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How is EPA addressing the issues raised in the “petitions for reconsideration” that were submitted to the Administrator following promulgation of the October 12, 2005 final rule?

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Following promulgation of the MACT final rule, issued on October 12, 2005, the EPA Administrator received four petitions for reconsideration pursuant to section 307(d)(7)(B) of the Clean Air Act. Under this section of the Clean Air Act, the Administrator shall initiate reconsideration proceedings if the petitioner can show that it was impracticable to raise an objection to a rule within the public comment period or that the grounds for the objection arose after the public comment period. For each issue raised in the petitions of reconsideration, EPA must either grant or deny reconsideration, based on a determination of whether EPA provided adequate notice during the rulemaking. EPA granted reconsideration of eight issues raised by the petitioners and provided the public with an opportunity to comment on them by issuing two proposed rules. In the first notice published on March 23, 2006, EPA granted reconsideration of one issue – the particulate matter standard for new cement kilns – an

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