Industry is Pushing EPA to 'Sub-Categorize' MACT Standards for Boilers

Date: February 4, 2011

Source: News Room

EPA is facing numerous challenges to its proposed emissions rules for boilers including pressure to "sub-categorize" its final rule to allow different standards for certain categories of facilities including cement plants, boilers, and coal-fired power plants. As recently as Jan. 28, a number of oil industry groups including the American Petroleum Institute (API), and the National Petrochemical and Refiners Association (NPRA), met with the White House Office of Management & Budget (OMB) and EPA to urge its inclusion. Oregon cement manufacturers and Oregon officials, meanwhile, are suing EPA to include sub-categorization in a recent final air toxics rule for the sector, after the agency issued a rule that did not include the approach. Industry favors sub-categorization for air toxics rules, saying it helps to account for differences between facilities and the fact that a highly expensive pollution control that is necessary for one facility might not be valid for another, lower-emitting facility that could install a cheaper technology to cut its emissions. EPA had asked a federal appeals court to give it until April 2012 to issue the rule, claiming the extra time was necessary to address industry concerns that the proposal would not be achievable and would be too costly. But the court in a Jan. 20 order rejected that request and set the Feb. 21 deadline for issuing the rule. EPA sent the rule for White House review Jan. 20, though the agency has said it intends to immediately pursue a formal reconsideration of the MACT standard after releasing it later this month.

See also: "EPA Sends Boiler MACT to White House, In Wake of Court Deadline," (

See also: "EPA Given Only One Month to Issue Boiler MACT Rules," (

See also: "EPA Asks Court for More Time on Boiler and Incinerator Rules," (

See also: "Commerce Department Predicts Huge Job Losses from EPA Boiler Rule," (

See also: "Industry Still Critical of EPA Boiler Rule despite Concessions," (

See also: "EPA Likely to Offer Concessions on Final Air Toxics Rule for Boilers," (

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