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EPA/OAR RIN: 2060-AT34 Publication ID: Fall 2019 
Title: National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing Residual Risk and Technology Review 

This final rule addresses the Agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asphalt Processing and Asphalt Roofing Manufacturing. The Asphalt Processing and Asphalt Roofing Manufacturing NESHAP, subpart LLLLL, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on May 7, 2003. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from asphalt processing and asphalt roofing manufacturing. Asphalt processing facilities produce "blown" asphalt for use in the asphalt roofing manufacturing industry and elsewhere. The emissions sources at processing facilities are blowing stills, storage tanks, and loading racks. Asphalt roofing manufacturing facilities produce shingles and roll roofing products by applying the "blown" asphalt to a fiberglass or felt substrate. The emissions sources at roofing manufacturing facilities include coaters, coating mixers, applicators, and storage tanks. The HAP emitted from these processes include organic compounds such as formaldehyde, hexane, phenol, polycyclic organic matter, and toluene. This action implements the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). CAA 112(f)(2) directs EPA to revise the NESHAP if such revisions 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. 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 final action by March 13, 2020.

On May 2, 2019, the EPA published the RTR proposed rule. In that action, the EPA proposed that risks due to HAP emissions from the source category are acceptable and that the current NESHAP provides an ample margin of safety. The EPA also proposed amendments to: correct and clarify regulatory provisions related to emissions during periods of startup, shutdown and malfunction to be consistent with recent court decisions; add electronic reporting of performance test results and reports, and compliance reports; add flexibility to monitoring requirements for particulate matter controls by proposing an option to use the manufacturer’s specifications to establish pressure drop limits and adjust the temperature limit from the temperature measured during testing to 120 percent of the measured temperature; and require periodic testing of once every 5 years.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 63   
Legal Authority: 42 U.S.C. 7401 et seq., Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  15-cv-00512-TSC; 3/13/17.  03/13/2020 

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.

Action Date FR Cite
NPRM  05/02/2019  84 FR 18926   
NPRM Comment Period End  06/17/2019 
Final Rule  03/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 32411 Petroleum Refineries; 324122 Asphalt Shingle and Coating Materials Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Tonisha Dawson
Environmental Protection Agency
Office of Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-1454

Rochelle Boyd
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D-243-02,
Research Triangle Park, NC 27711
Phone:919 541-1390