EPA Seeks to Extend Boiler MACT Rule Issuance Deadline to April

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The U.S. Environmental Protection Agency (EPA) has filed for an extension in the current court-ordered schedule for issuing its Maximum Achievable Control Technology (MACT) rule for large and small industrial boilers and solid waste incinerators. EPA noted that additional time is needed for it to re-propose the rules based on a full assessment of information received since the rules were proposed. The EPA request would extend the deadline for issuing the final rules from January 16, 2011, to April 2012.

"After receiving additional data through the extensive public comment period, EPA is requesting more time to develop these important rules," said Gina McCarthy, assistant administrator for EPA's Office of Air and Radiation. "We want to ensure these rules are practical to implement and protect all Americans from dangerous pollutants such as mercury and soot, which affect kids' development, aggravate asthma and cause heart attacks," she added.

To meet a court order requiring EPA to issue final rules in January 2011, the agency proposed standards this past April. The agency said that while it requested and received some information from industry before the proposal, the comments it received following the proposal shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler-types. Industry groups and others offered this information during the public comment period after EPA proposed the rule.

After review of the data and the more than 4,800 public comments, the agency said that it believes it is appropriate to issue a revised proposal that reflects the new data and allows for additional public comment.