Exemptions Removed from Site Remediation NESHAP – What This Means for Your New or Existing Remediation Projects

In 2022, United States Environmental Protection Agency (USEPA) finalized amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the site remediation source category (40 CFR Part 63 Subpart GGGGG), which removed exemptions for remediation activities performed under the authority of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). Subpart GGGGG applies only to active remediation operations at sites that are major sources of hazardous air pollutants (HAPs) and are co-located at a facility regulated by another NESHAP.[1] Before the 2022 amendments, remediation activities performed under CERCLA as a remedial action or a non-time-critical removal action, as well as those activities performed under RCRA at treatment, storage, and disposal facilities did not have to adhere to emissions limitations and work practices standards for HAPs emitted from those site activities.

Why Did USEPA Amend NESHAP Subpart GGGGG?

The 2022 amendments are the result of challenges by environmental petitioners to a Risk and Technology Review (RTR) of the rule, performed in 2019 and 2020. The petitioners also claimed that the rule should regulate emissions of non-organic HAPs, including heavy metal HAPs, from site remediation activities. USEPA has indicated that it intends to address this in a later action.

Going Forward

If the remediation source commenced construction or reconstruction after May 13, 2016, it is now required to comply with Subpart GGGGG, effective December 22, 2022, or upon initial startup, whichever is later.

If the remediation source commenced construction on or before May 13, 2016, compliance will be required with Subpart GGGGG by June 24, 2024. Refer to Federal Register: National Emission Standards for Hazardous Air Pollutants: Site Remediation for more information.

EHS Support can help your facility with NESHAP compliance at your industrial and remediation sites.

To learn more, please contact Katie Milk at 330-687-3664.

[1] Although USEPA had proposed to remove this “co-location” criterion, the co-location condition was retained.



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