NESHAP for Primary Aluminum Production Amendments Based on the Risk and Technology Review

Docket ID: EPA-HQ-OAR-2011-0797
Agency: Environmental Protection Agency (EPA)

The Clean Air Act (CAA) requires EPA to review maximum achievable control technology (MACT) standards and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. Under the "residual risk" provision of the CAA, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards, if required, to provide an ample margin of safety to protect public health or prevent an adverse environmental effect while considering the economic impacts of controls, technological feasibility, uncertainties and any other relevant factors. The EPA promulgated National Emission Standards for Hazardous Air Pollutants (NESHAP) for Primary Aluminum Reduction Plants (found in 40 CFR part 63, subpart LL) in 1997. This NESHAP applies to the owner or operator of each new pitch storage tank or new or existing potline, paste production plant, or anode bake furnace associated with primary aluminum reduction which is located at a major source, as defined in 40 CFR section 63.2. The EPA proposed standards addressing residual risk and technology developments on December 6, 2011. The EPA published a supplemental proposal on December 8, 2014. If finalized, the amendments will include new emissions standards for carbonyl sulfide emissions from new and existing potlines; new emissions standards for particulate matter (PM, as a surrogate for HAP metals) emissions from new and existing potlines, anode bake furnaces and paste production plants; new emissions standards for polycyclic organic matter (POM) emissions from new and existing prebake potlines and existing pitch storage tanks; new risk-based emissions standards for arsenic and nickel emissions from new and existing Soderberg potlines; reduce the emissions standards for POM from existing Soderberg potlines; eliminate the startup, shutdown and malfunction exemption; and make certain other technical and editorial changes.

RIN: 2060-AQ92
Impacts and Effects: None
CFR Citation: 40 CFR 112
Priority: Substantive, Nonsignificant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2015
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 42 U.S.C. 7412 Clean Air Act
Government Levels Affected: Federal, Local, State
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
Legal Deadline
JudicialOther09-cv-00152; USDC Northern District of California11/13/2014
JudicialOther09-cv-00152-SBA; USDC Northern District of California09/10/2015
JudicialNPRMAs per 4 day extension granted on 10/31. (Sierra Club v. Jackson, 09-0152, USDC Northern District of CA)11/04/2011
ActionDateFR Citation
NPRM12/06/201176 FR 76260
NPRM Comment Period Extended01/19/201277 FR 2677
Supplemental NPRM12/08/201479 FR 72913
Supplemental NPRM01/15/201580 FR 2067
SNPRM Comment Period End02/16/2015
Final Rule10/15/201580 FR 62389
Final Rule Effective10/15/2015
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Keyword(s): aluminum, MACT, NESHAP
Type: Rulemaking
Location: HQ-OAR

Primary Documents

View All  (5)
Comment Period Closed
Feb 06, 2015 11:59 PM ET
Proposed Rule
Posted: 12/08/2014
ID: EPA-HQ-OAR-2011-0797-0194
Comment Period Closed
Feb 01, 2012 11:59 PM ET
Proposed Rule
Posted: 12/06/2011
ID: EPA-HQ-OAR-2011-0797-0001
Comments Not Accepted
Posted: 10/15/2015
ID: EPA-HQ-OAR-2011-0797-0394
Comments Not Accepted
Proposed Rule
Posted: 01/15/2015
ID: EPA-HQ-OAR-2011-0797-0363
Comments Not Accepted
Proposed Rule
Posted: 01/19/2012
ID: EPA-HQ-OAR-2011-0797-0160

Supporting Documents

View All  (401)
Comments Not Accepted
Supporting & Related Material
Posted: 10/15/2015
ID: EPA-HQ-OAR-2011-0797-0407
Comments Not Accepted
Supporting & Related Material
Posted: 10/15/2015
ID: EPA-HQ-OAR-2011-0797-0408
Comments Not Accepted
Supporting & Related Material
Posted: 10/15/2015
ID: EPA-HQ-OAR-2011-0797-0397


View All  (22)

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
David Putney
919 541-2016
919 541-3207 (Fax)
Research Triangle Park, NC 27711
Rochelle Boyd
919 541-1390
919 541-3207 (Fax)
Research Triangle Park, NC 27711
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.