Document Q9jy52Xow8d8O3b4GrnxOpK4

M FREEPORT-MCMORAN Additional Materials in Support of Request for Presidential Exemption On March 12, 2025, the L.S. Environmental Protection Agency ("EPA" or the "Agency") announced that it will reconsider several National Emission Standards for Hazardous Air Pollutants ("NESIIAP") rulemakings. I One NEST IA P rulemaking identified by that announcement is the one applicable to primary copper smelting, entitled "National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review," published at 89 Fed. Reg. 41648 (May 13, 2024) ("Copper Rule").2 The EPA also announced that "Who Trump Administration is considering a 2-year compliance exemption under Section 112(i)(4) of the Clean Air Act (the "Act") for affected facilities while EPA goes through the rulcmaking process." In response to the EPA's announcement, Freeport-McMoRan Miami Inc. ("FMMI") has submitted a request for an exemption pursuant to Section 1 12(i)(4) of the Act, for its primary copper smelter located in Gila County, Arizona, near the town of Miami ("Miami Smelter"). FMMI requests that the Section 1 12(i)(4) compliance exemption exempt the Miami Smelter from the new standards and limitations prescribed by the Copper Rule for the full initial two-year period authorized under the statute. As explained below, I2MM1 believes that the statutory criteria for a Section 1 12(i)(4) compliance exemption are met. I. Background A. FN1N11 and the Miami Smelter FMMI owns and operates the Miami Smelter, a primary copper smelter3 that was constructed and put into operation in 1915. By FMMI's estimate, the Miami Smelter was one of nineteen primary copper smelters operating in the United States in the 1970s, spread out across multiple states. Over time, however, most of those smelters have shuttered. As of today, only three primary copper smelters remain, with only two (one of which is the Miami Smelter) currently operating. And of those, the Miami Smelter is the only active facility regulated under the Copper Rule.` Over the years, FMMI has made significant capital investments in the Miami Smelter, including the installation of an electric furnace, gas handling/cleaning systems and a double contact sulfuric EPA Press Office, Trinnp EPA Announces Reconsideration of Air Rule.y Regulating American Energy, Manufacturin,,F, Chemical .Sectory (NESHAPs) (Mar. 12, 2025), https://perma.ce/89EN-VELB. FMMI incorporates all authorities cited herein by reference. Id. (identifying the "NESHAP[] for ... copper smelting"); EPA, National Hazardous .Standardsfie HazardIC Air Polhuants (NESHAI.'): l'owering the Great American (binelnick Fact Sheet, https://perma.cei3CCW-3MQF (last visited Mar. 18, 2025) (specifically identifyinv. the Copper Rule). Primary copper smelting entails extracting copper directly from copper-bearing mined ore. It is distinct from secondary copper smelting, which recycles copper from scrap and other "waste" sources. See 40 C.I.R. Part 63, Subpart QQQ. Sierra Club FOIA 2025-EPA-04883 ED_018388_00000153-00004 SC_EVERSPLIT0005907