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EPA/AR RIN: 2060-AO18 Publication ID: Fall 2008 
Title: Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal Waste Combustors (MWCs) 
Abstract: EPA originally adopted air emission standards for new and existing large municipal waste combustors (MWCs) in 1995. As required by section 129 of the CAA, EPA reviewed these standards and proposed revised standards. The proposal occurred on December 19, 2005, and final standards were published on May 10, 2006 (71 FR 27323). A number of individuals, including Earthjustice, filed litigation on various aspects of the standards. Earthjustice also filed a request for EPA to reconsider four items included in the final standards. Earthjustice did not believe the changes made to the four items following proposal were adequately explained in the final FR notice. EPA agreed to reconsider the items and, following reconsideration, would publish a FR notice explaining EPA's logic for the changes, take comment on the action, and publish a final action. A notice was drafted addresssing the reconsideration issues. However, as a result of recent court decisions on various CAA sections 112 and 129 rules, EPA petitioned the court to remand the LMWC rule to EPA to allow EPA to review the MACT floor determination conducted as part of the 1995 rulemaking. The court issued the remand on February 2008. This action will put the reconsideration notice on "hold" until the MACT floor review is completed (estimated to take 1 year). 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 60   
Legal Authority: CAA sec 129   
Legal Deadline:
Action Source Description Date
Final  Judicial  Litigation stayed until 07/16/2007. EPA must publish final response to request for reconsideration by that date.  07/16/2007 
Timetable:
Action Date FR Cite
Notice of Reconsideration of Final Rule  03/20/2007  72 FR 13016   
NPRM  11/00/2009    
Final Action  11/00/2010    
Additional Information: SAN No. 5120; EPA publication information: Notice of reconsideration of final rule - http://www.epa.gov/fedrgstr/EPA-AIR/2007/March/Day-20/a5022.htm
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Walt Stevenson
Environmental Protection Agency
Air and Radiation
C439-01,
Research Triangle Park, NC 27711
Phone:919 541-5264
Fax:919 541-5264
Email: Stevenson.Walt@epamail.epa.gov

Brian Shrager
Environmental Protection Agency
Air and Radiation
E143-01,
Research Triangle Park, NC 27711
Phone:919 541-7689
Fax:919 541-5450
Email: shrager.brian@epa.gov