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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Proposed Rules C. Paperwork Reduction Act PRA
D. Regulatory Flexibility Act RFA
E. Unfunded Mandates Reform Act UMRA
F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act NTTAA
K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
I. General Information
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A. Does this action apply to me?
The source category that is the subject of this proposal is Mercury Cell ChlorAlkali Plants regulated under 40 CFR
part 63, subpart IIIII. The North American Industry Classification System NAICS code for the chloralkali industry is 325180. The proposed standards, once promulgated, will be directly applicable to the affected sources. Federal, state, local, and tribal government entities would not be affected by this proposed action.
In the Initial List of Categories of Sources Under Section 112c1 of the Clean Air Act Amendments of 1990 see 57 FR 31576, July 16, 1992 and Documentation for Developing the Initial Source Category List, Final Report see EPA450/391030, July 1992, the EPA listed the Chlorine Production source category.
Subsequently, on December 19, 2003, the EPA divided the Chlorine Production source category into two subcategories because of the differences in the production methods and the HAP
emitted. These subcategories are: 1
Mercury cell chlor-alkali plants; and 2
chlorine production plants that do not rely upon mercury cells for chlorine production e.g., diaphragm cell chloralkali plants, membrane cell chlor-alkali plants, etc.. The EPA issued separate final actions in December 2003 to address emissions of mercury from the mercury cell chlor-alkali plant subcategory sources 68 FR 70904 and deleted the non-mercury cell subcategory 68 FR 70948. This action addresses the Mercury Cell Chlor-Alkali Plant source category, where a mercury cell chlor-alkali plant is any facility where mercury cells are used to manufacture product chlorine, product caustic, and by-product hydrogen and
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where mercury may be recovered from wastes.
B. Where can I get a copy of this document and other related information?
In addition to being available in the docket, an electronic copy of this action is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this proposed action at https www.epa.gov/
stationary-sources-air-pollution/
mercury-cell-chloralkali-plantsnational-emissions-standards.
Following publication in the Federal Register, the EPA will post the Federal Register version of the proposal and key technical documents at this same website. Information on the overall RTR
program is available at https
www3.epa.gov/ttn/atw/rrisk/rtrpg.html.
The proposed changes to the CFR that would be necessary to incorporate the changes proposed in this action are set out in an attachment to the memorandum titled Proposed Regulation Edits for 40 CFR part 63, subpart IIIII, available in the docket for this action Docket ID No. EPAHQ
OAR20200560. The document includes the specific proposed amendatory language for revising the CFR and, for the convenience of interested parties, a redline version of the regulation. Following signature by the EPA Administrator, the EPA will also post a copy of this memorandum and the attachments to https
www.epa.gov/stationary-sources-airpollution/mercury-cell-chloralkaliplants-national-emissions-standards.
II. Background A. What is the statutory authority for this action?
The statutory authority for this action is provided by sections 112 and 301 of the CAA, as amended 42 U.S.C. 7401 et seq.. Section 112 of the CAA
establishes a two-stage regulatory process to develop standards for emissions of HAP from stationary sources. Generally, the first stage involves establishing technology-based standards and the second stage involves evaluating those standards that are based on MACT to determine whether additional standards are needed to address any remaining risk associated with HAP emissions. This second stage is commonly referred to as the residual risk review. In addition to the residual risk review, the CAA also requires the EPA to review standards set under CAA
section 112 every 8 years and revise the standards as necessary taking into account any developments in
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practices, processes, or control technologies. This review is commonly referred to as the technology review.
When the two reviews are combined into a single rulemaking, it is commonly referred to as the risk and technology review. The discussion that follows identifies the most relevant statutory sections and briefly explains the contours of the methodology used to implement these statutory reqruirements. A more comprehensive discussion appears in the document titled CAA Section 112 Risk and Technology Reviews: Statutory Authority and Methodology, in the docket for this rulemaking.
In the first stage of the CAA section 112 standard setting process, the EPA
promulgates technology-based standards under CAA section 112d for categories of sources identified as emitting one or more of the HAP listed in CAA section 112b. Sources of HAP emissions are either major sources or area sources, and CAA section 112 establishes different requirements for major source standards and area source standards. Major sources are defined in CAA section 112a1 as those that emit or have the potential to emit 10 tons per year tpy or more of a single HAP or 25 tpy or more of any combination of HAP. All other sources not including motor vehicles or nonroad vehicles are area sources, as defined in CAA section 112a2. For major sources, CAA
section 112d2 provides that the technology-based NESHAP must reflect the maximum degree of emission reductions of HAP achievable after considering cost, energy requirements, and non-air quality health and environmental impacts. These standards are commonly referred to as MACT standards. CAA section 112d3
also establishes a minimum control level for MACT standards, known as the MACT floor. In certain instances, as provided in CAA section 112h, the EPA may set work practice standards in lieu of numerical emission standards.
The EPA must also consider control options that are more stringent than the floor. Standards more stringent than the floor are commonly referred to as beyond-the-floor standards. For area sources, CAA section 112d5 gives the EPA discretion to set standards based on generally available control technologies or management practices GACT
standards in lieu of MACT standards.
The second stage in standard-setting focuses on identifying and addressing any remaining i.e., residual risk pursuant to CAA section 112f. For source categories subject to MACT
standards, section 112f2 of the CAA
requires the EPA to determine whether
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