Document jBdMZ3aV16J3a5Qg64MkQZwvy

M FREEPORT-MCMORAN Miami Operations 5701 New St, PO Box 4444, Claypool, AZ 85532-4444 March 31,2025 Via Email (airaction(;epa.gov) The I Ionorable Lee Zeldin Administrator L.S. Environmental Protection Agency 1200 Pennsylvania Avenue, I.W. Washington, D.C. 20460 Re: Presidential Exemption: "National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Iechnolog_y Review and Primary Copper Smelting Area Source Technology Review," 89 Fed. Reg. 41648 (May 13, 2024): Miami Smelter in Gila County, Arizona Dear Administrator Zeldin: Freeport-McMoRan Miami Inc. ("FMMI") writes to request a two-year Presidential Exemption under Section 1 12(i)(4) of the Clean Air Act for compliance deadlines applicable to FMMI's primary copper smelter located near Miami in Gila County, Arizona ("Miami Smelter"). This request applies to all the deadlines promulgated under the National Emission Standards for hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review, 89 Fed. Reg. 41648 (May 13, 2024) ("Copper Rule"). For the reasons set out in more detail below, the technology to implement the Copper Rulc is not available, and it is in the national security interests of the United States for the President to grant a two-year exemption. I. The technology to implement the Copper Rule is so radically cost-inef- fective that it is "not available" in a commonsense understanding of the term Congress has committed the determination as to whether a technology is "available" to the President's discretion. I This discretion includes the consideration of costs when determining if a control technology is available.' Based on a sophisticated engineering and cost estimation process, FMMI The Supreme Court has recognized that where "the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate." Youngstown Sheet rie /Ube Co y Sawyer, 343 U.S. 579. 635 (1952) (Jackson, J., concurring). Michigan v. EPA, 576 L.S. 743,755-57 (2015) (finding that the EPA unreasonably deemed cost irrelevant when it decided to regulate hazardous air pollutants from power plants). Sierra Club FOIA 2025-EPA-04883 ED_018388_00000153-00001 SC_EVERSPLIT0005904