On May 16, 2011, the Environmental Protection Agency again changed course with the Boiler MACT rules, issuing an indefinite stay. As its official notice states:
dates of the final rules published in the Federal Register on March 21, 2011
(76 FR 15608 and 76 FR 15704), are delayed until such time as judicial review
is no longer pending or until the EPA completes its reconsideration of the
rules, whichever is earlier.
The rules, officially known as the “National Emission
Standards for Hazardous Air Pollutants for Major Sources: Industrial,
Commercial, and Institutional Boilers and Process Heaters,” which is often
called the major source Boiler MACT rule, and “Standards of Performance for New
Sources and Emission Guidelines for Existing Sources: Commercial and Industrial
Solid Waste Incineration Units,” often called the “CISWI rule, regulate
emissions of hazardous air pollutants (HAP) and certain other air pollutants
from industrial, commercial and institutional boilers, process heaters and industrial
solid waste incineration units. When the EPA issued the final rules on n March
21, 2011, the EPA established an effective date of May 20, 2011, for each rule.
On the same day, however, the EPA also published a notice that they agency was
reconsidering certain portions of the rules. In large part, the extra time was
granted to allow more time for public comment. According to the May 16
announcement by the EPA, the stay was granted to give even more time for
interested parties seeking reconsideration of both rules to offer public
comment. Corporations and industry groups also have requested judicial review
of both rules, and this litigation is pending.
Finally, according to the agency, it has received petitions
from a number of interested parties that identify specific issues that the EPA
is being asked to reconsider. To allow adequate time for public comment, the
EPA has extended the commenting period until July 15, 2011.
To offer comment or learn about any further developments with
these rules as they happen, visit http://www.epa.gov/airquality/combustion/actions.html.