United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2002_register executive 2010-09-23 article Part II Rules and Regulations D09002ee1c81c7051 D09002ee1c81c718f 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 Title 40 Part 264 40 CFR Part 264 Title 40 Part 265 40 CFR Part 265 Title 40 Part 266 40 CFR Part 266 Title 40 Part 270 40 CFR Part 270 Title 40 Part 271 40 CFR Part 271 Title 40 Part 63 40 CFR Part 63 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 Vol. 67, no. 30 Office of the Federal Register, National Archives and Records Administration 2002-02-13 continuing daily deposited born digital 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 P0b002ee1809c1df7 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr13fe02 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 fdlp 6639 6821 DGPO 2010-09-23 2024-06-07 FR-2002-02-13 machine generated eng FR FR-2002-02-13 67 30