View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

EPA/OAR

RIN: 2060-AU59

Publication ID: Spring 2022

Title: National Emission Standards for Hazardous Air Pollutants: Mercury Cell Chlor-Alkali Plants 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 Mercury Cell Chlor-Alkali Plants. The Mercury Cell Chlor-Alkali Plants NESHAP, subpart IIIII, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on December 19, 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 these facilities. The HAP emitted from the mercury cell chlor-alkali operations include mercury and chlorine. 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. The EPA issued a proposed rulemaking on January 8, 2021 (86 FR 1362) and then issued a 30 day comment period extension on February 23, 2021 (86 FR 10909). 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 May 2, 2022.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: Yes	Unfunded Mandates: No
CFR Citation: 40 CFR 63
Legal Authority: Sections 112 and 307(d)(7)(B) of the CAA as amended (42 U.S.C. 7412 and 7607(d)(7)(B)). This action is also subject to section 307(d) of the CAA (42 U.S.C. 7607(d)).

Legal Deadline:

Action	Source	Description	Date
Final	Judicial	16-cv-01074-KBJ; 2/23/2021.	05/02/2022

Timetable:

Action	Date	FR Cite
NPRM	01/08/2021	86 FR 1362
Final Rule	05/06/2022	87 FR 27002
Final Rule Effective	05/06/2022

Additional Information: EPA-HQ-OAR-2020-0560
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Phil Mulrine Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code D243-02, Research Triangle Park, NC 27711 Phone:919 541-5289 Fax:919 541-4991 Email: mulrine.phil@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