EPA Releases Proposed Boiler MACT and Related Rules

May 8, 2010
Client Alert Newsletter May 2010

In response to the U.S. Court of Appeals for the D.C. Circuit's vacatur of the maximum achievable control technology for boilers (the "Boiler MACT") almost three years ago, the U.S. Environmental Protection Agency ("EPA") has proposed a revised version of the Boiler MACT and associated rules that will impact a broad segment of combustion sources. Specifically, on April 29, 2010, EPA took the following actions: (1) EPA proposed a rule that would govern the types of non-hazardous materials that are solid waste, and are therefore subject to the Commercial and Industrial Solid Waste Incineration Rules; (2) EPA proposed emission standards for area source commercial, institutional and industrial boilers; (3) EPA proposed the new Boiler MACT governing major source commercial, institutional and industrial boilers; and (4) EPA proposed new emission standards for commercial and industrial solid waste incineration units. These rules are long-awaited by state air permitting agencies and industry alike, and will be subject to comment for a forty-five day period after publication in the Federal Register.