U.S. EPA seeks comment on MACT rule

The U.S. Environmental Protection Agency (EPA) is seeking public comment on an analysis of the 2005 Hazardous Waste Combustor Maximum Achievable Control Technology (MACT) rule. In March 2007, the United States Court of Appeals for the District of Columbia Circuit (Court) issued an opinion in Sierra Club v. EPA (aka Brick MACT) that vacated the standards included in another of the Agencys MACT rules. In light of the courts opinion, EPA has reexamined the standards in the 2005 MACT rule to determine if they are compliant with the courts opinion.

In the analysis, EPA identifies which standards it believes are consistent with the opinion and which standards are not and seeks public comment on this analysis. Standards that are not consistent with the decision would need to be reexamined in a future regulatory action, which would begin in 2008. In addition, the EPA has edited the rationale that supported the 2005 rule. Consequently, EPA also has made the revised versions of the preamble and various support and comment response documents from the 2005 MACT rule available for comment.

Comments will be accepted for 21 days following publication in the Federal Register.

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