The Interim Standards are negotiated standards which temporarily replace the 1999-promulgated NESHAP for hazardous waste burning incinerators, cement kilns and lightweight aggregate kilns. On July 24, 2001, the Court of Appeals for the District of Columbia Circuit decided Cement Kiln Recycling Coalition v. EPA, 255 F.3d 855 (D.C. Cir. 2001) by vacating certain portions of the 1999 Phase 1 Hazardous Waste Combustion NESHAP. According to the court, the NESHAP "fail to reflect the emissions achieved in practice by the best performing sources as required by the Clean Air Act." Because the decision left the EPA without standards regulating hazardous waste combustor (HWC) emissions, the court invited EPA or any of the parties that challenged the regulation to file a motion to request that either the 1999 standards remain in place or that EPA be allowed time to develop interim standards until replacement standards could be put in place that would comply with the court's opinion. On October 19, 2001 EPA, together with all the other parties, requested the court stay its mandate until February 14, 2002 to allow EPA time to develop and promulgate interim standards. The court granted this motion on November 1, 2001. In turn, EPA promulgated negotiated interim standards on February 13, 2002 (67 FR 6792). The court issued its mandate on March 19, 2002. The negotiated interim standards temporarily replace the original Phase 1 standards.
For a comparison of the 1999 Phase 1 standards to the 2002 negotiated interim standards, see the Standard for Existing and New Units Guide (PDF File, 90 KB) located in the Checklists and Guidelines module of the Toolkit.
What are the NESHAP Interim Standards?
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