Congressional Disapproval of EPA's Final Rule Relating to the Reclassification of Major Sources as Area Sources

June 24th, 2025 by Ann Rippe

Action Forcing Change
Summary: Congress has disapproved EPA's September 10, 2024 final rule titled "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act" (89 FR 73293). The rule finalized a requirement under the NESHAP program requiring that major sources of seven persistent and bioaccumulative pollutants listed in CAA 112(c)(6) remain subject to their source category’s NESHAP, even if reclassified as area sources. The final rule also updated requirements for submitting confidential business information in electronic reports, including initial notifications. The disapproval was signed into law by the President on June 20, 2025, and as a result the updated requirements for sources that reclassify from major source status to area source status are no longer in effect. The text of the final rule will remain in the Code of Federal Regulations until EPA takes formal action to remove it.
[Full Text - Public Law 119-20]

Citations: 40 CFR 63.1(c)(6), 40 CFR 63.9(j), 40 CFR 63.9(k)

Date Posted: 6/20/2025
Date Effective: 6/20/2025
Type of Action: Public Law

Ann Rippe

Manager of Regulatory Services