View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

EPA/SWER

RIN: 2050-AG29

Publication ID: Fall 2008

Title: NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors (Solicitation of Comment on Legal Analysis and Response to Petitions for Reconsideration)
Abstract: EPA promulgated national emission standards for hazardous air pollutants for hazardous waste combustors on October 12, 2005. EPA subsequently granted reconsideration petitions relating to certain issues presented by the rule. Following the close of the comment period on the proposed reconsideration rule (see SAN 5047.1/RIN 2050-AG35), the United States Court of Appeals for the District of Columbia Circuit has issued several opinions construing section 112(d) of the Clean Air Act, and one of those opinions has been called into question the legality of some of the standards for hazardous waste combustors. This notice discusses the standards that EPA promulgated in October 2005, and specifically identifies which standards EPA believes are consistent with the Clean Air Act and case law, and which standards are not and need to be reexamined through a subsequent rulemaking. With respect to those standards, this notice indicates the portions of the rationale upon which EPA intends to rely, and which portions EPA would no longer rely upon as a justification for the October 2005 standards. In addition, following promulgation of the October 12, 2005 final rule, the EPA Administrator received four petitions for reconsideration pursuant to section 307(d)(7)(B) of the Clean Air Act. Under this section of the Clean Air Act, the Administrator must initiate reconsideration proceedings if the petitioner can show that it was impracticable to raise an objection to a rule within the public comment period or that the grounds for the objection arose after the public comment period. On March 23, 2006 and September 6, 2006, EPA granted reconsideration with respect to eight issues raised by the petitions. The Agency will announce its final action regarding the issues raised in the petitions for reconsideration in this rule.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 63
Legal Authority: 42 USC 7412 42 USC 7414

Legal Deadline:

Action	Source	Description	Date
Final	Judicial	Pleading filed with court provided for mid-October 2008 signature.	nulldate

Timetable:

Action	Date	FR Cite
Preliminary Notice	09/27/2007	72 FR 54875
Comment Period Extension	10/18/2007	72 FR 59067
Final Action	10/28/2008	73 FR 64068

Additional Information: SAN No. 5047; EPA publication information: Preliminary Notice - http://www.epa.gov/fedrgstr/EPA-AIR/2007/September/Day-27/a19097.pdf; Final Action-http://www.epa.gov/fedrgstr/EPA-AIR/2008/October/Day-28/a25166.pdf; See SAN 5047.1 (RIN 2050-AG35) for the original rulemaking efforts.; EPA Docket information: EPA-HQ-OAR-2004-0022
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State, Tribal
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: http://www.epa.gov/hwcmact/
RIN Data Printed in the FR: No
Agency Contact: Frank Behan Environmental Protection Agency Solid Waste and Emergency Response Mail Code 5304T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1730 Email: behan.frank@epa.gov