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EPA/AR RIN: 2060-AN99 Publication ID: Fall 2009 
Title: NESHAP: Mercury Cell Chlor-Alkali Plants--Amendments 
Abstract: This action is a supplemental proposal for amendment of the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chlor-alkali plants that was promulgated in 2003. The 2003 NESHAP limited mercury air emissions from existing plants and prohibited the use of mercury in new plants. Following promulgation of the 2003 NESHAP, EPA received a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the D.C. Circuit. By a letter dated April 8, 2004, EPA granted NRDC’s petition for reconsideration, and on July 20, 2004, the Court placed the petition for judicial review in abeyance pending EPA’s action on the reconsideration. In May 2008, EPA proposed amendments in response to NRDC’s petition for reconsideration. The 2008 amendments proposed changes to the regulation for cell room fugitive mercury emissions to require work practice standards for the cell rooms as well as to require instrumental monitoring of cell room fugitive mercury emissions. The 2008 proposed rule also amended aspects of the 2003 NESHAP to correct errors and inconsistencies that had been brought to EPA's attention since the NESHAP was promulgated. This supplemental proposal will add an additional control option to prohibit mercury emissions from existing plants that, in effect, requires conversion to an alternate chlorine production technology. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 63   
Legal Authority: 42 USC 7412   
Legal Deadline:
Action Source Description Date
Other  Judicial  Joint stipulation filed with DC Circuit court  05/31/2010 
Timetable:
Action Date FR Cite
NPRM  06/11/2008  73 FR 33258   
NPRM Comment Period End  08/11/2008    
Supplemental NPRM  05/00/2010    
Additional Information: SAN No. 5095; EPA publication information: NPRM--http://www.epa.gov/fedrgstr/EPA-AIR/2008/June/Day-11/a12618.pdf; We are planning a supplemental proposal to add an additional control option; EPA Docket information: EPA–HQ– OAR–2002–0017
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Donnalee Jones
Environmental Protection Agency
Air and Radiation
D243-02,
Research Triangle Park, NC 27711
Phone:919 541-5251
Fax:919 541-3207
Email: jones.donnalee@epa.gov

Nick Hutson
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2968
Fax:919 541-4991
Email: hutson.nick@epa.gov