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EPA/OAR RIN: 2060-AU63 Publication ID: Spring 2021 
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 section 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. 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 CAA 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. The Primary Copper Smelting major source NESHAP, subpart QQQ has a court-ordered deadline for signature of the final rule by April 1, 2022.

 
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: No 
CFR Citation: 40 CFR 63   
Legal Authority: 42 U.S.C. 7412 Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  16-cv-01074-KBJ; 3/31/18.  10/01/2021 
Timetable:
Action Date FR Cite
NPRM  05/00/2021 
Final Rule  04/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
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
D243-02,
Research Triangle Park, NC 27711
Phone:919 541-1454
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