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Regulatory Development and Retrospective Review Tracker

National Emission Standards for Hazardous Air Pollutants (NESHAP) from Off-Site Waste and Recovery Operations Risk and Technology Review

a.k.a. NESHAP RTR for Off-site Waste MACT (subpart DD)

RIN: 2060-AR47 (What's this?)

Docket No.: EPA-HQ-OAR-2012-0360 (What's this?)

Current Phase: Pre-Proposal (What's this?)

In this action EPA will perform 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 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 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 will also remove 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. Changes to the rule will be completed in the final rule with a consent decree date of February 27, 2015.

NPRM: Published in FR07/02/2014
NPRM: Comment Period Open07/02/2014
NPRM: Comment Period Closed08/18/2014
Final Rule: Published in FR03/2015 (projected)

Potential Effects

Of the potential effects described in Reg DaRRT, none are anticipated at this time.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - This stage of the rulemaking underwent review.
  • Final Rule - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 63

Legal Authority
Clean Air Act Section 112


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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