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EPA/OAR RIN: 2060-AU16 Publication ID: Fall 2019 
Title: National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing Residual Risk and Technology Review 

This final rule addresses the agency's residual risk and technology reviews (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Miscellaneous Coating Manufacturing. This NESHAP was 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). Miscellaneous Coating Manufacturing NESHAP, subpart HHHHH, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on December 11, 2003 and covers facilities that manufacture paints, inks, and adhesives. 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, but are not limited to, toluene, xylenes and methyl isobutyl ketone. 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). 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 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. In consideration of this deadline, we established an internal schedule for this RTR to be proposed and finalized prior to the court order deadline. The proposed rule did not make any changes based on the risk and technology reviews. The EPA did propose to amend provisions addressing periods of startup, shutdown and malfunction, require electronic reporting and require periodic performance testing every 5 years for facilities using add-on controls to demonstrate compliance with the NESHAP.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 63   
Legal Authority: 42 U.S.C. 7412, Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  16-cv-00364-CRC; Filed 03/22/2017.  06/30/2020 
Action Date FR Cite
NPRM  09/04/2019  84 FR 46610   
NPRM Comment Period End  10/21/2019 
Final Rule  06/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
Sectors Affected: 3255 Paint, Coating, and Adhesive Manufacturing; 3259 Other Chemical Product and Preparation Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Angela Carey
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27709
Phone:919 541-2187

Jennifer Caparoso
Environmental Protection Agency
Office of Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-4063