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EPA/OAR RIN: 2060-AU20 Publication ID: Fall 2021 
Title: National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters: Amendments 
Abstract:

On January 31, 2013, the EPA promulgated amendments to the National Emission Standards for Hazardous Air Pollutants for Major Source: Industrial, Commercial, and Institutional Boilers and Process Heaters. Environmental groups and industry filed for judicial review of the amended final rule. The court issued its decision on July 29, 2016, vacating the maximum achievable control technology (MACT) standards for all subcategories that were affected by the EPA's exclusion of certain sources from consideration when setting the standards. The court also remanded the carbon monoxide standard to the EPA to adequately explain how carbon monoxide acts as a reasonable surrogate for organic hazardous air pollutants. On September 12, 2016, the EPA petitioned the court asking that the MACT standards be remanded without vacatur. On December 23, 2016, the court granted the EPA’s request. In November 2015, the EPA finalized its decision on certain other issues for which it granted reconsideration. Environmental groups filed a petition for judicial review of the reconsideration action. The court issued its decision on March 16, 2018, remanding for further explanation the revised 130 parts per million carbon monoxide emission limits. The EPA published a proposal in August of 2020 and this final rule will address issues that were remanded in the two court decisions discussed in the proposal.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 63 subpart DDDD   
Legal Authority: 42 U.S.C. 7412 Clean Air Act    42 U.S.C. 7607(d)(7)(B)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/24/2020  85 FR 52198   
Final Rule  02/00/2022 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
Sectors Affected: 221 Utilities; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 331 Primary Metal Manufacturing; 336 Transportation Equipment Manufacturing; 611 Educational Services 
RIN Data Printed in the FR: No 
Agency Contact:
Nick Hutson
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2968
Fax:919 541-4991
Email: hutson.nick@epa.gov

Lisa Thompson
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-9775
Email: thompson.lisa@epa.gov