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Regulatory Development and Retrospective Review Tracker

Phosphoric Acid Manufacturing and Phosphate Fertilizer Production RTR and Standards of Performance for Phosphate Processing

a.k.a. Phosphoric Acid Manufacturing and Phosphate Fertilizer Production RTR and NSPS for Phosphate Processing

RIN: 2060-AQ20 (What's this?)

Docket No.: Not yet available (What's this?)

Current Phase: Proposal (What's this?)

The Clean Air Act requires the 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 Clean Air Act, the 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. The MACT for phosphoric acid and phosphate fertilizer were promulgated in June 1999. Facilities subject to these rules were required to be in compliance by June 2002. This final action will address both the residual risk and technology reviews for the phosphoric acid and phosphate fertilizer source categories, as well as address other regulatory actions for the source category as deemed appropriate. The production processes for these two source categories typically are located at the same facilities.

NPRM: Sent to OMB for Regulatory Review08/16/2013
NPRM: Received by OMB08/20/2013
NPRM: EPA Withdrew Rule from Review11/15/2013
NPRM: Comment Period Open11/07/2014
NPRM: Published in FR11/07/2014
NPRM: Comment Period Extension Published in FR12/12/2014
NPRM: Comment Period Closed12/22/2014
NPRM: Comment Period Closed with Extension01/21/2015
Final Rule: Published in FR08/2015 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to impact the health of vulnerable populations.
  • The topic is likely to have the following impact: The Shoshone-Bannock tribe in Idaho is in close proximity to a co-located phosphoric acid and phosphate fertilizer facility. We held an in-person meeting and confernce call with leaders from tribe and have learned that most of their issues are pertinent to other media, such as water and soil. We specifically ask for comment from tribal officials in the proposal package for this rule.

Federal Government - other agencies
Likely to be involved in the implementation of this rule.

Local Governments
Likely to be involved in the implementation of this rule.

Small Entities

Small governments are:

  • Likely to be involved in the implementation of this rule.

State Governments
Likely to be involved in the implementation of this rule.

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.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 60;40 CFR 63

Legal Authority
42 U.S.C. 7401 et seq. Clean Air Act


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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