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EPA/OAR RIN: 2060-AV71 Publication ID: Spring 2022 
Title: ●National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and Other Certain Equipment Leak Processes 
Abstract:

This action will address the agency's technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for four subparts in 40 CFR part 63 (subparts F, G, H, and I) that apply to the Synthetic Organic Chemical Manufacturing Industry (SOCMI) and to equipment leaks from certain non-SOCMI processes. These four NESHAP are more commonly referred to together as the Hazardous Organic NESHAP (HON). The HON were promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on April 22, 1994, and most recently, the agency conducted its residual risk and technology review (RTR) of the HON on December 21, 2006. The HON established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from process vents, storage vessels, transfer operations, heat exchange systems, wastewater streams, and equipment leaks. The HAP emitted from these emission sources include, but are not limited to, ethylene oxide, benzene, 1,3-butadiene, vinyl chloride, ethylene dichloride, methanol, hexane, toluene, xylenes, and chloroprene. 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 MACT standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. The agency also plans to conduct a residual risk assessment to consider risks from the SOCMI source category during its technology review, and may, as a matter of discretion, consider use of its CAA section 112(f)(2) authority to conduct a second residual risk review of the HON. 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. In addition, this action will address the agency's review of four New Source Performance Standards (NSPS) in 40 CFR part 60 (subparts III, NNN, RRR, and VVa) for emissions of Volatile Organic Compound (VOC) from SOCMI air oxidation unit processes, SOCMI distillation operations, SOCMI reactor processes, and equipment leaks located at SOCMI sources. These subparts were originally promulgated pursuant to section 111(b) of the CAA on June 29,1990 (subparts III and NNN), August 31, 1993 (subpart RRR), and November 16, 2007 (subpart VVa). The NSPS established standards of performance in the form of emission limitations and other associated requirements based on the EPA's determination of the best system of emission reductions (BSER) as defined in CAA section 111(a)(1). This action will implement the review requirements of CAA section 111(b)(1)(B). CAA section 111(b)(1)(B) requires the EPA to review, and if appropriate, revise standards of performance under CAA section 111(b) no less often than every 8 years.

 
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: Undetermined  Unfunded Mandates: No 
CFR Citation: 40 CFR 63   
Legal Authority: 42 U.S.C. 7401 et seq.   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  Texas Environmental Justice Advocacy Services et. al. v. EPA, 1:20-cv-03733-RJL consent Decree.  12/16/2022 
Final  Judicial  Texas Environmental Justice Advocacy Services et. al. v. EPA, 1:20-cv-03733-RJL consent Decree.  03/29/2024 

Overall Description of Deadline: United States District Court for the District of Columbia, Texas Environmental Justice Advocacy Services, California Communities Against Toxics Environmental Integrity Project, Louisiana Environmental Action Network, Ohio Valley Environmental Council, Rise St.. James, and Sierra Club Plaintiffs, v. United States Environmental Protection Agency, Defendant. Civil Action No. 1:20-cv-03733-RJL

Timetable:
Action Date FR Cite
NPRM  01/00/2023 
Final Action  04/00/2024 
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:
Andrew Bouchard
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27709
Phone:919 541-4036
Email: bouchard.andrew@epa.gov

Tegan Lavoie
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-5110
Email: lavoie.tegan@epa.gov