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EPA/OAR | RIN: 2060-AV59 | Publication ID: Spring 2022 |
Title: ●National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants; Amendments | |
Abstract:
This action addresses amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Lime Manufacturing as a result of the D.C. Circuit's opinion in Louisiana Environmental Action Network v. EPA, 955 F.3d 1088 (D.C. Cir. 2020) ("LEAN"). The Lime Manufacturing NESHAP, codified in 40 CFR part 63, subpart AAAAA, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on January 5, 2004. The residual risk and technology review (RTR) was promulgated pursuant to CAA 112(f) and 112(d)(6) on July 24, 2020. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology for control of hazardous air pollutants (HAP) from kilns at new and existing lime manufacturing plants. The pollutants emitted from lime manufacturing kilns include metallic HAP, hydrogen chloride, particulate matter, sulfur dioxide, nitrogen oxides and carbon dioxide. The court in LEAN held that EPA must set limits on uncontrolled hazardous air pollutant emissions when it conducts technology reviews under section 112(d)(6) of the CAA, 42 U.S.C. section 7412(d)(6). Pursuant to the D.C. District Court's April 15, 2021 order in Blue Ridge Environmental Defense League v. Regan, Case No: 1:16-cv-00364-CRC (D.D.C. filed Feb. 24, 2016) related to the extension of EPA's deadline for final action of five source categories, the EPA must complete the final action for the Lime Manufacturing NESHAP by February 23, 2023. |
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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 |
CFR Citation: 40 CFR 63, subpart AAAAA (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act 42 U.S.C. 7401 |
Legal Deadline:
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
Sectors Affected: 32741 Lime Manufacturing; 327410 Lime Manufacturing; 33111 Iron and Steel Mills and Ferroalloy Manufacturing | |
RIN Data Printed in the FR: No | |
Agency Contact: Brian Storey Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code D243-04, Research Triangle Park, NC 27711 Phone:919 541-1103 Fax:919 541-4991 Email: storey.brian@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 |