Reclassification of Major Sources as Area Sources under the Clean Air Act (Final)
Sep. 10, 2024
The EPA is finalizing requirements for sources that
reclassify from major source status to area source status under the National
Emission Standards for Hazardous Air Pollutants (NESHAP) program. The
requirements of this final rule apply to all sources that choose to reclassify
after September 10, 2024. The final amendments include a requirement that
sources subject to certain major source NESHAP used to meet the Agency's
obligations under the Clean Air Act (CAA) for seven specific persistent and
bioaccumulative pollutants must remain subject to those NESHAP even if the
sources reclassify to area source status. This requirement is based on the
EPA's analysis of the statute and of comments received on the EPA's 2023
proposal to amend requirements for NESHAP-regulated sources that choose to
reclassify from major to area source status. These final amendments will assure
that sources accounting for not less than 90 per centum of the aggregate
emissions of each persistent and bioaccumulative hazardous air pollutant (HAP)
listed in CAA remain subject to standards promulgated under the CAA, as the Act
requires, and will thereby ensure continued health protections from NESHAP that
regulate those HAP. Additionally, they are finalizing clarifications to
notification requirements and updating language regarding submittal of
confidential business information. This final rule is effective 10 September
2024. POC is Nathan Topham, Mail Drop: D243-02, 109 T.W. Alexander Drive, P.O.
Box 12055, RTP, North Carolina 27711; tele: (919) 541-0483; email: topham.nathan@epa.gov. (Federal Register 10 August 2024 [Rule0 Pages 73293-73308)