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2010-09-23
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NESHAP: Interim Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Interim Standards Rule)
Part II
Rules and Regulations
D09002ee1bdf0d39a
D09002ee1bdf0d909
United States
Environmental Protection Agency
originator
org
United States Government Agency or Subagency
On September 30, 1999, EPA promulgated standards to control emissions of hazardous air pollutants from incinerators, cement kilns and lightweight aggregate kilns that burn hazardous wastes. A number of parties sought judicial review of the rule. On July 24, 2001, the United States Court of Appeals for the District of Columbia Circuit (the Court) granted the Sierra Club's petition for review and vacated the challenged portions of the rule. In its decision, the Court invited EPA or any of the parties that challenged the regulations to file a motion with the Court to request either that the current standards remain in place, or that EPA be allowed time to develop interim standards, pending further time in which EPA develops standards complying with the Court's opinion. On October 19, 2001, EPA, together with all other petitioners, jointly moved the Court to stay the issuance of its mandate for four months to allow EPA time to develop interim standards. The motion contemplates that EPA will issue final standards by June 14, 2005. The joint motion also details other actions EPA intends to take. These actions include promulgating, by February 14, 2002, a rule with amended interim emission standards and several compliance and implementation amendments to the rule which EPA proposed on July 3, 2001. The Court has granted this motion and stayed issuance of its mandate until February 14, 2002. Today's rule amends the September 1999 emission standards, with certain provisions amended as set out in the parties' joint motion. The rule also adopts the compliance and implementation amendments described in that motion. Although this Interim Standards Rule results in emission reductions that are less stringent than those of the September 1999 rule, we believe it achieves most of the emission gains of that rule. Promulgation of the rule now, before the Court issues its mandate, also avoids the severe problems relating to developing the Maximum Achievable Control Technology (MACT) on a source-by-source basis pursuant to section 112(j)(2) of the Clean Air Act, which applies if there are no national standards in place. We believe that adopting this Interim Standards Rule now best fulfills the statutory requirement to have national emission standards in place by a specified time, while avoiding unnecessary disruption and burden to regulated industry and affected state and federal administrative agencies.
67 FR 6792
https://www.govinfo.gov/app/details/FR-2002-02-13/02-3346
02-3346
fr13fe02-20
RIN 2050-AE79
6560-50-P
FRL-7143-3
https://www.govinfo.gov/app/details/FR-2002-02-13/02-3346
https://www.govinfo.gov/content/pkg/FR-2002-02-13/html/02-3346.htm
https://www.govinfo.gov/content/pkg/FR-2002-02-13/pdf/02-3346.pdf
Hazardous Waste
Insurance
Packaging and Containers
Security Measures
Surety Bonds
Energy
Recycling
Administrative Practice and Procedure
Confidenetial Business Information
Hazardous Materials Transportation
Intergovernmental Relations
Environmental Protection
Air Pollution Control
Hazardous Substances
Incorporation by Reference
Reporting and Recordkeeping Requirements
27 p.
6792
6818
67 FR 6792
Code of Federal Regulations
Title 40 Part 264
40 CFR Part 264
Code of Federal Regulations
Title 40 Part 265
40 CFR Part 265
Code of Federal Regulations
Title 40 Part 266
40 CFR Part 266
Code of Federal Regulations
Title 40 Part 270
40 CFR Part 270
Code of Federal Regulations
Title 40 Part 271
40 CFR Part 271
Code of Federal Regulations
Title 40 Part 63
40 CFR Part 63
Regulation Identification Number 2050-AE79
RIN 2050-AE79
NESHAP: Interim Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Interim Standards Rule); Federal Register Vol. 67, Issue
RULE
02-3346
II
ENVIRONMENTAL PROTECTION AGENCY
2002-02-13
FRL-7143-3
6560-50-P
02-3346
Final rule.
On September 30, 1999, EPA promulgated standards to control emissions of hazardous air pollutants from incinerators, cement kilns and lightweight aggregate kilns that burn hazardous wastes. A number of parties sought judicial review of the rule. On July 24, 2001, the United States Court of Appeals for the District of Columbia Circuit (the Court) granted the Sierra Club's petition for review and vacated the challenged portions of the rule. In its decision, the Court invited EPA or any of the parties that challenged the regulations to file a motion with the Court to request either that the current standards remain in place, or that EPA be allowed time to develop interim standards, pending further time in which EPA develops standards complying with the Court's opinion. On October 19, 2001, EPA, together with all other petitioners, jointly moved the Court to stay the issuance of its mandate for four months to allow EPA time to develop interim standards. The motion contemplates that EPA will issue final standards by June 14, 2005. The joint motion also details other actions EPA intends to take. These actions include promulgating, by February 14, 2002, a rule with amended interim emission standards and several compliance and implementation amendments to the rule which EPA proposed on July 3, 2001. The Court has granted this motion and stayed issuance of its mandate until February 14, 2002. Today's rule amends the September 1999 emission standards, with certain provisions amended as set out in the parties' joint motion. The rule also adopts the compliance and implementation amendments described in that motion. Although this Interim Standards Rule results in emission reductions that are less stringent than those of the September 1999 rule, we believe it achieves most of the emission gains of that rule. Promulgation of the rule now, before the Court issues its mandate, also avoids the severe problems relating to developing the Maximum Achievable Control Technology (MACT) on a source-by-source basis pursuant to section 112(j)(2) of the Clean Air Act, which applies if there are no national standards in place. We believe that adopting this Interim Standards Rule now best fulfills the statutory requirement to have national emission standards in place by a specified time, while avoiding unnecessary disruption and burden to regulated industry and affected state and federal administrative agencies.
Effective Date: This final rule is effective on February 13, 2002.
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, contact Frank Behan at 703-308-8476, behan.frank@epa.gov, or Michael Galbraith at 703-605-0567, galbraith.michael@epa.gov, or write to them at the Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Hazardous Waste
Insurance
Packaging and Containers
Security Measures
Surety Bonds
Energy
Recycling
Administrative Practice and Procedure
Confidenetial Business Information
Hazardous Materials Transportation
Intergovernmental Relations
Environmental Protection
Air Pollution Control
Hazardous Substances
Incorporation by Reference
Reporting and Recordkeeping Requirements
Air pollutants, hazardous; national emission standards:
Hazardous waste combustors,
behan.frank@epa.gov
galbraith.michael@epa.gov
http://www.epa.gov/epaoswer/hazwaste/combust
http://www.epa.gov/epaoswer/hazwaste/combust/preamble.htm
www.epa.gov/epaoswer/hazwaste/combust/toolkit/coverpage.htm
Federal Register
Vol. 67, no. 30
Office of the Federal Register, National Archives and Records Administration
2002-02-13
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377 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2002-02-13
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0042-1219
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000582072
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https://www.govinfo.gov/app/details/FR-2002-02-13
https://www.govinfo.gov/content/pkg/FR-2002-02-13/pdf/FR-2002-02-13.pdf
https://www.govinfo.gov/content/pkg/FR-2002-02-13/xml/FR-2002-02-13.xml
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