Site Remediation: National Emission Standards for Hazardous Air Pollutants (NESHAP)
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Rule Summary
The 2006 final rule implements the Clean Air Act (CAA) section 112(d) to control hazardous air pollutants (HAP) emissions at major sources where remediation technologies and practices are used at the site to clean up contaminated environmental media (e.g., soil, groundwater, or surface water) or certain stored or disposed materials that pose a reasonable potential threat to contaminate environmental media.
Site remediations subject to the final rule are required to control emissions of organic HAP by meeting emissions limitations and work practice standards reflecting the application of maximum achievable control technology (MACT). The final rule applies to certain types of site remediation activities that are collocated at facilities where non-remediation sources are a major source of HAP emissions. Site remediations conducted under the authority of Comprehensive Environmental Response and Compensation Liability Act (CERCLA) or a Resource Conservation and Recovery Act (RCRA) corrective action order or other RCRA order are not subject to the 2006 final rule.
On May 13, 2016, the EPA proposed changes to the 2006 final rule to remove the exemptions for site remediation activities conducted under the authority of CERCLA or under a RCRA corrective action or other RCRA order in response to a petition for reconsideration. EPA also proposed to require non-collocated site remediations with the potential to emit major source thresholds of HAP on their own to comply with the rule requirements. The public comment period ended on July 27, 2016.
Rule History
12/22/2022 - Final rule; notification of final action on reconsideration (87 FR 78545)
07/10/2020 - Final Rule (85 FR 41680)
09/03/2019 - Proposed Rule (84 FR 46138) (pdf) (451 KB)
06/24/2016 – Extension of Public Comment Period (81 FR 41282) (pdf) (215 KB)
05/13/2016 – Proposed Rule (81 FR 29821) (pdf) (248 KB)
11/29/2006 – Final Rule (71 FR 69011) (pdf) (198 KB)
05/01/2006 – Proposed Rule (71 FR 25531) (pdf) (204 KB)
10/08/2003 – Final Rule (68 FR 58172) (pdf) (333 KB)
08/09/2002 – Federal Register Correction (67 FR 51928) (pdf) (110 KB)
07/30/2002 – Proposed Rule (67 FR 49398) (pdf) (341 KB)
Additional Resources
Fact Sheet: Final Amendments to Air Toxics Standards for Site Remediation (pdf)
Fact Sheet: Final Amendments to Air Toxics Standards for Site Remediation
Site Remediation Proposed Risk and Technology Review Rulemaking Fact Sheet
Site Remediation Facility List (xlsx)
View the supporting documents in the docket folder to find additional related documents to this rule.
Compliance
Applicability Determination Index (ADI) The ADI is maintained by EPA's Office of Enforcement and Compliance Assurance (OECA) and provides a data base of memoranda dealing with applicability issues. The database is searchable by Subpart.