{"abstract":"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.","action":"Final rule.","agencies":[{"raw_name":"ENVIRONMENTAL PROTECTION AGENCY","name":"Environmental Protection Agency","id":145,"url":"https://www.federalregister.gov/agencies/environmental-protection-agency","json_url":"https://www.federalregister.gov/api/v1/agencies/145","parent_id":null,"slug":"environmental-protection-agency"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2002/02/13/02-3346.html","cfr_references":[{"chapter":null,"citation_url":null,"part":63,"title":40},{"chapter":null,"citation_url":null,"part":264,"title":40},{"chapter":null,"citation_url":null,"part":265,"title":40},{"chapter":null,"citation_url":null,"part":266,"title":40},{"chapter":null,"citation_url":null,"part":270,"title":40},{"chapter":null,"citation_url":null,"part":271,"title":40}],"citation":"67 FR 6792","comment_url":null,"comments_close_on":null,"correction_of":null,"corrections":[],"dates":"Effective Date: This final rule is effective on February 13, 2002.","disposition_notes":null,"docket_ids":["FRL-7143-3"],"dockets":[],"document_number":"02-3346","effective_on":"2002-02-13","end_page":6818,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2002/02/13/02-3346.xml","html_url":"https://www.federalregister.gov/documents/2002/02/13/02-3346/neshap-interim-standards-for-hazardous-air-pollutants-for-hazardous-waste-combustors-interim","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/02-3346?publication_date=2002-02-13","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2002-02-13/02-3346/mods.xml","not_received_for_publication":null,"page_length":27,"page_views":{"count":272,"last_updated":"2026-07-26 12:15:03 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2002-02-13/pdf/02-3346.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":null,"publication_date":"2002-02-13","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2002/02/13/02-3346.txt","regulation_id_number_info":{"2050-AE79":{"issue":"200110","html_url":"https://www.federalregister.gov/regulations/2050-AE79/neshaps-standards-for-hazardous-air-pollutants-for-hazardous-waste-combustors","title":"NESHAPS:  Standards for Hazardous Air Pollutants for Hazardous Waste Combustors","xml_url":"http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200110&RIN=2050-AE79&operation=OPERATION_EXPORT_XML","priority_category":"Other Significant"}},"regulation_id_numbers":["2050-AE79"],"regulations_dot_gov_info":{},"regulations_dot_gov_url":null,"significant":true,"signing_date":null,"start_page":6792,"subtype":null,"title":"NESHAP: Interim Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Interim Standards Rule)","toc_doc":"Hazardous waste combustors","toc_subject":"Air pollutants, hazardous; national emission standards:","topics":["Administrative practice and procedure","Air pollution control","Confidential business information","Energy","Environmental protection","Hazardous materials transportation","Hazardous substances","Hazardous waste","Incorporation by reference","Insurance","Intergovernmental relations","Packaging and containers","Recycling","Reporting and recordkeeping requirements","Security measures","Surety bonds"],"type":"Rule","volume":67}