK emissions and their resultant effects showed that MEK “has low acute and chronic toxicity and low environmental toxicity.”
The proposed rule applies to both manufacturers and users of MEK. MEK is commonly used in the surface coatings industry, specifically in lacquers and acrylics, and is used as a chemical intermediate. It is also used in other industries in the production of adhesives, magnetic tapes, printing inks, degreasing and cleaning fluids, as a dewaxing agent for lubricating oils, as an intermediate in the production of antioxidants, and as a catalyst.
The USEPA is accepting comments on the rule through August 28, 2003. MEK is the second substance that could be deleted from the HAPs list. In June 1996, the USEPA removed caprolactam.
APPLICATION
The delisting of MEK may affect the Title V or MACT applicability of your facility. If you would like assistance in determining how the delisting may affect your facility’s permit or future MACT standard applicability, contact Emily Rynders or Tony Domanico at (513) 489-2255 or via e-mail at ear@paynefirm.com or aid@paynefirm.com. This and other Environmental Edge topics are available at our website at www.paynefirm.com.
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