Congressional Review Act Revocation of 2024 Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act

The U.S. Environmental Protection Agency (EPA or Agency) is amending the Code of Federal Regulations (CFR) to remove the provisions finalized by the EPA in a 2024 rule titled "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act" (2024 Rule) and restoring the language of the final rule titled "Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act," published November 19, 2020, and with minor corrections published December 28, 2020. Under the Congressional Review Act (CRA), Congress passed, and the President signed, a joint resolution of disapproval of the 2024 Rule. The 2024 Rule amended the General Provisions that apply to National Emission Standards for Hazardous Air Pollutants (NESHAP) by requiring certain sources of persistent and bioaccumulative hazardous air pollutants (HAP) listed in Clean Air Act (CAA) section 112(c)(6) to continue to comply with major source emission standards under CAA section 112(d)(2) or standards under CAA section 112(d)(4) even if the sources reclassify as area sources. Under the joint resolution and by operation of the CRA, the 2024 Rule has no legal force or effect.