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EPA/OAR RIN: 2060-AV38 Publication ID: Fall 2022 
Title: National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing Residual Risk and Technology Review Amendments 
Abstract:

This action will address the Agency’s amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Miscellaneous Coatings Manufacturing (MCM), in accordance with the U.S. Court of Appeals for the District of Columbia Circuit’s opinion in Louisiana Environmental Action Network v. EPA, 955 F.3d 1088 (D.C. Cir. 2020) (“LEAN”). In LEAN, the court held that EPA must set limits on uncontrolled hazardous air pollutant (HAP) emissions when the Agency conducts technology reviews under Clean Air Act (CAA) section 112(d)(6), 42 U.S.C. section 7412(d)(6). The MCM NESHAP, subpart HHHHH, was promulgated pursuant to section 112(d) of the CAA on December 11, 2003, with corrections promulgated on October 4, 2006. The residual risk and technology review (RTR), was promulgated pursuant to CAA sections 112(f) and 112(d)(6) on August 14, 2020. The NESHAP established emission limitations and work practice standards based on maximum achievable control technology for control of HAP from facilities that are major sources of HAP and that manufacture miscellaneous coatings, including coatings, adhesives, and inks. MCM contains an inorganic hazardous air pollutants (HAP) gap in the standard. Inorganic HAP in the MCM source category is currently uncontrolled and mostly consists of particulate matter (PM) emissions. These amendments will define the MACT (maximum achievable control technology) standard as well as the above the floor standard for inorganic HAP within the MCM source category according to the provisions in the CAA. Pursuant to the U.S. District Court for the District of Columbia’s April 15, 2021, order in Blue Ridge Environmental Defense League v. Pruitt, 261 F.Supp.3d 53 (D.D.C. 2017, amended April 2021), the EPA must complete the final action for the MCM NESHAP by February 16, 2023.

 
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 63.7980   
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  Blue Ridge Environmental Defense League v. Pruitt, 261 F.Supp.3d 53 (D.D.C. 2017, amended April 2021).  02/16/2023 
Timetable:
Action Date FR Cite
NPRM  06/07/2022  87 FR 34614   
Final Rule  02/00/2023 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Angela Carey
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27709
Phone:919 541-2187
Email: carey.angela@epa.gov

Brenda Shine
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-3608
Email: shine.brenda@epa.gov