Proposed NESHAP: Primary Copper Smelters

NTAA’s PRK for EPA’s Supplemental Proposed National Emission Standards for Hazardous Pollutants: Primary Copper Smelters

On July 13, 2023, the EPA proposed to update and expand the 2022 proposal of the National Emission Standards for Hazardous Air Pollutants (NESHAP) Risk and Technology Review (RTR) for Primary Copper Smelting major sources (subpart QQQ). The Primary Copper Smelting source category includes two major sources: ASARCO in Hayden, Arizona and Freeport in Miami, Arizona. Facilities in this source category mainly emit lead, arsenic, other Hazardous Air Pollutant (HAP). This rule is a supplemental proposal to the 2022 proposal which proposed particulate matter emission limitations as a surrogate for metal HAPs. The EPA is now proposing amendments that would enhance the effectiveness of the major source standards by improving compliance and implementation. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by August 23, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR- 2020-0430.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.