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EPA/OAR RIN: 2060-AU99 Publication ID: Fall 2020 
Title: ●Standards of Performance for Primary Copper Smelters Amendments 
Abstract: The Primary Copper Smelting New Source Performance Standards (NSPS) were promulgated on January 15, 1976, and required new, modified and reconstructed primary copper smelters to limit particulate matter emissions from dryers and sulfur dioxide emissions from roasters, smelting furnaces and copper converters. This action, a review of the 1976 NSPS under the authority of Clean Air Act (CAA) section 111(b), will address greenhouse gas (GHG) emissions from new, modified and reconstructed primary copper smelters. In this action EPA intends to propose and apply criteria for determining whether GHG emissions from the Primary Copper Smelting source category contribute significantly to air pollution, and, therefore, whether or not that pollutant should be regulated under the NSPS. If EPA proposes to find that GHG emissions from the Primary Copper Smelting source category should be regulated under the NSPS through a significant contribution finding, this action would also propose standards of performance to limit emissions of GHGs from new, modified and reconstructed primary copper smelters. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 40 CFR 60   
Legal Authority: 42 U.S.C. 7411 Clean Air Act   
Legal Deadline:
Action Source Description Date
None       

Statement of Need: To determine if the Copper Smelting NSPS source category provides a significant contribution to the endangerment of health from the emissions of greenhouse gases. An analysis will be performed to determine whether there is a significant contribution finding.

Summary of the Legal Basis: Under the premise described in the final Oil and Gas policy package (subpart OOOOa), it is the EPA's obligation to make an evaluation for a significant contribution finding prior to regulating greenhouse gases in a NSPS source category. This action will make a finding of whether this source category significantly contributes via the language described in Clean Air Act section 111(b)(1)(A).

Alternatives: No alternatives are being considered.

Anticipated Costs and Benefits: The agency is not projecting any costs or benefits.

Risks: No risk assessment was done since this action involves emissions of greenhouse gas.

Timetable:
Action Date FR Cite
NPRM  01/00/2021 
Final Rule  10/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 331410 Nonferrous Metal (except Aluminum) Smelting and Refining 
RIN Data Printed in the FR: No 
Agency Contact:
Nicholas Swanson
Environmental Protection Agency
Office of Air and Radiation
E143-03,
Research Triangle Park, NC 27711
Phone:919 541-4080
Email: swanson.nicholas@epa.gov

Tonisha Dawson
Environmental Protection Agency
Office of Air and Radiation
D243-02,
Research Triangle Park, NC 27711
Phone:919 541-1454
Email: dawson.tonisha@epa.gov