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National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing rule (2024)
| 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. |
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The National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing rule is a significant rule issued by the U.S. Environmental Protection Agency (EPA) effective March 6, 2024, that regulated hazardous air pollution from the Taconite Iron Ore Processing source category. EPA issued the rule pursuant to its authority under the Clean Air Act.[1]
Timeline
The following timeline details key rulemaking activity:
- March 6, 2024: EPA issued the final rule and it took effect.[1]
- June 29, 2023: The comment period closed.[1]
- May 15, 2023: EPA issued the proposed rule and opened the comment period.[1]
Background
The United States Court of Appeals for the District of Columbia Circuit April 2020 ruling in Louisiana Environmental Action Network v. Environmental Protection Agency held that the Environmental Protection Agency (EPA) must address gaps in hazardous air pollution emission standards pursuant to the Clean Air Act. EPA found that mercury (Hg) was emitted from taconite indurating furnaces, and that Hg emissions from the Taconite Iron Ore Processing source category were not regulated under the National Emission Standards for Hazardous Air Pollutants at the time EPA discovered the Hg emissions. Accordingly, EPA issued the National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing rule to fulfill its regulation obligations under the Clean Air Act.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:[1]
| “ | The U.S. Environmental Protection Agency (EPA) is finalizing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Taconite Iron Ore Processing. Specifically, the EPA is finalizing maximum achievable control technology (MACT) standards for mercury (Hg) and establishing revised emission standards for hydrogen chloride (HCl) and hydrogen fluoride (HF). This final action ensures that emissions of all hazardous air pollutants (HAP) emitted from the Taconite Iron Ore Processing source category are regulated.[2] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[1]
| “ |
We are finalizing MACT standards for Hg for new and existing indurating furnaces that reflect the MACT floor level of control, based on the 99-percent UPL, of 1.4 × 10−5 lb/LT for existing sources and 2.6 × 10−6 lb/LT for new sources. We are also finalizing the emissions averaging compliance alternative that allows taconite iron ore processing facilities with more than one existing indurating furnace to comply with a Hg emissions limit of 1.3 × 10−5 lb/LT by averaging emissions on a production-weighted basis for two or more existing indurating furnaces located at the same facility. ... We are finalizing numerical emission limits for HCl and HF, pursuant to CAA section 112(d)(6). We are finalizing as proposed the numerical emission limit for HCl for new indurating furnaces. We are finalizing a numerical emission limit for HCl for existing indurating furnaces which differs from the limit proposed because the final limit reflects a revision to the emissions data for the Hibbing facility, as discussed in section III.B.2 of this preamble. We are finalizing as proposed the numerical emission limits for HF for new and existing indurating furnaces. For existing indurating furnaces, we are finalizing an HCl emission limit of 4.6 × 10−2 lb/LT and are finalizing an HF emission limit of 1.2 × 10−2 lb/LT. For new indurating furnaces, we are finalizing an HCl emission limit of 4.4 × 10−4 lb/LT and are finalizing an HF emission limit of 3.3 × 10−4 lb/LT. Further discussion of the HCl and HF emission standards and the methodology used to develop the emission standards, as well as a discussion of costs, may be found in the memorandum, Final Revised Technology Review of Acid Gas Controls for Indurating Furnaces in the Taconite Iron Ore Processing Source Category, which is available in the docket for this action. We are also finalizing as proposed the requirement to complete performance testing for HCl and HF using EPA Method 26A and to establish operating limits for each control device used to comply with the HCl and HF standards, in accordance with the amended provisions of 40 CFR 63.9622. The final rule clarifies that the owner or operator must perform performance testing when the pellet production rate is equal to or greater than 90 percent of the capacity of the indurating furnace. If the performance testing cannot be performed at or above 90 percent of capacity of the indurating furnace, the owner or operator may complete testing at a lower production rate if they receive approval from the delegated authority. The owner or operator must install and operate CPMS in accordance with the requirements of 40 CFR 63.9633 and must prepare a preventive maintenance plan and keep records of calibration and accuracy checks of the CPMS to document proper operation and maintenance of each monitoring system. An owner or operator must take corrective action when an established operating limit is exceeded. The owner or operator must complete the initial performance tests within 180 calendar days of the compliance date for existing furnaces, or within 180 calendar days of startup for new furnaces. The performance tests must be repeated at least twice per 5-year permit term.[2] |
” |
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.[1]
The text of the National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing rule states that OMB deemed this rule significant, but not economically significant:
| “ | This action is a 'significant regulatory action' as defined in Executive Order 12866, as amended by Executive Order 14094.[2] | ” |
Text of the rule
The full text of the rule is available below:[1]
See also
External links
Footnotes
