Infrastructure for New HAP Additions
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Rule Summary
Section 112(b) of the CAA established a list of 189 hazardous air pollutants (HAP). This provision of the CAA also provides EPA with the authority to modify the list. EPA determined that there are several regulatory implications and issues that must be addressed to fully integrate a newly listed HAP into the existing CAA section 112 program. This rule, when finalized, will address the immediate regulatory effects of adding a HAP to the HAP list.
In addition to discussing impacts that require no rule changes (e.g., title V/operating permit requirements), the proposed rule addresses three specific issues potentially requiring changes to existing regulatory language.
- First, there is the issue of whether already promulgated National Emission Standards for Hazardous Air Pollutants (NESHAP) would apply to a newly listed HAP. For example, for a NESHAP with a limit for total HAP, there is a question of whether a source that is subject to the limit must include emissions of the newly listed HAP in determining whether the source meets that limit.
- Second, there is the evaluation of the permitting implications for facilities that become major sources under CAA section 112 solely due to the addition of a new HAP to the HAP list (hereinafter Major Source Due to Listing or “MSDL” facilities).
- Finally, for a MSDL facility that triggers the applicability of a major source NESHAP, there is the question of the applicable emission standards (in particular, whether the source is subject to the standards for new sources or existing sources) and the compliance deadlines for those newly applicable standards.
Rule History
09/13/2023 - Proposed Rule
Additional Resources
Fact Sheet: Proposed Requirements for Adding New Substances to the List of HAP (docx)