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Regulatory Development and Retrospective Review Tracker

Residual Risk and Technology Review Amendments to the Secondary Aluminum Production National Emission Standards for Hazardous Air Pollutants (NESHAP)

a.k.a. NESHAP RTR for Secondary Aluminum Production (subpart RRR)

RIN: 2060-AQ40 (What's this?)

Docket No.: EPA-HQ-OAR-2010-0544 (What's this?)

Current Phase: Proposal (What's this?)

This rule regulates Hazardous Air Pollutants (HAP) from secondary aluminum production facilities that are major sources of HAP and that operate aluminum scrap shredders, thermal chip dryers, scrap dryers/delacquering kilns/decoating kilns, group 2 furnaces, sweat furnaces, dross only furnaces, rotary dross coolers, and secondary aluminum processing units (SAPUs).

SAPUs include group 1 furnaces and in-line fluxers. Area sources of HAP are regulated only with respect to emissions of dioxins/furans (D/F) from thermal chip dryers, scrap dryers/delacquering kilns/decoating kilns, sweat furnaces, and SAPUs. 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 costs. energy, safety and any other relevant factors. 40 The existing rule, 40 CFR part 63, subpart RRR, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Secondary Aluminum Production facilities was promulgated in 2000. This risk and technology review for secondary aluminum production facilities will be conducted in this rulemaking, which will address possible residual risks, technology advancements, and clarifications to the existing rule.

NPRM: Sent to OMB for Regulatory Review01/09/2012
NPRM: Received by OMB01/09/2012
NPRM: Regulatory Review Concluded01/30/2012
NPRM: Published in FR02/14/2012
NPRM: Comment Period Open02/14/2012
NPRM: Comment Period Extension Published in FR03/23/2012
NPRM: Comment Period Closed03/30/2012
NPRM: Comment Period Closed with Extension04/13/2012
Supplemental NPRM: Published in FR12/08/2014
Supplemental NPRM: Comment Period Open12/08/2014
Supplemental NPRM: Comment Period Extension Published in FR01/15/2015
Supplemental NPRM: Comment Period Closed01/22/2015
Supplemental NPRM: Comment Period Closed with Extension02/06/2015
Final Rule: Published in FR09/2015 (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 underwent review.
  • Final Rule - This stage of the rulemaking did not undergo review.
  • Supplemental NPRM - This stage of the rulemaking did not undergo review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 63

Legal Authority
42 U.S.C. 7412 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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