November 12, 2024

Major to Area Sources Still Subject to MACT Standards

On September 10, 2024, EPA finalized requirements for sources that reclassify from major to area source status under NESHAP. [89 FR 73293] First proposed in September 2023 and discussed in a previous article, the rule does not finalize the proposed safeguards that would have required all reclassified sources to maintain compliance with the applicable major source standard. The agency is still evaluating comments on the proposal and may develop other solutions to prevent emissions backsliding. Instead, the rule takes a more limited approach, requiring only some sources to remain subject to the applicable major source standard. Affected sources subject to the following 40 CFR Part 63 subparts on September 10, 2024, must remain subject to those subparts, even if reducing actual and potential emissions to below major source thresholds:

Subpart	Source category
F, G, H, and I	The hazardous organic NESHAP for the synthetic organic chemical manufacturing industry (SOCMI) and select non-SOCMI sources
L	Coke oven batteries
R	Gasoline distribution facilities
X	Secondary lead smelting
CC	Petroleum refineries
GG	Aerospace manufacturing and rework facilities
II	Shipbuilding and ship repair
JJ	Wood furniture manufacturing
KK	Printing and publishing
LL	Primary aluminum reduction plants
MM	Chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills
EEE	Hazardous waste combustors
HHH	Natural gas transmission and storage facilities
JJJ	Group IV polymers and resins
MMMM	Surface coating of miscellaneous metal parts and products
PPPP	Surface coating of plastic parts and products
ZZZZ	Stationary reciprocating combustion engines
CCCCC	Coke ovens: pushing, quenching, and battery stacks
DDDDD	Major source industrial, commercial, and institutional boilers and process heaters
FFFFF	Integrated iron and steel manufacturing facilities
IIIII	Mercury cell chlor-alkali plants
LLLLL	Asphalt processing and asphalt roofing manufacturing
YYYYY	Area sources electric arc furnace steelmaking facilities
JJJJJJ	Area source industrial, commercial, and institutional boilers and process heaters
EEEEEEE	Area source gold mine ore processing and production

Source: McCoy and Associates, Inc.

Why these source categories?

CAA Section 112(c)(6) requires EPA to regulate sources accounting for 90% of the emissions of seven listed persistent and bioaccumulative HAPs. These seven HAPs are alkylated lead compounds, polycyclic organic matter, hexachlorobenzene, mercury, polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzofurans, and 2,3,7,8-tetrachlorodibenzo-p-dioxin. The 2020 MM2A rule [85 FR 73854] interfered with this statutory obligation as it would allow previously regulated major sources to reclassify as area sources, rendering those seven HAPs uncontrolled. [89 FR 73302] This September 2024 final rule thus conforms to both the agency’s statutory obligation and court findings in Sierra Club vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 15-1246; July 18, 2017). Facilities subject to one of the above source category MACT standards on September 10, 2024, will thus remain subject to that MACT standard, even if becoming an area source. [§63.1(c)(6)(iii)]

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental 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.