Regulatory Development and Retrospective Review Tracker

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?)

This action is a final promulgation of amendments to 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. A supplemental proposal in March 2011 covered additional technical corrections, revised start and shutdown requirements and included a proposed additional control option. This action will finalize the 2008 and 2011 proposed amendments.

NPRM: Published in FR06/11/2008
NPRM: Comment Period Open06/11/2008
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

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 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