Date: January 21, 2011
Source: News Room
The US EPA has only one month, by decree of the U.S. District Court for the District of Columbia, to issue final Maximum Achievable Control Technology (MACT) rules, regulating emissions from industrial boilers. The news comes as a disappointment to the agency that had requested a six to 15-month extension, and to industry which had been fighting the potentially job-killing rules and wanted more time to present its case. EPA asked the court for the extra time in December, citing an overwhelming number of public comments on the proposed rules, released in April. The MACT rules include standards for area source and major source polluters, as well as commercial and institutional solid waste incinerators. It would recategorize a number of multifuel boilers as incinerators, subject to more stringent limits on emissions of five hazardous air pollutants -- mercury, hydrogen chloride, particulate matter, carbon monoxide and dioxin. EPA is obligated under the Clean Air Act (CAA) to regulate hazardous air pollutants from those sources and promulgated a rule in 2004 that was later vacated by the U.S. Court of Appeals. In re-issuing the rules, the agency has been under intensifying pressure from numerous industries, stalled energy projects and Congress, including 23 Republicans and 18 Democrats in the Senate. Among them is Sen. James Inhofe (R-OK), ranking member of the Senate Committee on Environment and Public Works, who calls the MACT rule "a massive regulatory failure," and accuses the agency of following a "rule-by-consent-decree approach."
"We are extremely disappointed with the court's decision to not grant EPA the 15-month extension they requested," said Donna Harman, president and CEO of the American Forest & Paper Association. "The extension of one month falls well short of the time requested by the agency to allow a sound rule to be put forth.
Initially, the extension request brought hope for a new rule that would be less harmful to the biomass power industry. "What it indicates to us is EPA realized they didn't understand our industry and that they want to take a step back and make sure they got the benefit of all the data that we have been sharing with them," said Bob Cleaves, CEO and president of the Biomass Power Association.
According to EPA, the standards will be significantly different than what EPA proposed in April 2010. The agency believes these changes still deserve further public review and comment and expects to solicit further comment through a reconsideration of the rules.
Through the reconsideration process, EPA intends to ensure that the rules will be practical to implement and will protect all Americans from pollutants such as mercury and soot. The agency is considering all other options for addressing these issues before the rules would become effective 60 days after publication in the Federal Register.
EPA said it received more than 4,800 comments and additional data during the public comment period for these rules. This information shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler types. Given the extensive comments, EPA filed a motion with the court asking for more time to fully evaluate all the comments and data and finalize the rules.
PRESS RELEASE
EPA Announces Next Steps on Emissions Standards for Boilers, Certain Incinerators
Release date: 01/20/2011
WASHINGTON – Today a federal District Court judge in Washington D.C. issued an order extending by 30 days EPA's deadline to issue emission standards for large and small boilers and solid waste and sewage sludge incinerators. EPA is disappointed that the extension was not longer. However, the agency will work diligently to issue these standards by this new deadline.
The standards will be significantly different than what EPA proposed in April 2010. The agency believes these changes still deserve further public review and comment and expects to solicit further comment through a reconsideration of the rules. Through the reconsideration process, EPA intends to ensure that the rules will be practical to implement and will protect all Americans from dangerous pollutants such as mercury and soot, which can damage children's developing brains, aggravate asthma and cause heart attacks. The agency is considering all other options for addressing these issues before the rules would become effective 60 days after publication in the Federal Register.
EPA received more than 4,800 comments and additional data during the public comment period for these rules. This information shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler types. Given the extensive comments, EPA filed a motion with the court asking for more time to fully evaluate all the comments and data and finalize the rules.
Contact Information:
Enesta Jones, jones.enesta@epa.gov, 202-564-7873, 202-564-4355
More information: www.epa.gov/airquality/combustion.
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