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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. |
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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:
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Timetable:
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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 |