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National Emission Standards for Hazardous Air Pollutants (NESHAP): Mercury Cell Chlor-Alkali Plants - Amendments

a.k.a. NESHAP MACT for Mercury Cell Chlor-Alkali (subpart IIIII) - Amendments


RIN: 2060-AN99 (What's this?)

Docket No.: EPA-HQ-OAR-2002-0017 (What's this?)

Current Phase: Proposal (What's this?)

Abstract:
This action is a final for the amendments of the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chlor-alkali plants that was promulgated in 2003. The 2003 NESHAP limited mercury air emissions from existing plants and prohibited the use of mercury in new plants.

Following promulgation of the 2003 NESHAP, EPA received a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the D.C. Circuit. By a letter dated April 8, 2004, EPA granted NRDC's petition for reconsideration, and on July 20, 2004, the Court placed the petition for judicial review in abeyance pending EPA's action on the reconsideration. In May 2008, EPA proposed amendments in response to NRDC's petition for reconsideration. The 2008 amendments proposed changes to the regulation for cell room fugitive mercury emissions to require recordkeeping of work practice standards for cell rooms in all facilities as well as to require instrumental monitoring of cell room fugitive mercury emissions for all plants. The 2008 proposed rule also amended aspects of the 2003 NESHAP to correct errors and inconsistencies that had been brought to EPA's attention since the NESHAP was promulgated. This supplemental proposal in March 2011, covered technical corrections, revised start and shutdown requirements, and included a proposed additional control option. This action will finalize the amendments.
Timeline

MilestoneDate
Initiated08/24/2006
NPRM: Comment Period Open06/11/2008
NPRM: Published in FR06/11/2008
NPRM: Comment Period Closed08/11/2008
Supplemental NPRM: Sent to OMB for Regulatory Review07/16/2010
Supplemental NPRM: Received by OMB07/19/2010
Supplemental NPRM: Regulatory Review Concluded12/10/2010
Supplemental NPRM: Comment Period Open03/14/2011
Supplemental NPRM: Published in FR03/14/2011
Supplemental NPRM: Comment Period Closed05/13/2011
Final Rule: Published in FR00/0000 (projected)

Potential Effects

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):

  • Likely to have any adverse economic impact on:
    • small businesses

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 did not undergo review.
  • Final Rule - No Information Available.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 63

Legal Authority
42 USC 7412

Disclaimer

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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