National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations

Docket ID: EPA-HQ-OAR-2012-0360
Agency: Environmental Protection Agency (EPA)

In this action EPA conducted the risk and technology review for National Emission Standards for Hazardous Air Pollutants (NESHAP) from Off-Site Waste and Recovery Operations. The Clean Air Act (CAA) sections 112(f)(2) and 112(d)(6) require EPA to conduct residual risk and technology reviews. Under the "technology review" provision of the CAA section 112, EPA is required 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 eight years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within eight years after promulgation and amend the standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. As part of this NESHAP revision, EPA also removed the startup, shutdown and malfunction exemptions as required by recent court decisions. Changes to the rule were proposed at 79 FR 37849 on July 2, 2014, as a result of the risk assessment and the technology review.

RIN: 2060-AR47
Impacts and Effects: None
CFR Citation: 40 CFR 63
Priority: Substantive, Nonsignificant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2015
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 42 U.S.C. 7401 et seq.
Government Levels Affected: No
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-SBA; USDC Northern District of California, filed 11/13/1302/27/2015
ActionDateFR Citation
NPRM07/02/201479 FR 37849
Final Rule03/18/201580 FR 14247
Final Action Effective03/18/2015
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Short Title: RTR for OSWRO MACT (pt 63, subpart DD)
Keyword(s): HAP, risk, residual risk, 112(d)(6), 112(f)(2), technology review, subpart DD, subpart OO, subpart PP, subpart QQ, subpart RR, subpart VV, used solvent, distillation, recovery operation, 40 CFR part 63
Type: Rulemaking
Location: HQ-OAR
Subtype: Section 112 (NESHAP)

Primary Documents

View All  (2)
Comment Period Closed
Aug 18, 2014 11:59 PM ET
Proposed Rule
Posted: 07/02/2014
ID: EPA-HQ-OAR-2012-0360-0001
Comments Not Accepted
Posted: 03/18/2015
ID: EPA-HQ-OAR-2012-0360-0077

Supporting Documents

View All  (102)
Comments Not Accepted
Supporting & Related Material
Posted: 08/19/2015
ID: EPA-HQ-OAR-2012-0360-0120
Comments Not Accepted
Supporting & Related Material
Posted: 03/18/2015
ID: EPA-HQ-OAR-2012-0360-0086
Comments Not Accepted
Supporting & Related Material
Posted: 03/18/2015
ID: EPA-HQ-OAR-2012-0360-0087


View All  (16)

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Paula Hirtz
919 541-2618
919 541-0246 (Fax)
Research Triangle Park, NC 27711
Penny Lassiter
919 541-5396
919 541-0246 (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.