President Trump’s efforts at regulatory reform continued with the announcement on January 15, 2018 that the U.S. EPA would withdraw its “once in, always in” policy for classification of Major Sources of hazardous air pollutants (HAPs) under section 112 of the Clean Air Act. Newly sworn in Assistant Administrator of EPA’s Office of Air and
EPA Won’t Seek to Enforce Boiler MACT Deadlines After Recent Court Decision
In my prior post, I discussed the recent federal court ruling with found EPA’s self-imposed stay of the Boiler MACT illegal. Following the Court’s ruling, concern was immediately raised by industry that they would be subject to the original deadlines that appear in the 2011 rulemaking.
Yesterday, Administrator Jackson responded to a letter from Senator…
Court Throws Out EPA’s Self-Imposed Stay of Boiler MACT
On February 11, 2011, EPA issued two rules regulating hazardous air pollutants (HAPs) from thousands of industrial sources. First, the "Boiler MACT" imposed standards on industrial, commercial and institutional boilers and process heaters. Second, the "CISWI" imposed standards on commercial and industrial solid waste incinerators.
Both rules were very controversial due to their wide…
EPA’s Delay Tactic Avoids Real Change
On Monday, EPA announced it was delaying its proposed rules that would apply greenhouse gas emission standards to power plants. EPA said it would push the proposal back from July to September to allow more time to consider comments. EPA still expects to finalize the rule by May 2012.
Its no secret that EPA regulations have been the focus…
U.S. EPA Stays Boiler Rule and Seeks Even More Comments
On March 21, 2011, U.S. EPA issued final air toxic standards for industrial and commercial boilers. The rules regulated emissions of hazardous air pollutants (HAP) from industrial, commercial, and institutional boilers and process heaters located at major sources of HAP emissions (the "Major Source Boiler MACT"). The EPA also issued final rules regulating emissions…
EPA Issues Comercial and Industrial Boiler Rule
This week U.S. EPA finalized its long awaited rule making establishing air emission standards for industrial and commercial boilers. The standards are to reduce emissions of hazardous air pollutants (HAPs) by requiring sources to install or meet of Maximum Achievable Control Technology (MACT).
Controversial Rulemaking Process Comes to an End
EPA proposed MACT standards in spring of 2010 which were…
Quick Hits: Boiler MACT Delayed; S.C. to Hear Climate Change Nuisance Case
Boiler MACT Rules- On December 7th, EPA filed a motion with the Court requesting more time in order to re-propose the Boiler MACT rules and allow for public comment. In EPA’s motion to the Court, EPA sets forth following timetable if its motion is granted to move impending January deadline is moved to April: it will publish…
Significant Controversy Over U.S. EPA’s Boiler MACT Rules
On June 4, 2010, U.S. EPA released its much anticipated proposed standards for industrial boilers to reduce hazardous air pollutants ("HAPs"). Since their release, EPA has faced an outcry that the proposed standards are "fundamentally flawed" or "unachievable."
So what is the controversy?
EPA’s boiler standards are supposed to reflect the application of the maximum achievable…
Control of Hazardous Air Pollutants from Coal Plants
All the recent climate change related litigation has overshadowed major activity around control of hazardous air pollutants (HAPs) from coal plants. Mercury is one such HAP. Back in February 8, 2008 in New Jersey v. EPA, the D.C. Circuit Court of Appeals threw out U.S. EPA’s cap and trade program for mercury, known as the Clean Air…