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EPA/OAR

RIN: 2060-AU67

Publication ID: Spring 2021

Title: National Emission Standards for Hazardous Air Pollutants: Refractory Products Manufacturing Residual Risk and 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 Refractory Products Manufacturing. The Refractory Products Manufacturing NESHAP, 40 CFR Part 63 subpart SSSSS, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on April 16, 2003. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from ovens, kilns, preheaters, and dryers. The HAP emitted from ovens, kilns, preheaters, and dryers include: ethylene glycol, formaldehyde, HF, HCl and phenol. 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. The EPA proposed revisions to the Refractory Manufacturing Products NESHAP based on the results of the RTR on January 14, 2021 (86 FR 3097). No public hearing was requested; however, the public comment period was extended 30 days to March 31, 2021 to provide additional time for stakeholder review and comment.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final 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	01/14/2021	86 FR 3079
NPRM Comment Period Extended	02/23/2021	86 FR 10909
NPRM Comment Period End	03/01/2021
NPRM Comment Period Extended End	03/24/2021
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: No
RIN Data Printed in the FR: No
Agency Contact: Paula Hirtz Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code E143-01, Research Triangle Park, NC 27711 Phone:919 541-2618 Email: hirtz.paula@epa.gov Keith Barnett Environmental Protection Agency Office of Air and Radiation D243-04, Research Triangle Park, NC 27711 Phone:919 541-5605 Fax:919 541-4991 Email: barnett.keith@epa.gov