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NESHAP and NSPS Compliance

Trinity Air Quality: NSPS and NESHAP Compliance Services

Working in concert with your company's environmental department and other stakeholders in the compliance management process, Trinity Consultants can assist with all aspects of the New Source Performance Standard (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAP) compliance program development and implementation. From the earliest project planning stages to the advanced stage of maintaining well established compliance NSPS/NESHAP programs, Trinity can provide compliance program documents, guidance, and recommendations. Trinity's experience extends across a wide array of technical and regulatory issues pertaining to NSPS/NESHAP. Trinity monitors the ongoing development and promulgation of new and revised NSPS and NESHAP rules and works with clients and industry trade groups to actively participate in the rulemaking process.

Learn more about our full range of NSPS and NESHAP compliance services by regulatory program at the relevant links below:

What are NSPS and NESHAP Programs

New Source Performance Standards (NSPS) ( 40 CFR 60) and National Emissions Standards for Hazardous Air Pollutants (NESHAP) ( 40 CFR 61 & 63) are the two major federal air regulatory programs applicable to industrial facilities in the U.S.

  • NSPS Program - First established in 1971 and now expanded to include more than 100 individual subparts, NSPS apply to an affected facility constructed, reconstructed, or modified after a classification date. Affected facilities are designated by industrial category (e.g., petroleum refineries) or source type (e.g., boilers, storage tanks, engines, etc.).
    • In accordance with Section 111(a)(1) of the Clean Air Act (CAA), NSPS establish emissions standards based on the “best system of emissions reduction (BSER)” that has been adequately demonstrated taking into account costs, non-air quality environmental impacts, and energy requirements.
    • Every eight years, the U.S. Environmental Protection Agency (EPA) is required to review and revise where appropriate each NSPS subpart to ensure the standards continue to meet BSER.
  • NESHAP Program - The NESHAP program covers pollutant-specific regulations derived from Section 112 of the 1970 Clean Air Act Amendments (CAAA) found in 40 CFR 61 and the industry or source category-specific standards derived from the 1990 CAAA found in 40 CFR 63. NESHAPs apply to both new and existing sources meeting the specified applicability criteria in the regulations:
    • Part 61 NESHAPs establish risk-based emissions standards for eight designated hazardous air pollutants (asbestos, benzene, beryllium, coke oven emissions, inorganic arsenic, mercury, radionuclides, and vinyl chloride).
    • Part 63 NESHAPs establish risk-based and technology-based emissions standards for a discrete list of source categories initially established in response to the 1990 CAAA. The initial list has been periodically updated resulting in more than 125 individual Part 63 subparts applicable to major and some area (a.k.a., minor) sources of HAP.
    • Technology-based emissions standards under Part 63 NESHAPs implement Maximum Achievable Control Technology (MACT) for major sources and Generally Available Control Technology (GACT) for area sources.
    • A residual risk and technology review (RTR) is required to be conducted within eight years of setting the MACT standards, and subsequent Part 63 NESHAP regulation reviews are required every eight years thereafter to account for improvements in air pollution controls and/or prevention.

Who Needs NESHAP and NSPS Compliance Support

If you are an owner or operator of a stationary source with an affected facility under NSPS or NESHAP regulations, you are obligated to follow all applicable requirements irrespective of whether these requirements are noted as specific terms and conditions in your facility's air permit. Initially establishing and maintaining ongoing compliance under NSPS and NESHAP regulations is a complex and constantly evolving process. Changes in technology, regulatory updates, and shifting U.S. EPA and state/local agency policy and guidance may prompt a need for NSPS/NESHAP compliance support services.

For more details on whether your facilities are affected under NSPS or NESHAP regulations, please review our NSPS Compliance Support page, Part 61 NESHAP Compliance Support page and/or Part 63 NESHAP Compliance Support page.