Download PDFThe National Lime Association (“NLA”) filed on September 13th a Petition for Review (“Petition”) before the United States Court of Appeals for the D.C. Circuit challenging the United States Environmental Protection Agency’s (“EPA”) promulgation of the following rule:National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review (“NESHAP Rule”).See 89 Fed. Reg. 57738.The lime manufacturing industry consists of facilities that use a lime kiln to produce limestone products from limestone by calcination.Section 112 of the Clean Air Act establishes a two-stage regulatory process to address emissions of Hazardous Air Pollutants (“HAP”) from stationary sources.The first stage is required to identify categories of sources emitting one or more of the HAPs listed in Section 112(b) of the Clean Air Act. A technology-based NESHAP (i.e., a “MACT” standard) is then issued for those sources.Within eight years of setting the MACT standard, the second stage is supposed to be undertaken. It requires EPA to undertake two different analyses. They include:Technology review.Residual risk review.As to residual risk review, EPA is required to evaluate the risk to public health remaining after application of the technology-based standards and revise the standards, if necessary, to provide ample margin of safety to protect public health or to prevent, taking into consider

sonable risk, EPA proposes requirements to, among other things, prevent consumer access to 1-BP, restrict the industrial and commercial use of 1-BP while also allowing for a reasonable transition period where an industrial and commercial use of 1-BP is being prohibited, and protect workers from the unreasonable risk of 1-BP while on the job. EPA will hold a webinar on August 28, 2024, to provide an overview of the proposed rule. Comments are due September 23, 2024. EPA states that under the Paperwork Reduction Act (PRA), “comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before September 9, 2024.” For more information about the proposed rule, please read the full memorandum.RCRA/CERCLA/CWA/CAA/PHMSA/SDWAEPA Amends Lime Manufacturing NESHAP: On July 16, 2024, EPA amended the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Lime Manufacturing Plants. 89 Fed. Reg. 57738. The amendments include final maximum achievable control technology (MACT) standards for hydrogen chloride, mercury, organic hazardous air pollutants (HAP), and dioxin/furans. The final rule will be effective September 16, 2024. The incorporation by reference (IBR) of certain publications listed in the rule is approved by the Director of the Federal Register as of September 16, 2024.EPA Proposes Amendments To Hazardous Waste Combustors NESHAP: On July 24, 2024, EPA proposed amendments to the NESHAP for Hazardous Waste Combustors (HWC) to remove the exemptions and revise other provisions associated with emission standard exemptions for periods of malfunction, to add electronic reporting provisions, to amend emergency safety vent provisions, and to correct other minor provisions. 89 Fed. Reg. 59867. According to EPA, the removal of the exemption for periods of malfunction is predicated on the previous vacatur of emission standard exemptions for periods of startup, shutdown, and malfunct