An Alternate Compliance Strategy for Title III of the 1990 Clean Air Act Amendments

An alternate compliance strategy (ACS) is developed which incorporates pollution prevention and flexibility to replace traditional end-of-pipe (EOP) control strategy regulation. The ACS takes into consideration the intent of the 1990 Clean Air Act Amendments (CAAA) to incorporate pollution prevention into regulations and provides a viable mechanism for implementation. This proposed new compliance strategy was developed after studying the CAAA regulations, related compliance issues, and pollution prevention literature. The ACS is defined by amending language in the Hazardous Organic National Emission Standards for Hazardous Air Pollutants (HON) regulation into a performance-based standard permitting regulated facilities to design compliance programs to meet all requirements. A change in regulation is considered reasonable only if it forces the same emission reductions, reduces risk a comparable amount, and is acceptable to the public, the regulators, and the regulated industry. In order to demonstrate that the ACS can meet all these requirements, an example application is summarized from an ethylene oxide-ethylene glycol plant. The example demonstrates that the ACS reduces hazardous air pollution (HAP) emissions more than the HON rule requires. Three evaluation methods are developed and applied to further demonstrate the acceptability of the ACS. They include a qualitative evaluation matrix, a total cost assessment, and a risk reduction measurement model. Results indicate that the ACS provided a preferable compliance program. The ACS should be adopted as an alternative method of compliance. It provides a major step in the progression of regulations from the traditional EOP treatment philosophy to pollution prevention performance-based standards.