EPA Comment Deadline: Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act

Tuesday, September 24, 2019 - 5:00pm

The Environmental Protection Agency (EPA) is seeking public comments on its proposed amendments to the General Provisions to the National Emission Standards for Hazardous Air Pollutants (NESHAP).

The proposed amendments implement the plain language reading of the “major source” and “area source” definitions of section 112 of the Clean Air Act (CAA) and provide that a major source can reclassify to area source status at any time by limiting its potential to emit (PTE) hazardous air pollutants (HAP) to below the major source thresholds of 10 tons per year (tpy) of any single HAP or 25 tpy of any combination of HAP. The EPA is proposing that PTE HAP limits must meet the proposed effectiveness criteria of being legally and practicably enforceable.

The proposal also clarifies the requirements that apply to sources choosing to reclassify to area source status after the first substantive compliance date of an applicable NESHAP standard. The EPA is proposing electronic notification when a source reclassifies. We are also proposing to revise provisions in specific NESHAP standards that specify the applicability of General Provisions requirements to account for the regulatory provisions we are proposing to add through this rule.

Members of the public can submit comments at Regulations.gov or by mail, fax, or email. More information is available at this Federal Register notice