View Rule

This proposal will address the Agency’s residual risk and technology reviews (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing (MON) and Miscellaneous Coating Manufacturing. These NESHAPs were promulgated pursuant to section 112(d) of the Clean Air Act (CAA) and established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP).

The MON, subpart FFFF, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on November 10, 2003. The NESHAP controls emissions of HAP from continuous process vents, batch process vents, storage tanks, equipment leaks, wastewater streams, transfer racks, and heat exchange systems. The HAP emitted from these sources include toluene, methanol, xylene, hydrogen chloride and methylene chloride.

The Miscellaneous Coating Manufacturing, subpart HHHHH, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on December 11, 2003. The NESHAP controls emissions of HAP from process vessels, storage tanks, equipment leaks, wastewater streams, transfer operations and heat exchange systems. The organic HAP emitted from these sources include toluene, xylene, glycol ethers, and methyl isobutyl ketone.

These actions will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). The statute directs the EPA to promulgate emission standards under CAA 112(f)(2) if such standards are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. Any such standards are to be promulgated within 8 years after promulgation of MACT standards under CAA section 112(d). CAA section 112(d)(6) requires the EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes, and control technologies, no less often than every 8 years. Pursuant to a court order, the EPA is obligated to complete the MON final action by March 13, 2020. In consideration of this deadline, which also applies to 19 other RTR source categories, we established an internal schedule for this RTR to be proposed and finalized prior to the court order deadline. Pursuant to a court order related to the review of 13 source categories, the EPA must complete seven final RTR actions by December 31, 2018, and six additional RTR actions by June 30, 2020. The EPA currently plans to complete the Miscellaneous Coating Manufacturing action by March 13, 2020.

Overall Description of Deadline: Final Rule 3/13/2020 - Court Order: United States District Court for the District of Columbia; California Communities Against Toxics, et al. v. Scott Pruitt; Case 1:15-cv-00512-TSC; 3/13/17, for the MON. 6/30/20, final rule signature, for Miscellaneous Coating Manufacturing, United States District Court for the District of Columbia; Blue Ridge Environmental Defense League, et al. v. Scott Pruitt; Case No. 16-cv-00364 (CRC), 3/22/17.