EPA Postpones Boiler MACT, Incinerator Rules
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The U.S. Environmental Protection Agency's (EPA), Washington, D.C., early this week agreed to seek additional information and to postpone the effective date of the Boiler MACT and CISWI incinerator rules. Because the original boiler rule was vacated, there is no rule currently in place. The agency will accept additional data and information on the standards until July 15.
This past February 21, the EPA established Clean Air Act emissions standards for large and small boilers and incinerators that burn solid waste and sewage sludge. The standards cover more than 200,000 boilers and incinerators that emit air pollutants, including mercury, cadmium, dioxins, and particle pollution. The final rules, published on March 21, called for an effective date of May 20, with compliance deadlines beginning three years later.
But from the date of the EPA's first proposals in April 2010, manufacturers raised objections, saying that the agency's standards were not based on adequate information, were confusing, and were not technically achievable. In response to the April 2010 proposals, the agency received more than 4,800 comments from businesses and communities, including information that EPA said industry had not provided prior to the proposals.
Based on this input, EPA made extensive revisions to the standards, and in December 2010 asked a federal district court for additional time for review to ensure the public's input was fully addressed. The court granted EPA only 30 days, and the final rules were issued this past February 21.
On Monday of this week, EPA said it is "reconsidering the standards because the public did not have sufficient opportunity to comment on these changes, and, as a result, further public review and feedback is needed."
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