A Federal judge has vacated the Environmental Protection Agency’s (EPA) stay of the Boiler MACT rules that had been in effect since May 2011.
Judge Paul Freidman declared the EPA’s delay notice unlawful in his ruling in a case brought against the EPA by the Sierra Club. He concluded that EPA had authority to issue the delay notice, but declared the justification for the notice “arbitrary and capricious” for several reasons.
“Judge Friedman’s decision to invalidate EPA’s stay of the Boiler MACT and Incinerator rules jeopardizes jobs at a time when the economy can least afford it,” said Donna Harman, president and CEO of the American Forest & Paper Association (AF&PA).
The EPA is in the process of issuing new rules, which the court decision will not impact. The proposed revisions were announced last month and are available for public comment.
“Until the final revisions to the boiler and incinerator rules are in place, the EPA will continue to examine the court’s decision and work with permitting authorities and industry to address any issues that might arise,” an agency statement said. “It is the EPA’s current intention to work toward a final rule that gives entities the full three years to comply as required by the Clean Air Act with a possibility of having industry request an additional year from the States.”
A legislative stay has been proposed in the EPA Regulatory Relief Act. It was passed by the House of Representatives last month but is still under consideration in the Senate.
“This ruling reinforces the urgent need for prompt congressional passage of the EPA Regulatory Relief Act,” said Donna. “The legislation will provide the EPA with the time it needs to fully analyze and prepare a new rule.”
