Court Tells EPA To Finalize Flawed Boiler MACT Rule

The Federal District Court in DC told the EPA that they have to complete their Boiler MACT rule by February 23, 2011. EPA had asked for a new timeline in order to propose an entire new rule (or fix the existing proposed rule) because the current proposal is inadequate - - by EPA's own description, it will be difficult for sources to meet. Following a flood of comments outlining major flaws in the proposed rule, EPA realized it needed more time to fix the problems with the rule. However, environmental groups protested and the court refused to grant EPA's request.

The Council of Industrial Boiler Operators are disappointed that the Court denied EPA's request for the time it needs to address critical problems with the proposed Boiler MACT rule. CIBO believes EPA will have to finalize a rule that is based on a fundamentally-flawed proposed rule, which EPA will have difficulty defending in court. In the meantime, all of industry, universities and district energy providers will have to spend tens of millions of dollars to prepare to meet the new standards. CIBO believes it would make much more sense, especially given our nation's present economic challenges, for EPA and all stakeholders to take the time up front to get the rule right." Here is a link to the CIBO study focused on the job impacts of EPA's tougher Boiler MACT rule. (Frank Maisano)

In a letter to the EPA administrator, the Small Business Administration's Office of Advocacy concludes:

Advocacy advises EPA to request more time to complete the rulemakings required by the settlement agreement. Advocacy believes that the seven months provided for the EGU proposed rule and 11 months provided for the refineries proposed rule are not sufficient to allow for full compliance with the procedures required...to ensure that the Administrator, in exercising her policy discretion, can benefit from the agency’s understanding of both rulemakings’ economic impact on small entities. Further, Advocacy welcomes a broader discussion with EPA on negotiated deadlines in settlement agreements and consent decrees. (SBA)