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EPA/OAR RIN: 2060-AV70 Publication ID: Spring 2023 
Title: National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing Residual Risk and Technology Review 

This action addresses the agency’s amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Rubber Tire 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 Rubber Tire Manufacturing NESHAP, subpart XXXX, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on July 9, 2002, with corrections promulgated on March 12, 2003. 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 facilities that are major sources of HAP and that manufacture rubber tires and components integral to rubber tires, as well as tire cord producers and puncture sealant operations. The primary HAP emitted from the rubber tire production process and puncture sealant operations are toluene and hexane. Tire cord operations also emit these HAP, but the more significant emissions from tire cord production are formaldehyde, styrene, and methanol. 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 March 14, 2022, order in Blue Ridge Environmental Defense League v. Regan, Case No: 1:16-cv-00364-CRC (D.D.C. filed Feb. 24, 2016), the EPA must complete the final action for the Rubber Tire Manufacturing NESHAP by March 29, 2024.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 63   
Legal Authority: 42 U.S.C. 11023 et seq Clean Air Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2023 
Final Rule  04/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Korbin Smith
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-04,
Research Triangle Park, NC 27711
Phone:919 541-2416

Keith Barnett
Environmental Protection Agency
Office of Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5605
Fax:919 541-4991