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The final rule, Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (Major MACT to Area- MM2A final rule), was promulgated on November 19, 2020. (See 85 FR 73854)  The MM2A final rule became effective on January 19, 2021. On January 20, 2021, President Biden issued Executive Order 13990 Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. The EPA has identified the MM2A final rule as an action being considered pursuant section (2)(a) of Executive Order 13990. Under this review, EPA, as appropriate and consistent with the Clean Air Act section 112, published for comment a notice of proposed rulemaking reviewing the MM2A final rule. As the Agency developed this proposal, we sought to increase participation and engagement of members of the public affected by this action. The agency held multiple pre-proposal outreach meetings with environmental non-governmental organizations representing communities as well as associations of state/local government agencies.

Statement of Need:

The EPA issued a notice of proposed rulemaking of EPA’s review of the final rule Reclassification of Major Sources as Area Sources Under section 112 of the Clean Air Act (Major MACT to Area- MM2A final rule) pursuant Executive Order 13990. Pursuant section (2)(a) of Executive Order 13990 Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, the EPA is to review the MM2A final rule and as appropriate and consistent with the Clean Air Act section 112, to publish for comment a notice of proposed rulemaking either suspending, revising, or rescinding the MM2A final rule.

Summary of the Legal Basis:

The EPA issued a final rulemaking on November 19, 2020. The final MM2A rule provides that a major source can be reclassified to area source status at any time upon reducing its potential to emit (PTE) hazardous air pollutants (HAP) to below the major source thresholds (MST) of 10 tons per year (tpy) of any single HAP and 25 tpy of any combination of HAP. Pursuant section (2)(a) of Executive Order 13990 Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, the EPA is to review the MM2A final rule and as appropriate and consistent with the Clean Air Act section 112, to publish for comment a notice of proposed rulemaking either suspending, revising, or rescinding the MM2A final rule.

Alternatives:

The EPA will take comments on the review of the final MM2A and EPA’s proposed rulemaking either suspending, revising, or rescinding the MM2A final rule.

Anticipated Costs and Benefits:

 The proposed action does not have quantified costs or benefits.

Risks:

The proposed action does not address public health risks.