Lime Manufacturing NESHAP Correction Lawsuit

The Environmental Protection Agency published a correcting amendment to the National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants, known as the Lime Manufacturing NESHAP, in the Federal Register on November 3, 2026. The correction fixes an inadvertent error in the regulatory text of the technology review final rule that appeared on July 16, 2024. The correction took effect on November 3, 2026, the same day it published.

The document, numbered 2026-22404, appears at 91 FR 69206 through 69207, two pages in volume 91 of the Federal Register. The agency labels the action a “Correcting amendment.” The Environmental Protection Agency states that it discovered the inadvertent error after publishing the July 16, 2024 final rule.

At a glance

• The Environmental Protection Agency published the correction on November 3, 2026, at 91 FR 69206.
• The correcting amendment fixes an inadvertent error in the regulatory text of the Lime Manufacturing NESHAP technology review final rule published July 16, 2024.
• The correction took effect on November 3, 2026, the publication date.
• The action carries docket ID EPA-HQ-OAR-2026-7525 and Federal Register document number 2026-22404.
• The corrected text falls under 40 CFR Part 63, the section of the Code of Federal Regulations that houses national emission standards for hazardous air pollutants.

What did the Environmental Protection Agency correct?

The Environmental Protection Agency describes the error as inadvertent, meaning the agency did not intend it when it issued the 2024 final rule. The correction document states that the agency found the mistake after the technology review final rule published in the Federal Register on July 16, 2024. The agency characterizes the November 3, 2026 action as a correction of that regulatory text rather than a new substantive standard.

A technology review under the Clean Air Act framework for hazardous air pollutants is a periodic look at whether updated control methods justify tighter limits for a source category. The 2024 rule was the product of that review for lime manufacturing plants. The 2026 document does not restate the standards; it addresses the error in how the 2024 text was written.

What is established vs. what is alleged

There is no allegation layer in this document. The correction is an agency action published in the Federal Register, not a claim filed by a private party and not a contested allegation awaiting a decision. The Environmental Protection Agency itself identified the error, described it as inadvertent, and issued the fix under its own authority.

What is established is the publication record: the document number, Federal Register citation, docket identifiers, action type, effective date and the agency’s own statement of what it corrected. What is not established by this record is the practical effect on any individual plant, the size of the error in regulatory terms, or whether any party objected to the 2024 text before the correction issued. The agency’s abstract gives no detail on which provision of the regulatory text contained the mistake.

Where the correction stands procedurally

This is a final agency action, not a proposed rule. The Environmental Protection Agency published it as a Rule document with the action type “Correcting amendment,” and it took effect on November 3, 2026. Unlike a proposed rule, a correcting amendment of this kind does not open a comment period in the Federal Register notice itself; the docket record at Regulations.gov for EPA-HQ-OAR-2026-7525 shows a comment start date of November 3, 2026, with no comment end date listed and the docket not marked open for comment.

The docket title recorded by the agency is “National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review Reconsideration,” and the associated regulation identifier number is 2060-AW53. There is no federal court consolidation, no multidistrict litigation and no trial date attached to this rulemaking. A rulemaking of this type proceeds through the agency docket, not through a court docket, unless a separate challenge is later filed, and this record shows none.

Readers tracking related Clean Air Act rulemaking mechanics can review how Clean Air Act section 111 and 112 applicability changes work and the hazardous waste compliance docket updates published on the same site.

Key dates

• July 16, 2024: The Environmental Protection Agency published the Lime Manufacturing NESHAP technology review final rule in the Federal Register, the document later corrected.
• November 3, 2026: The Environmental Protection Agency published the correcting amendment at 91 FR 69206.
• November 3, 2026: The correction became effective.

What this does not establish

The record does not identify which specific paragraph or table in the 2024 regulatory text contained the inadvertent error, beyond describing it as an error in the regulatory text. The abstract does not quantify the error or describe its effect on emission limits, monitoring, reporting or recordkeeping obligations for lime manufacturing plants.

The record does not state that any facility was out of compliance, that any enforcement action followed from the error, or that any party petitioned the agency for the correction. It does not describe litigation, a court challenge or a stay of the 2024 rule. It also does not state whether the correction changes the substantive stringency of the standard or only restores the text the agency intended.

Nothing in the document addresses health outcomes, exposure levels or community impacts near lime manufacturing plants, and nothing in it creates or supports a compensation claim. The correction is an administrative text fix, not a finding of liability or harm.

Frequently asked questions

What is the Lime Manufacturing NESHAP correction?

The Lime Manufacturing NESHAP correction is a correcting amendment the Environmental Protection Agency published in the Federal Register on November 3, 2026, at 91 FR 69206. It fixes an inadvertent error in the regulatory text of the technology review final rule for lime manufacturing plants that published on July 16, 2024. The Environmental Protection Agency states that it found the error after the 2024 rule issued. The correction took effect on November 3, 2026.

Did the Environmental Protection Agency reopen the comment period for this correction?

The Federal Register document for 2026-22404 does not list a comment closing date, and the Regulations.gov docket EPA-HQ-OAR-2026-7525 is not marked open for comment. The document is published as a final Rule with the action type “Correcting amendment” and an effective date of November 3, 2026. The docket record shows a comment start date of November 3, 2026, but no comment end date.

Which regulation does the correction affect?

The correction affects the national emission standards for hazardous air pollutants for lime manufacturing plants, which sit in 40 CFR Part 63 of the Code of Federal Regulations. The Environmental Protection Agency’s citation for the 2026 document references Title 40, Part 63. Part 63 is the part of the federal air regulations that carries national emission standards for hazardous air pollutants.

Was the 2024 lime manufacturing rule challenged in court?

The Federal Register record for the 2026 correction does not mention any court challenge, stay or remand of the July 16, 2024 Lime Manufacturing NESHAP technology review final rule. The agency describes the 2026 action solely as a correction of an inadvertent error in the regulatory text. No court, docket number or litigation status appears in the document. Readers should not infer from this record that no challenge exists, only that the correction notice does not address one.

Sources

1. Federal Register (Environmental Protection Agency): “National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review; Correction” (link, accessed 2026-11-03)
2. Federal Register: “Documents of type Rule” (link, accessed 2026-11-03)