Reclassifying facilities must keep stricter emission standards for 7 HAPs

A final rule issued by the Environmental Protection Agency (EPA) in September 2024 requires facilities that reclassify from major to area source status under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program to continue to meet the major source emission standards for seven persistent and bioaccumulative hazardous air pollutants (HAPs).

Who does this impact?

The final rule applies to facilities subject to any of the seven major source NESHAPs that reclassify from major to area source status. The major and area source categories differ based on the emissions and/or potential to emit (PTE) certain hazardous air pollutants. Major sources emit or have the PTE:

• 10+ tons per year of one HAP, or
• 25+ tons per year of a combination of HAPs.

Area sources are facilities with actual and/or potential emissions below these thresholds.

Which HAPs are affected?

The final rule targets seven HAPs:

• Alkylated lead compounds,
• Hexachlorobenzene,
• Mercury,
• Polychlorinated biphenyls (or PCBs),
• Polycyclic organic matter (or POM),
• 2,3,7,8-tetrachlorodibenzofurans (or TCDR), and
• 2,3,7,8-tetrachlorodibenzo-p-dioxin (or TCDD).

What are the notification changes?

The final rule also made minor adjustments to the reclassification notification requirements. Specifically, the agency clarifies that facilities must:

• Submit reclassification applications electronically through the Compliance and Emissions Data Reporting Interface on EPA’s Central Data Exchange, and
• Include the required information listed at 40 CFR 63.9(j)(1)–(4).

EPA also added electronic submission procedures for confidential business information.

Key to remember: Facilities that reclassify from major to area source status under EPA’s NESHAP program must continue complying with the major source emission standards for seven hazardous air pollutants.