EPA’s Boiler Rules Halted, Not Materials Rule

The EPA has decided to indefinitely delay the effective date of its controversial new air toxics rules for industrial boilers and incinerators. Sen. James Inhofe (R-OK) and Sen. Olympia Snowe (R-ME) applauded the move, saying delaying the rules should allow time for the agency to revise the requirements to address industry concerns.

The EPA announced it was using its authority under the Administrative Procedure Act (APA) to delay, or “stay,” its MACT standard for boilers and new source performance standard (NSPS) for commercial and industrial solid waste incineration (CISWI) units. The move came in response to industry petitions seeking an immediate and indefinite delay of the rule. Environmental groups including EarthJustice and Sierra Club criticized what they see as an illegal decision and could be readying a lawsuit. The stay will be in place until either the EPA completes its reconsideration of the rules or pending litigation over the rules is resolved.

The CMRA has been active in trying to get a third part of these boilers, the Non-Hazardous Secondary Materials Rule, stayed, but the agency has refused to do that, not wanting to revisit and redo all of the work it put into developing the rule. This is the rule that most severely affects C&D recyclers.

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