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Dakota Software's Blog for EHS and Sustainability Professionals

EPA Proposes Provisions for Reclassification of NESHAP Major Sources as Area Sources

July 27th, 2019

Proposed Rule Change
Summary: EPA is proposing to revise the NESHAP General Provisions as well as most subparts in 40 CFR 63 to allow a major source to reclassify as an area source at any time by limiting its potential to emit (PTE) hazardous air pollutants (HAP) to below major source thresholds using PTE HAP limits which are legally and practicably enforceable. The proposed rule specifies the notification and recordkeeping requirements that would apply to sources choosing to reclassify to area source status as well as sources which reclassify from major source to area source status and then subsequently back to major source status. This proposal implements the discussion presented in the January 25, 2018 guidance memorandum titled "Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act," which withdrew and replaced EPA's longstanding "once in, always in" policy.
[Full Text - 84 FR 36304]

Citations: 40 CFR 63.1(c)(6); 40 CFR 63.10(b)(3); 40 CFR 63.10(g); 40 CFR 63.2; 40 CFR 63.9(b); 40 CFR 63.9(j); 40 CFR 63.9(k)

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