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EPA/OAR RIN: 2060-AV70 Publication ID: Fall 2024 
Title: National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing Residual Risk and Technology Review 
Abstract:

This action addresses the agency’s amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Rubber Tire Manufacturing as a result of the D.C. Circuit’s opinion in Louisiana Environmental Action Network v. EPA, 955 F.3d 1088 (D.C. Cir. 2020) (“LEAN”). The Rubber Tire Manufacturing NESHAP, subpart XXXX, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on July 9, 2002, with corrections promulgated on March 12, 2003. The residual risk and technology review (RTR), was promulgated pursuant to CAA 112(f) and 112(d)(6) on July 24, 2020. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology for control of hazardous air pollutants (HAP) from facilities that are major sources of HAP and that manufacture rubber tires and components integral to rubber tires, as well as tire cord producers and puncture sealant operations. The primary HAP emitted from the rubber tire production process and puncture sealant operations are toluene and hexane. Tire cord operations also emit these HAP, but the more significant emissions from tire cord production are formaldehyde, styrene, and methanol. The court in LEAN held that EPA must set limits on uncontrolled hazardous air pollutant emissions when it conducts technology reviews under section 112(d)(6) of the CAA, 42 U.S.C. section 7412(d)(6). Pursuant to Blue Ridge Environmental Defense League v. Regan, Case No: 1:16-cv-00364-CRC (D.D.C. filed Feb. 24, 2016) Deadline for Final was initially March 29, 2024. Deadline was extended to November 13, 2024.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: Private Sector 
CFR Citation: 40 CFR 63 subpart PPP   
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  Court Order: Blue Ridge Environmental Defense League v. Regan, Case No: 1:16-cv-00364-CRC (D.D.C. filed Feb. 24, 2016) Deadline for Final was initially March 29, 2024. Deadline extended to November  11/13/2024 
Timetable:
Action Date FR Cite
NPRM  11/16/2023  88 FR 78692   
NPRM Comment Period Extended  12/22/2023  88 FR 88553   
Final Rule  11/29/2024  89 FR 94886   
Final Rule Effective  11/29/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Korbin Smith
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-04,
Research Triangle Park, NC 27711
Phone:919 541-2416
Email: smith.korbin@epa.gov