View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OAR RIN: 2060-AT34 Publication ID: Spring 2020 
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) required 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 (California Communities Against Toxics v. Pruitt, Case No: 1:15-cv-00512 (D.D.C.)), the EPA was obligated to complete the final action by March 13, 2020.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
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  03/12/2020  85 FR 14526   
Final Rule Effective  03/12/2020 
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
Mail Code D243-02, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711
Phone:991 541-1454
Fax:991 541-4991

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