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B-332743 1 (2020-12-01)

handle is hein.gao/gaobaecgl0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332743 December 1, 2020 The Honorable John Barrasso Chairman The Honorable Thomas R. Carper Ranking Member Committee on Environment and Public Works United States Senate The Honorable Frank Pallone, Jr. Chairman The Honorable Greg Walden Ranking Member Committee on Energy and Commerce House of Representatives Subject: Environmental Protection Agency: Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Environmental Protection Agency (EPA) entitled Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (RIN: 2060-AM75). We received the rule on October 2, 2020. It was published in the Federal Register as a final rule on November 19, 2020. 85 Fed. Reg. 73854. The effective date of this rule is January 19, 2021. According to EPA, this rule finalizes amendments to the General Provisions that apply to National Emission Standards for Hazardous Air Pollutants (NESHAP). EPA stated these amendments implement the plain language reading of the major source and area source definitions of section 112 of the Clean Air Act and provide that a major source can be reclassified to area source status at any time upon reducing its potential to emit hazardous air pollutants (HAP) to below the major source thresholds of 10 tons per year (tpy) of any single HAP and 25 tpy of any combination of HAP. See 42 U.S.C. § 7412. EPA stated further that this rule also finalizes amendments to clarify the compliance dates, notification, and recordkeeping requirements that apply to sources choosing to reclassify to area source status and to sources that revert back to major source status, including a requirement for electronic notification. Enclosed is our assessment of EPA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any

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