The United States Environmental Protection Agency (USEPA) is proposing a revision to 40 CFR 63 Subpart GGGGG - National Emission Standards for Hazardous Air Pollutants (NESHAP): Site Remediation.
On May 13, 2016, the USEPA published a proposed rule change to remove the exemptions for site remediation work conducted under the authority of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) under a Resource Conservation and Recovery Act (RCRA) corrective action or other CERCLA/RCRA order. The USEPA is also proposing to remove the requirement that a site remediation activity be co-located with other source categories subject to another NESHAP, i.e., a stand-alone site remediation site can now be subject to the rule if it is a major source of hazardous air pollutants (HAPs). This is the extent of the proposed rule changes. Comments on the proposed rule changes must be received on or before June 27, 2016.
Under the current rule, site remediation activities conducted under the authority of CERCLA/RCRA are exempt, and the site remediation must be co-located with another stationary source that is regulated by another subpart under 40 CFR Part 63.
Site remediation activities are subject to the requirements of the rule if the total quantity of the HAPs (listed in Table 1 of the rule) contained in the remediation material excavated, extracted, pumped, or otherwise removed during all of the site remediation conducted at the facility is equal to or greater than 1 megagram (Mg) annually. If the total annual quantity is less than 1 Mg, then the facility is only subject to recordkeeping requirements to demonstrate that less than 1 Mg of HAPs is removed.
How can GHD help?
If a facility is currently exempt from the rule because of the CERCLA/RCRA exemption, owners will have 18 months to comply with the revised rule once it is finalized.
If you have a site remediation currently being conducted under the authority of CERCLA under a RCRA corrective action or other RCRA order, GHD recommends a site remediation rule applicability analysis to determine your potential obligations under the proposed rule change.
If you have questions about the proposed rule change and impact it may have on your operations, contact:
- Sube Vel | E: sube.vel@ghd.com | T: +1 734 357 5523
- Peter Romzick | E: peter.romzick@ghd.com | T: +1 734 357 5522