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)]

 


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