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EPA/SWER

RIN: 2050-AG29

Publication ID: Fall 2007

Title: NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors (Solicitation of Comment on Legal Analysis)
Abstract: On October 12, 2005, pursuant to section 112 (d) of the Clean Air Act, EPA issued national emission standards for hazardous air pollutants (NESHAP) emitted by various types of hazardous waste combusters. EPA subsequently granted reconsideration petitions relating to certain issues presented by the rules, but has not yet issued a final determination on reconsideration. (See SAN 5047.1 (RIN 2050-AG35) for the specific citations of this overall effort). Following the close of the comment period on the proposed reconsideration rule, the United States Court of Appeals for the District of Columbia Circuit has issued two opinions construing section 112 (d) of the Clean Air Act, and one of those opinions has called into question the legality of some of the standards for hazardous waste combusters. This notice will discuss the standards that EPA promulgated in October 2005, and specifically identify which standards EPA believes are consistent with the Act and case law, and which standards are not and need to reexamined through a subsequent rulemaking. With respect to those standards EPA intends to retain, this notice will indicate 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 standards. EPA will seek public comment on this analysis. EPA will also place edited versions of various support documents in the public docket, edited to remove portions of the rationale on which EPA no longer plans to rely, and seek public comment on these edits. EPA will also seek public comment on its revised response to public comment on whether hydrogen chloride and chlorine are pollutants with a threshold level of exposure for purposes of section 112 (d) (4) of the Act.
Agency: Environmental Protection Agency(EPA)	Priority: Info./Admin./Other
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 42 USC 7414

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Notice	09/27/2007	72 FR 54875
Comment Period Extended	11/00/2007

Additional Information: SAN No. 5047; See SAN 5047.1 (RIN 2050-AG35) for the reconsideration 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: 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