June 13, 2016

EPA Proposes to Remove CERCLA and RCRA Exemption From G5 MACT

On October 8, 2003, EPA finalized the site remediation maximum achievable control technology (MACT) standard, which it codified at 40 CFR Part 63, Subpart GGGGG (and so is known as the “G5 MACT”). The G5 MACT currently exempts remedial activities performed under the authority of CERCLA and RCRA corrective action. Shortly after finalizing the rule, EPA received a petition for reconsideration stating that the agency lacked statutory authority to exempt site remediation activities conducted under CERCLA or RCRA authority. After lengthy discussions and negotiations, EPA is requesting comment on its proposal to remove this exemption from the G5 MACT. [May 13, 2016; 81 FR 29821]

By removing the exemption, CERCLA and RCRA corrective action sites that meet the rule’s applicability criteria would become subject to the hazardous air pollutant (HAP) emission limitations and work practice standards during site remediation. Primarily, these standards require control of HAP emissions from process vents, remediation material management units, and equipment leaks. They also trigger monitoring, recordkeeping, and reporting requirements. EPA estimates that approximately 69 facilities would be affected by the proposed rule changes.

EPA is accepting comment on these proposed amendments until June 27, 2016 via http://www.regulations.gov under Docket No. EPA-HQ-OAR-2002-0021.

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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.