U.S. Environmental Protection Agency (EPA) is initiating consultation with federally recognized Indian Tribes to obtain input on the agency’s proposed amendments to the 2009 National Emission Standards for Hazardous Air Pollutants that apply to chemical manufacturing area sources, also known as the CMAS NESHAP.
In this rulemaking, the EPA is proposing amendments that would reduce the emissions of hazardous air pollutants (HAP), including ethylene oxide (EtO), emitted by facilities subject to the CMAS NESHAP. After undertaking a review of the rule as required by section 112(d)(6) of the Clean Air Act, 42 U.S.C. § 7412(d)(6), the EPA is proposing to lower the emissions of HAP produced by these facilities by updating leak detection practices, setting new standards for emissions from pressure relief devices, and requiring performance testing to ensure continued compliance. In addition, the EPA is proposing EtO-specific standards and practices to reduce the amount of EtO emitted by these facilities. The EPA estimates that these proposed amendments to the CMAS NESHAP would reduce EtO emissions by approximately 4.6 tons per year (tpy), emissions of other HAPs by approximately 158 tpy, and emissions of smog-forming volatile organic compounds by 1,557 tpy.
The proposed rule will publish in the Federal Register in the coming weeks, and the EPA will be accepting public comments for 60 days after the publication date in the Federal Register.
If your Tribe has questions about the proposed action or would like to request government-to-government consultation with the EPA on this rulemaking, please have your staff contact Regina Chappell, Tribal Consultation Advisor, at chappell.regina@epa.gov or (919) 541-3650, by February 28, 2025. We also encourage you to submit written comments to the docket to identify any information that you believe may be relevant to the development of the final rule. Tribes may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2024-0419, any time during the open comment period following publication in the Federal Register.
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