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These amendments would address when a major source can become an area source, and, thus, become not subject to national emission standards for hazardous air pollutants (NESHAP) for major sources under Clean Air Act (CAA) section 112. The amendments will 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.) This action will provide an opportunity for interested persons to provide comment on many of the same issues covered in the 2007 NESHAP: General Provision Amendments (72 FR 69, January 3, 2017).

Statement of Need:

The EPA will issue a proposed rule to add regulatory text that reflects EPA's plain language reading of the statute as discussed in the January 25, 2018, William Wehrum Memorandum (see notice in 83 FR 5543, February 8, 2018).

Summary of the Legal Basis:

The January 25, 2018, William Wehrum Memorandum withdrew the Once In, Always In (OIAI) policy that required facilities that are major sources for HAP on the first substantive compliance date of a NESHAP maximum achievable control technology (MACT) standard to comply permanently with the MACT standard. The EPA will issue a proposal to add regulatory text that reflects EPA’s plain language reading of the statute as discussed in the January 25, 2018, William Wehrum Memorandum.

Alternatives:

Not yet determined.

Anticipated Costs and Benefits:

Adding regulatory text to be consistent with the plain language reading will allow sources classified as major to become area sources. This could lead to regulatory burden reduction for sources that have reclassified to area source status by not having to comply with previously applicable CAA section 112 major source requirements. An analysis to determine cost savings and benefits is underway to support issuance of a proposed rule.

Risks:

Not yet determined.