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EPA/OAR | RIN: 2060-AU63 | Publication ID: Fall 2020 |
Title: National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review | |
Abstract:
This action will address the agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Primary Copper Smelting. The Primary Copper Smelting NESHAP, subpart QQQ, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on June 12, 2002. The NESHAP established emission limitations and/or work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from primary copper smelters that use conventional batch copper converters. The HAP emitted from primary copper smelters include HAP metals such as arsenic, beryllium, cadmium, chromium, lead, manganese, and nickel. This action will implement 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 (Community In-Power and Development Association v. Pruitt, No. 16-cv-1074KBJ (D.D.C. 2018)), the EPA is obligated to complete this final action by October 1, 2021. This action will also address the agency's technology review of the area source NESHAP for Primary Copper Smelting. The Primary Copper Smelting area source NESHAP, subpart EEEEEE, was promulgated pursuant to section 112(d) of the Clean Air Act on January 23, 2007. The area source NESHAP includes emissions limits and work practice standards that reflect the generally available control technologies (GACT) and/or management practices in the primary copper smelting category. This action will implement the technology review requirements of CAA section 112(d)(6). CAA section 112(d)(6) requires the EPA to review and revise the area source NESHAP standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. There is not a court-ordered deadline for review of the area source NESHAP. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: Undetermined |
EO 13771 Designation: Other | |
CFR Citation: 40 CFR 63 | |
Legal Authority: 42 U.S.C. 7412 Clean Air Act |
Legal Deadline:
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
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 Email: dawson.tonisha@epa.gov Chuck French Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code D243-02, Research Triangle Park, NC 27711 Phone:919 541-7912 Fax:919 541-4991 Email: french.chuck@epa.gov |