National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review; Correction
The Environmental Protection Agency (EPA) is making a correction to the National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants (Lime Manufacturin...
The Environmental Protection Agency (EPA) is making a correction to the National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants (Lime Manufacturing NESHAP) technology review final rule that appeared in the
Federal Register
on July 16, 2024. Following publication of this final rule, the EPA discovered an inadvertent error in the regulatory text and is correcting the error in this action.
DATES:
The final rule is effective on November 3, 2026.
ADDRESSES:
The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2026-0725. All documents in the docket are listed on the
www.regulations.gov/
website. Although listed, some information is not publicly available,
e.g.,
Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through
www.regulations.gov/.
The public cannot download certain databases and physical items from the docket but may request these items by contacting the docket office at (202) 566-1744. The docket office has 10 business days to respond to such requests. With the exception of such material, publicly available docket materials are available electronically at
www.regulations.gov
or on EPA computers in the docket office reading room at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. ET, Monday through Friday (except for Federal holidays). The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT:
For information about this action, contact U.S. EPA, Attn.: Haley Turner, Natural Resources Division, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-0173; and email address:
turner.haley@epa.gov.
SUPPLEMENTARY INFORMATION:
The EPA finalized the Lime Manufacturing NESHAP technology review on July 16, 2024.[1]
Following publication of this final rule, the EPA discovered an error in the regulatory text and is correcting the error in this action.
Specifically, the EPA is revising the Lime Manufacturing NESHAP July 16, 2024, final rule (2024 final rule) to correct 40 Code of Federal Regulations (CFR) part 63 section 7114. In the 2024 final rule amendatory text, 40 CFR 63.7114 was revised to include two new paragraphs describing the requirements for the emissions averaging compliance option. These additions were added to the section as paragraphs (b) and (c). Paragraph (c)(2) instructs lime manufacturing plants that chose to comply with emissions averaging for HCl or mercury to develop and submit to the applicable regulatory authority for review and approval, an implementation plan for emission averaging no later than 180 days before the date the facility intends to demonstrate compliance. The EPA is revising the 180-day plan submittal requirement to 60 days, as the Agency intended. In the 2024 final rule preamble, under section
E. What other changes have been made to the NESHAP?,
the EPA explains that the deadline for submitting the emissions averaging plan before the compliance demonstration was adjusted from 180 days, as proposed, to 60 days. Following publication of the 2024 final rule, the EPA discovered the regulatory text was not updated to reflect this change.
The correction in this action makes the regulatory text consistent with what the preamble to the 2024 final rule describes. The EPA's authority for the rulemaking procedures followed in this action is provided by the Administrative Procedure Act (APA), 5 U.S.C. 553. In general, an agency issuing a rule must provide prior notice and an opportunity for public comment, but APA section 553(b)(B) includes an exemption from notice-and-comment requirements “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” The EPA has determined that there is good cause for making this rule final without prior proposal and opportunity for comment because the changes to the rule are minor, noncontroversial in nature, and correct an inadvertent typographical error. The change aligns regulatory text with the EPA's expressed intent in the 2024 final rule preamble and does not substantively change the requirements of the 2024 final rule except to the extent necessary to align the regulatory text with the EPA's intent, which the preamble expressly states. Thus, the corrected regulatory text in this action has already had notice and opportunity for public comment, rendering further notice and opportunity for public comment unnecessary. The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
For a complete discussion of all the statutes, executive orders and administrative requirements applicable to this action, see the final rule published in the Rules and Regulations section of the
Federal Register
(89 FR 57738).
Acting Assistant Administrator, Office of Air and Radiation.
For the reasons stated in the preamble, the Environmental Protection Agency amends part 63 of title 40, chapter I, of the Code of Federal Regulations as follows:
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
How do I demonstrate initial compliance with the emission limitations standard?
* * * * *
(c) * * *
(2) You must develop and submit to the applicable regulatory authority for review and approval, an implementation plan for emission averaging no later than 60 days before the date you intend to demonstrate compliance using the emission averaging option. You must include the information contained in paragraphs (c)(2)(i) through (iii) of this section in your implementation plan.
www.regulations.gov/
40 CFR 63.7114
5 U.S.C. 553