§7419 Primary Nonferrous Smelter Orders

Summary

Owners or operators of primary nonferrous smelters can ask for a special order that temporarily changes a sulfur oxides rule. The federal Environmental Protection Agency (the Administrator) can issue the order after 30 days’ notice to the State, or the State can issue it but the EPA must decide within 90 days whether the State followed the law. If the EPA finds the State did not follow the law, the EPA will hold a hearing about available control technology. If someone asks for a second order, they must give a written statement and supporting papers, and those papers must be open to the public for 30 days before any hearing. No smelter may have both this special order and an enforcement order under section 7413(d). Any decision must include a short written explanation of the findings, and State orders that meet these rules become part of the State plan. A smelter can get an order only if it existed on August 7, 1977, the rule involved is a sulfur oxides limit meant to meet air quality standards, and the smelter cannot meet the rule by the deadline because no reasonably available control has been shown (the EPA looks at cost, non-air health/environment effects, and energy). At most two orders can be issued to a smelter; the first cannot delay compliance past January 1, 1983, and the second cannot delay it past January 1, 1988. Orders must include interim actions to protect air quality, like reporting, monitoring, and measures to prevent serious health danger, and usually must require continuous emission reduction technology unless a waiver is granted after notice and a hearing (the EPA must hold a hearing within 90 days on such waivers). The EPA can end an order if the reasons for it no longer exist, and can enforce requirements, revoke the order, or take other enforcement steps if a smelter breaks the rules.