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EPA/OAR

RIN: 2060-AT85

Publication ID: Fall 2020

Title: National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing Residual Risk and Technology Review
Abstract: 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. 2017)), the EPA was obligated to complete the MON final action by May 29, 2020. It was signed on May 29, 2020, and published in the Federal Register on August 12, 2020 (85 FR 49084).
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
EO 13771 Designation: Regulatory
CFR Citation: 40 CFR 63
Legal Authority: 42 U.S.C. 7412 Clean Air Act

Legal Deadline:

Action	Source	Description	Date
Final	Judicial	15-cv-00512-TSC; 2/19/20, Order on Motion to Modify the Court's Order of March 13, 2017.	05/29/2020

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;03/13/2017.

Timetable:

Action	Date	FR Cite
NPRM	12/17/2019	84 FR 69182
Final Rule	08/12/2020	85 FR 49084
Final Rule Effective	08/12/2020

Additional Information: Docket #:EPA-HQ-OAR-2018-0746
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: https://www.epa.gov/stationary-sources-air-pollution/miscellaneous-organic-chemical-manufacturing-national-emission	Public Comment URL: https://www.regulations.gov/docket?D=EPA-HQ-OAR-2018-0746
Sectors Affected: 325 Chemical Manufacturing
RIN Data Printed in the FR: No
Agency Contact: Tegan Lavoie Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code E143-01, Research Triangle Park, NC 27711 Phone:919 541-5110 Email: lavoie.tegan@epa.gov Jennifer Caparoso Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code E143-01, Research Triangle Park, NC 27711 Phone:919 541-4063 Fax:919 541-0516 Email: caparoso.jennifer@epa.gov