All This Has Happened Before, and It Will Happen Again…

As every avid reader of 4 The Record knows, U.S. EPA published four (4) new rules that are all interrelated and that will affect boilers and process heaters everywhere. Two of the four rules are intended to reduce emissions of toxic air pollutants from boilers and process heaters located at major sources of hazardous air pollutant (HAP) emissions (Major Source Boiler MACT), as well as area sources of HAP emissions (Area Source Boiler MACT). In addition, U.S. EPA has finalized a rule to reduce toxic air pollutants from Commercial and Industrial Solid Waste Incinerators (CISWI), and has published a new definition of solid waste (DSW Rule). Because U.S. EPA was forced by a court order to hurriedly finalize the Boiler MACT rules and the CISWI rules, these three final rules contain requirements that the public has not had an opportunity to comment on. Within the preambles to these three rules, U.S. EPA has stated that the Boiler MACT rules and CISWI rules will be open for reconsideration. U.S. EPA also made it known that the DSW Rule is final and will not be reconsidered. 

On April 29, 2011, 13 industry groups collectively fired a shot across U.S. EPA’s bow by filing petitions with the U.S. Court of Appeals for the District of Columbia. The petitions will allow these industry groups to pursue legal challenges to the Major Source Boiler MACT and the CISWI Rule in the event that U.S. EPA does not address all of their comments to their satisfaction. Because of the large number of comments received to date, U.S. EPA announced on May 16, 2011 that it has delayed the effective dates of the final Major Source Boiler MACT rule and CISWI rule until such time as judicial review is no longer pending or until U.S. EPA completes its reconsideration of the rules, whichever is earlier. Please note that although the effective dates have been delayed, the compliance dates of these rules remain unchanged.