U.S. Senate Votes on Boiler MACT

On Thursday, March 8, 2012, the U.S. Senate voted to defeat an amendment designed to delay the U.S. EPA’s efforts to implement the provisions of 40 CFR Part 63, Subpart DDDDD – National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters, the so-called, Boiler MACT.  The defeated amendment would have delayed implementation of the Boiler MACT provisions by 15 months, but would have also delayed the compliance date of the rules for an additional 5 years.  The measure failed by a vote of 46 to 52.  Sixty votes were required for the measure to be passed.  Therefore, pending any further challenges from the legislature, facilities that are subject to the Boiler MACT rule will need to work toward operating in compliance with the requirements and applicable dates of the rule as promulgated in March 2011 until the December 23, 2011 proposed revisions to the rule are promulgated final in the spring/summer of 2012.