[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Page 5543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02331]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-9973-51-OAR]
RIN 2060-AM75


Issuance of Guidance Memorandum, ``Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Issuance and withdrawal of guidance memorandums.

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SUMMARY: The Environmental Protection Agency (EPA) is notifying the 
public that it has issued the guidance memorandum titled 
``Reclassification of Major Sources as Area Sources Under Section 112 
of the Clean Air Act''. The EPA is also withdrawing the memorandum 
titled ``Potential to Emit for MACT Standards--Guidance on Timing 
Issues.''

DATES: Effective on February 8, 2018.

ADDRESSES: You may view this guidance memorandum electronically at: 
https://www.epa.gov/stationary-sources-air-pollution/reclassification-major-sources-area-sources-under-section-112-clean.

FOR FURTHER INFORMATION CONTACT: Ms. Elineth Torres or Ms. Debra 
Dalcher, Policy and Strategies Group, Sector Policies and Programs 
Division (D205-02), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number: (919) 541-4347 or (919) 541-2443, 
respectively; and email address: [email protected] or 
[email protected], respectively.

SUPPLEMENTARY INFORMATION: On January 25, 2018, the EPA issued a 
guidance memorandum that addresses the question of when a major source 
subject to a maximum achievable control technology (MACT) standard 
under CAA section 112 may be reclassified as an area source, and 
thereby avoid being subject thereafter to major source MACT and other 
requirements applicable to major sources under CAA section 112. As is 
explained in the memorandum, the plain language of the definitions of 
``major source'' in CAA section 112(a)(1) and of ``area source'' in CAA 
section 112(a)(2) compels the conclusion that a major source becomes an 
area source at such time that the source takes an enforceable limit on 
its potential to emit (PTE) hazardous air pollutants (HAP) below the 
major source thresholds (i.e., 10 tons per year (tpy) of any single HAP 
or 25 tpy of any combination of HAP). In such circumstances, a source 
that was previously classified as major, and which so limits its PTE, 
will no longer be subject either to the major source MACT or other 
major source requirements that were applicable to it as a major source 
under CAA section 112.
    A prior EPA guidance memorandum had taken a different position. See 
Potential to Emit for MACT Standards--Guidance on Timing Issues.'' John 
Seitz, Director, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, (May 16, 1995) (the ``May 1995 Seitz 
Memorandum''). The May 1995 Seitz Memorandum set forth a policy, 
commonly known as ``once in, always in'' (the ``OIAI policy''), under 
which ``facilities may switch to area source status at any time until 
the `first compliance date' of the standard,'' with ``first compliance 
date'' being defined to mean the ``first date a source must comply with 
an emission limitation or other substantive regulatory requirement.'' 
May 1995 Seitz Memorandum at 5. Thereafter, under the OIAI policy, 
``facilities that are major sources for HAP on the `first compliance 
date' are required to comply permanently with the MACT standard.'' Id. 
at 9.
    The guidance signed on January 25, 2018, supersedes that which was 
contained in the May 1995 Seitz Memorandum.
    The EPA anticipates that it will soon publish a Federal Register 
document to take comment on adding regulatory text that will reflect 
EPA's plain language reading of the statute as discussed in this 
memorandum.

    Dated: January 25, 2018.
Panagiotis E. Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2018-02331 Filed 2-7-18; 8:45 am]
 BILLING CODE 6560-50-P


