EPA Sends Boiler MACT to White House, In Wake of Court Deadline

Date: February 1, 2011

Source: News Room

The US EPA has sent a set of air toxics rules to the White House for review, including a revised version of its controversial rule setting maximum achievable control technology (MACT) requirements for industrial boilers, on the same day a US District court rejected EPA's request to delay the rule until next year and ordered the agency to publish the rules by Feb. 21. At the same time, the agency said it will immediately reconsider and take comment on significant changes made to the rules since they were proposed. However, some lawmakers say the reconsideration shows the shortcomings of the agency's rulemaking process, nicknamed a "rule-by-consent-decree approach" by Sen. James Inhofe (R-OK). "With all due respect, this makes a mockery of the regulatory process: in essence, EPA will finalize a rule that it doesn't believe in," he said in a Jan. 21 statement. Rep. Fred Upton (R-MI), chairman of the House Energy & Commerce Committee, is also offering to push legislation that would delay the boiler MACT deadline.

The rules now under review are the national emission standards for hazardous air pollutants (NESHAP) for large boilers that are "major" sources of air toxics, the NESHAP for boilers that are smaller "area" sources of pollutants, new source performance standards (NSPS) for solid waste incinerators and an NSPS rule for sewage sludge incinerators. OMB is also reviewing a rule that defines non-hazardous solid waste, which determines which facilities follow the boiler MACT and which facilities follow the more stringent incinerator rules.

EPA has faced harsh criticism of its proposed rules, especially the boiler MACT. Industry has long argued that the rule is unnecessarily stringent and will lead to job losses at a time when the economy can least afford it.

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