2060-AM75 201910 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2060 Office of Air and Radiation OAR 2000 Environmental Protection Agency EPA Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act

This rulemaking will take final action on the proposed amendments to the General Provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR 63, subpart A) included in EPA’s proposal "Reclassification of Major Sources as Area Sources Under section 112 of the Clean Air Act" (See 84 FR 36304, July 26, 2019). The amendments allow a major source to become an area source at any time by taking enforceable limits on its potential to emit hazardous air emissions, and, thus, become not subject to NESHAP for major sources under Clean Air Act (CAA) section 112. The amendments would implement the EPA's plain language reading of the CAA section 112 definitions of 'major' and 'area' sources as discussed in the January 2018 William Wehrum memorandum titled "Reclassification of Major Sources as Area Sources Under section 112 of the Clean Air Act." (See notice in 83 FR 5543, February 8, 2018.)

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes No Deregulatory 40 CFR 63.1 42 U.S.C. 7401 et seq. Yes

The EPA will issue a final rule to add regulatory text to the General Provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR 63, subpart A) to reflect EPA's plain language reading of the definitions of major source and area source in Clean Air Act section 112. The regulatory amendments will address when a major source can become an area source, and thus, become not subject to NESHAP for major sources under Clean Air Act (CAA) section 112.

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The EPA issued a proposed rule on July 26, 2019 to add regulatory text that reflects EPA’s plain language reading of the definitions of major source and area source in section 112 of the Clean Air Act. This rulemaking will take final action on the proposed amendments to the General Provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR 63, subpart A) included in EPA’s proposal Reclassification of Major Sources as Area Sources Under section 112 of the Clean Air Act (See 84 FR 36304, July 26, 2019). This rulemaking implements EPA’s authority under section 112 of the CAA.

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EPA is taking comments on the plain language reading of the definition of major and area sources, its consistency with the clear language and structure of the CAA, and whether safeguards may be appropriate to protect against emissions increases.

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Adding regulatory text to be consistent with the plain language reading will allow sources classified as major to become area sources at any time. As proposed, annual cost savings for the primary scenario analyzed, for year 2 (and for each following year) are presented below. Benefits (cost savings) are presented at 7% and 3% discount rate in Billions 2016$.
Present value: $2.39 (7%); $6.24 (3%)
Equivalent Annualized Value: $0.17 (7%); $0.19 (3%)

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No anticipated risks.

]]> NPRM 01/03/2007 72 FR 69 Notice 02/08/2018 83 FR 5543 NPRM 07/26/2019 84 FR 36304 NPRM Comment Period End 09/24/2019 NPRM Comment Period Reopened 10/02/2019 84 FR 52419 NPRM Comment Period Reopened End 11/01/2019 Final Action 04/00/2020 EPA Docket information: EPA-HQ-OAR-2019-0282 Undetermined Federal Local State Tribal No No No No Elineth Torres 2060 Office of Air and Radiation OAR 919 541-4347 torres.elineth@epa.gov 109 T.W. Alexander Drive, Mail Code D205-02, Research Triangle Park NC 27709 William Lamason H. 2060 Office of Air and Radiation OAR 919 541-5374 lamason.bill@epa.gov 109 T.W. Alexander Drive, Mail Code D205-02, Research Triangle Park NC 27709