[Federal Register Volume 66, Number 199 (Monday, October 15, 2001)]
[Rules and Regulations]
[Pages 52361-52362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25865]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7083-6]
RIN 2050-AE89


NESHAP: Standards for Hazardous Air Pollutants for Hazardous 
Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: On July 3, 2001, EPA promulgated amendments to the regulations 
for hazardous waste burning cement kilns, lightweight aggregate kilns, 
and incinerators promulgated on September 30, 1999 (NESHAP: Final 
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors). 
66 FR 35087. EPA promulgated these amendments as direct final rules, 
with an accompanying proposed rule to supplant these rules in the event 
EPA received any adverse comment on the amendments. 66 FR 35124. 
Because we received adverse comments on some of the provisions, we are 
withdrawing the corresponding parts of that direct final rule.

DATES: As of October 15, 2001, EPA withdraws the amendments to 
Sec. 63.1206(b)(6)(i), Sec. 63.1206(b)(7)(i)(B), 
Sec. 63.1206(b)(7)(ii)(B), Sec. 63.1206(b)(13)(i), 
Sec. 63.1206(c)(7)(ii), Sec. 63.1207(c)(2)(i), Sec. 63.1207(f)(1)(ii), 
and to add the definition of ``Preheater tower combustion gas 
monitoring location'' to Sec. 63.1201(a) published at 66 FR 35087 on 
July 3, 2001.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Call Center at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired). 
Callers within the Washington Metropolitan Area must dial 703-412-9810 
or TDD 703-412-3323 (hearing impaired). The RCRA Call Center is open 
Monday--Friday, 9 am to 4 pm, Eastern Standard Time. For more 
information on specific aspects of this withdrawal notice, contact Mr. 
Frank Behan at 703-308-8476, [email protected], or write him at the 
Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW, Washington, D.C. 20460.

SUPPLEMENTARY INFORMATION: On July 3, 2001, EPA published a direct 
final rule (66 FR 35087) and a notice of proposed rulemaking (66 FR 
35124) promulgating and proposing amendments to provisions dealing 
largely with rules affecting implementation of the National Emission 
Standards for Hazardous Waste Combustors (subpart EEE of Part 63). EPA 
indicated that it was promulgating these amendments as direct final 
rules because it believed the amendments to be non-controversial. See 
66 FR at 35088. However, the Agency further stated that if we received 
adverse comment by August 17, 2001 on one or more distinct provisions 
of the direct final rule, we would publish a timely withdrawal of those 
distinct provisions in the Federal Register, and deal with those 
provisions as proposed rules. We subsequently received adverse comment 
on four of the provisions: the

[[Page 52362]]

amendments to Sec. 63.1201(a) and Sec. 63.1206(b)(13)(i) (alternative 
hydrocarbon monitoring location for short cement kilns burning 
hazardous waste at locations other than the ``hot'' end of the kiln); 
the amendments to Sec. 63.1206(b)(6)(i), Sec. 63.1206(b)(7)(i)(B), 
Sec. 63.1206(b)(7)(ii)(B), and Sec. 63.1207(c)(2)(i) (use of 
destruction and removal efficiency data in lieu of testing); the 
amendments to Sec. 63.1206(c)(7)(ii) (deletion of baghouse inspection 
requirements); and amendments to Sec. 63.1207(f)(1)(ii) (feedstream 
analysis for organic hazardous air pollutants). We will address these 
comments in the future in a final action based on the proposed rule for 
these four provisions. We will not institute a second comment period on 
this action. The nine provisions for which we did not receive adverse 
comment will become effective on October 16, 2001 as provided in the 
July 3, 2001 direct final rule.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: October 9, 2001.
Christine Todd Whitman,
Administrator.

PART 63--[AMENDED]


Secs. 63.1201, 63.1206, and 63.1207  [Amended]

    Accordingly, the amendments to Sec. 63.1206(b)(6)(i), 
Sec. 63.1206(b)(7)(i)(B), Sec. 63.1206(b)(7)(ii)(B), 
Sec. 63.1206(b)(13)(i), Sec. 63.1206(c)(7)(ii), Sec. 63.1207(c)(2)(i), 
Sec. 63.1207(f)(1)(ii), and to add the definition of ``Preheater tower 
combustion gas monitoring location'' to Sec. 63.1201(a) are withdrawn 
as of October 15, 2001.

[FR Doc. 01-25865 Filed 10-12-01; 8:45 am]
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