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EPA/AR

RIN: 2060-AN80

Publication ID: Fall 2008

Title: National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing: Amendments
Abstract: The promulgated National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing included process vent requirements for inorganic HAP streams or inorganic process HAP streams. However, a small minority of process vents in the industry contain emission streams that combine inorganic and organic HAPs. The purpose of this amendment is to add a definition for mixed stream process vents in order to clarify the rule requirements and avoid the confusion caused by the current rule. These amendments will not add additional burden or cost to the rule. Due to the recent Brick MACT Decision, this package was pulled back and we are having conversations with OGC to discuss how to move forward. Because of this decision, adding information into this final would be finalizing something that we did not propose earlier, thus OGC has advised us that we are going to have to repropose instead of going with the final amendments. This amendment affects 1 facility (Kodak) in New York. The original compliance date was May 22, 2006, and the State granted the facility a 1 year extension to May 22, 2007. The facility has contacted the State of New York again and explained the situation with these amendments and they have agreed to give Kodak the necessary time to comply with the amendments once we issue them. The facility has also requested that the State contact the Regional Office (Region 2) to explain the situation to them, so that they are aware and will not enforce any compliance penalties. Thus, we are having to collect additional data from this one facility in order to set an emission limit. Due to needed review of the standard in light of the Brick MACT decision we have received OGC approval for the rule package in August 2007. The State of New York is aware of the delay in the changes and has temporarily decided to not enforce the standard until we can make the needed changes. The final rule was published July 22, 2008.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 63
Legal Authority: CAA title III

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	10/19/2006	71 FR 61701
NPRM Reproposal	04/02/2008	73 FR 17940
Final Action	07/22/2008	73 FR 42529

Additional Information: SAN No. 5055; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/October/Day-19/a17224.htm
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: John Schaefer Environmental Protection Agency Air and Radiation D205-02, Research Triangle Park, NC 27711 Phone:919 541-0296 Fax:919 541-1039 Email: schaefer.john@epa.gov Bob Schell Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code D243-05, Research Triangle Park, NC 27711 Phone:919 541-4116 Fax:919 541-3207 Email: schell.bob@epa.gov