Issuance of Guidance Memorandum, “Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act”, 5543 [2018-02331]

Download as PDF Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations 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: torres.elineth@epa.gov or dalcher.debra@epa.gov, respectively. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia § 52.2520 2. In § 52.2520, the table in paragraph (c) is amended by: ■ a. Removing the table heading ‘‘[45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides’’ and the entries ‘‘Section 45–39–1’’ through ‘‘Section 45–39–90’’; ■ b. Removing the table heading ‘‘[45 CSR] Series 41 Control of Annual Sulfur Dioxides Emissions’’ and the entries ‘‘Section 45–41–1’’ through ‘‘Section 45–41–90’’. ■ [FR Doc. 2018–02463 Filed 2–7–18; 8:45 am] BILLING CODE 6560–50–P 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’’ Environmental Protection Agency (EPA). ACTION: Issuance and withdrawal of guidance memorandums. AGENCY: 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-airpollution/reclassification-majorsources-area-sources-under-section-112clean. nshattuck on DSK9F9SC42PROD with RULES SUMMARY: Ms. Elineth Torres or Ms. Debra Dalcher, Policy and Strategies Group, Sector Policies and Programs Division (D205– VerDate Sep<11>2014 14:13 Feb 07, 2018 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. 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 Dated: January 25, 2018. Panagiotis E. Tsirigotis, Director, Office of Air Quality Planning and Standards. SUPPLEMENTARY INFORMATION: [Amended] FOR FURTHER INFORMATION CONTACT: Jkt 244001 5543 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 [FR Doc. 2018–02331 Filed 2–7–18; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 27, 54, 73, 74, and 76 [MB Docket No. 17–105; FCC 18–3] Deletion of Rules Made Obsolete by the Digital Television Transition Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) eliminates rules that have been made obsolete by the digital television transition. DATES: These rule revisions are effective on February 8, 2018. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Raelynn Remy of the Policy Division, Media Bureau at Raelynn.Remy@fcc.gov, or (202) 418– 2120. SUMMARY: This is a summary of the Commission’s Report and Order (Order), FCC 18–3, adopted and released on January 24, 2018. The full text is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW, Room CY–A257, Washington, DC 20554. This document will also be available via ECFS at https://apps.fcc.gov/edocs_ public/attachmatch/FCC-18-3A1.docx. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. The complete text may be purchased from the Commission’s copy contractor, 445 12th Street SW, Room CY–B402, Washington, DC 20554. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to fcc504@fcc.gov or calling the Commission’s Consumer and SUPPLEMENTARY INFORMATION: E:\FR\FM\08FER1.SGM 08FER1

Agencies

[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.

-----------------------------------------------------------------------

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
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