Site Remediation Mact Summary

2. What facilities are subject to this rule?

The final rule applies to certain types of site remediation activities that are conducted at a facility where non-remediation sources are a major source of HAP emissions. A major source is considered as those sources that emit 10 tons per year or more of a listed hazardous air pollutant or 25 tons per year or more of a combination of regulated air pollutants. Site remediation includes one or more activities or processes used to remove, destroy, degrade, transform, immobilize or otherwise manage remediation material.  

This rule may be applicable to any type of business or facility at which a site remediation  is conducted to clean up media contaminated with organic HAP and other hazardous materials.  As such, for many businesses and facilities subject to this rule, the regulated sources (i.e., the site remediation activity) are not the predominant activity, process, operation or service conducted at that business or facility.

Certain types of site remediations are exempt from being subject to the final rule, including the following:

• Site remediations that only clean up material that does not contain any of the hazardous air pollutants listed in Table 1 of this rule,
• Site remediations that are performed under the authority of the Comprehensive Environmental Response and Compensation Liability Act (CERCLA) as a remedial action or a non time-critical removal action,
• Site remediations that are performed under a Resource Conservation and Recovery Act (RCRA) corrective action conducted at a treatment, storage and disposal facility (TSDF) that is either required by a permit issued by the US EPA or an authorized State RCRA program,
• Site remediations conducted at gasoline service stations to clean up remediation material from a leaking underground storage tank,
• Site remediations conducted at a farm or residential site, and
• Site remediations conducted at research and development facilities that meet the requirements under the Clean Air Act (CAA) section 112(c)(7).