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| EPA/AR | RIN: 2060-AK84 | Publication ID: Fall 2008 |
| Title: Petition to Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate | |
| Abstract: The Clean Air Act requires EPA to regulate 188 compounds that are listed as air toxics, also known as hazardous air pollutants. Air toxics are those pollutants known, or suspected, to cause cancer and other human health problems. The law allows EPA to consider petitions to modify the list, by adding or removing substances. Individuals seeking to remove a substance must demonstrate that there are adequate data to determine that emissions, outdoor concentrations, bioaccumulation, or atmospheric deposition of the substance may not reasonably be anticipated to damage human health or the environment. The Agency received a petition to remove 4,4'-Methylene Diphenyl Diisocyanate (MDI) from the American Chemistry Council on December 26, 2002. Once EPA receives a petition, it conducts two reviews: a completeness review, to determine whether there is sufficient information on which to base a decision; and a technical review, to evaluate the merits of the petition. The EPA also requests and considers information from the public. After a comprehensive technical review of both the petition and the information received from the public to determine whether the petition satisfies the requirements of the CAA, the review team is required to make a recommendation to the Administrator on whether to grant the petition. If the Administrator decides to grant a petition, a proposed rule is published in the Federal Register which proposes a modification of the HAP list and presents the reasoning for doing so. The proposed rule is open to public comment and public hearing and all additional substantive information received during the public's involvement is evaluated prior to the decision on the issuance of a final rule. However, if the Administrator decides to deny a petition, a notice setting forth an explanation of the reasons for denial is published instead. A notice of denial constitutes final Agency action of nationwide scope and applicability, and is subject to judicial review as provided in the CAA. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 40 CFR 63 | |
| Legal Authority: 42 USC 7412 | |
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Legal Deadline:
None |
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Timetable:
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| Additional Information: SAN No. 4782; EPA publication information: Notice of Complete Petition - http://www.epa.gov/fedrgstr/EPA-AIR/2005/May/Day-26/a10579.htm; EPA Docket information: EPA-HQ-OAR-2005-0085 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Undetermined |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Greg Nizich Environmental Protection Agency Air and Radiation C504-03, Research Triangle Park, NC 27711 Phone:919 541-3078 Email: nizich.greg@epa.gov Scott Jenkins Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code C445-01, Research Triangle Park, NC 27711 Phone:919 541-1167 Email: jenkins.scott@epa.gov |
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