EPA to Allow Major Sources of Air Pollution to Reclassify as Area Sources

EPA issued a guidance memorandum withdrawing the "once in always in" policy for the classification of major sources of hazardous air pollutants under section 112 of the Clean Air Act. With the new guidance, sources of hazardous air pollutants previously classified as "major sources" may be reclassified as area sources when the facility limits its potential to emit below major source thresholds.

EPA issued a guidance memorandum withdrawing the "once in always in" policy for the classification of major sources of hazardous air pollutants under section 112 of the Clean Air Act. With the new guidance, sources of hazardous air pollutants previously classified as "major sources" may be reclassified as area sources when the facility limits its potential to emit below major source thresholds.

"This guidance is based on a plain language reading of the statute that is in line with EPA’s guidance for other provisions of the Clean Air Act," said Bill Wehrum, assistant administrator of EPA’s Office of Air and Radiation. "It will reduce regulatory burden for industries and the states, while continuing to ensure stringent and effective controls on hazardous air pollutants."

The Clean Air Act defines a "major source" as a one that emits, or has the potential to emit, 10 tons per year of any hazardous air pollutant, or 25 tons per year or more of any combination of hazardous air pollutants. Sources with emissions below this threshold are classified as "area sources." Different control standards apply to the source depending on whether or not it is classified as a "major source" or an "area source."

In a 1995 memo, EPA established a "once in always in" policy that determined that any facility subject to major source standards would always remain subject to those standards, even if production processes changed or controls were implemented that eliminated or permanently reduced that facility’s potential to emit hazardous air pollutants.

The recent memo states that the EPA had no statutory authority under the Clean Air Act to place a time limit on when a facility may be determined to be an area source, and that a plain language reading of the Act must allow facilities to be reclassified as area sources once their potential to emit hazardous air pollutants falls below the levels that define major sources.

EPA said that it will soon publish a Federal Register notice to take comment on adding regulatory text that will reflect EPA’s reading of the statute as discussed in this memorandum.

John Walke, clean air director at the Natural Resources Defense Council said, "this is among the most dangerous actions that the Trump EPA has taken yet against public health. Rolling back longstanding protections to allow the greatest increase in hazardous air pollutants in our nation’s history is unconscionable. This move drastically weakens protective limits on air pollutants like arsenic, lead, mercury and other toxins that cause cancer, brain damage, infertility, developmental problems and even death. And those harmed most would be nearby communities already suffering a legacy of pollution. NRDC will fight this terrible decision to unleash toxic pollutants with every available tool."

TSCA Reset Webcast

If your company manufactured or imported chemicals between June 21, 2006 and June 21, 2016, the EPA’s TSCA Inventory reset rule requires you to identify those substances as active on EPA central data exchange (CDX) by February 8, 2018.

If you process or use chemicals, you may identify them as active on the TSCA Inventory October 6, 2018. After October 6, 2018, chemicals which have not been identified as active on the TSCA Inventory may not, unless exempted, be imported, manufactured, processed, or used in commerce, in the United States.

In this webcast, you will learn:

How the TSCA Inventory applies to the chemicals you use, manufacture, or import

How the TSCA Reset rule applies to your operations

Which chemicals are regulated, and which are exempt

How to check the status of your chemicals

How to use EPA’s CDX to report your chemical as active

How to report your chemicals if you miss the deadline

Impact on Safety Data Sheets

Two sessions of this interactive, instructor-led webcast will be offered on January 30, 2018 and February 1, 2018 from 1:00-4:00 pm Eastern Standard Time.

Tampa Hazardous Waste and DOT Training

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Nashville Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Nashville, TN, on February 20-22 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Kansas City Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Kansas City, MO, on February 20-22 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

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