EPA Sends CMAS NESHAP NPRM to OMB

Yesterday OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the EPA on “National Emission Standards for Hazardous Air Pollutants: Chemical Manufacturing Area Source Technology Review”.

According to the Spring 2024 Unified Agenda entry for this rulemaking:

“This action will address the agency's technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources (CMAS). The CMAS NESHAP, subpart VVVVVV, was promulgated on October 29, 2009, pursuant to section 112(d) of the Clean Air Act (CAA) and established emission limitations and work practice requirements for controlling emissions of hazardous air pollutants (HAP). The NESHAP controls HAP emissions from process vents, storage tanks, equipment leaks, wastewater streams, transfer operations and heat exchange systems. This action addresses the technology review requirements of CAA section 112(d)(6) which require the EPA to review and revise the standards as necessary (taking into account developments in practices, processes and control technologies) no less often than every 8 years.”

This rulemaking first appeared in the Fall 2019 Unified Agenda. The Spring 2024 Unified Agenda entry is the first that includes a judicial deadline (consent decree) for the NPRM to be signed by the EPA by November 13^th, 2024 (oops they missed that one). The draft consent decree also includes a deadline for the signing of the final rule by EPA no later than September 17^th, 2025.