On Sept. 27, the U.S. Environmental Protection Agency (EPA) issued a proposal to add requirements for sources to reclassify from major source status to area source status under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program.
EPA is accepting comments on its proposal through November 13, 2023.
EPA is proposing that sources reclassifying from major source status to area source status under the NESHAP program must satisfy the following criteria:
- Any permit limitations taken to reclassify from a major source of HAP to an area source of HAP must be federally enforceable under the Clean Air Act;
- Any such permit limitations must contain safeguards to prevent emission increases after reclassification beyond the applicable major source NESHAP requirements at the time of reclassification; and
- Reclassification will only become effective once a permit has been issued containing enforceable conditions reflecting the requirements proposed in this action and electronic notification has been submitted to EPA.
The requirements would apply to all sources that choose to reclassify, including any sources which have reclassified since January 25, 2018.
The agency is also proposing clarifications to reporting requirements and updating language regarding submittal of CBI.
ACA will be coordinating comments to EPA at the direction of its committees that address air issues.
Contact ACA’s Rhett Cash for more information.