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National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing rule (2024)

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What is a significant rule?

Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition.


National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing
Agency: Environmental Protection Agency
Action: Final rule
Res. of disapproval status: Signed into law
Type: Not deemed significant
Federal code: 40 CFR Part 63
Estimated cost:[1] $13.3 million
Estimated benefit:[1] $24 million
Policy topics: Environmental regulation

The National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing rule is a rule issued by the Environmental Protection Agency (EPA) designed to go into effect on November 29, 2024, that sets hazardous air pollutants emissions standards for the rubber processing subcategory of the rubber tire manufacturing industry.[2]

The rule was published on November 29, 2024. President Donald Trump (R) signed a joint resolution of disapproval to nullify the rule under the Congressional Review Act (CRA) on May 23, 2025.[3]

Timeline

The following timeline details key rulemaking activity:

  • May 23, 2025

    President Donald Trump (R) signed the resolution into law, repealing the rule.[3]

  • May 6, 2025

    The Senate passed H.J.Res.61 to repeal the rule.[3]

  • March 5, 2025

    The joint resolution of disapproval was passed by the House.[3]

  • February 25, 2025

    A joint resolution of disapproval, H.J.Res. 61, was introduced in the House to repeal the rule.[3]

  • November 29, 2024

    The final rule took effect.[2]

View all

Background

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The EPA established limits on hazardous air pollution emissions in 2002 for the rubber tire manufacturing industry, covering industry subcategories including tire production, tire cord production and puncture sealant application. However, the agency did not establish limits for the rubber processing subcategory of the industry.

Congressional Review Act

See also: Congressional Review Act

Under the CRA, Congress can nullify recent administrative rules if both the House and the Senate pass a joint resolution of disapproval by a simple majority and the President signs it.

Summary of the rule

The following is a summary of the rule from the rule's entry in the Federal Register:[2]

“ The U.S. Environmental Protection Agency (EPA) is promulgating amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Rubber Tire Manufacturing, as required by the Clean Air Act (CAA). To ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, the EPA is promulgating emissions standards for the rubber processing subcategory of the rubber tire manufacturing industry, which is the only unregulated subcategory within the Rubber Tire Manufacturing source category.[5] ”

Summary of provisions

The following is a summary of the provisions from the rule's entry in the Federal Register:[2]

“ We are establishing MACT standards for the rubber processing subcategory in the rubber tire manufacturing source category, as required by the CAA. To satisfy the requirements of CAA section 112(d)(2) and (3), we are revising the NESHAP to include emissions limitations for the previously unregulated rubber processing subcategory including limitations for THC, as a surrogate for organic HAP emissions; fPM, as a surrogate for metal HAP; and an alternative limit for metal HAP. The standards in this final rule are similar in format to those in the proposed rule, but with updates to the standards based on public comments and additional data received and analyzed for the final rule. In the proposal, the EPA included separate THC standards for silica-containing and non-silica-containing processed rubber. Based on comments and data received during the comment period, the EPA is establishing a single MACT standard, instead of setting separate standards for the mixing of silica-containing and non-silica containing compounds, as proposed. The same THC standard is being established for both new and existing facilities and is based on 3 times the representative detection level (3xRDL) since this value is larger than the calculated Upper Prediction Limit (UPL) for THC.[4]

Also based on the public comments, the final rule is allowing facility-wide averaging of the individual emissions from each mixer to demonstrate compliance with the THC emission limits.[5]

”

Significant impact

See also: Significant regulatory action

Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[2]


The text of the National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing rule states that OMB deemed this rule significant, but not economically significant under E.O. 12866:

“ This action is not subject to Executive Order 13045 because it is not a significant regulatory action under section 3(f)(1) of Executive Order 12866 (as amended by Executive Order 14094), and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.[5] ”


Text of the rule

The full text of the rule is available below:[2]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Note: Estimated costs and estimated benefits here refer to estimated quantitative costs represented by dollar amounts. The estimates are a required part of the rulemaking process and are provided in the rule text. For qualitative costs or benefits, see the summaries of rule purpose and provisions.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Federal Register, "National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing," accessed March 20, 2025
  3. ↑ 3.0 3.1 3.2 3.3 3.4 Congress.gov, "House Joint Resolution 61," accessed March 20, 2025
  4. ↑ Federal Register, "National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing," accessed March 20, 2025
  5. ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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