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This final rule addresses the agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing (MON). 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). 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, but are not limited to, toluene, methanol, xylene, hydrogen chloride, methylene chloride and ethylene oxide. 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 (California Communities Against Toxics v. Pruitt, Case No: 1:15-cv-00512 (D.D.C.)), the EPA is obligated to complete the MON final action by May 29, 2020. In consideration of this deadline, we established an internal schedule for this RTR to be finalized prior to the court order deadline.

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;03/13/2017.