"Appeals Court Reinstates EPA's Boiler Clean Air Rule"

"WASHINGTON, DC -- The DC Circuit Court of Appeals has rejected the U.S. Environmental Protection Agency's administrative stay on a rule that sets air toxics standards for boilers and commercial solid waste incinerators."

"In March 2011, the EPA published maximum achievable control technology, MACT, standards for emissions of mercury and air toxics standards for boilers. The final rule was issued on May 18, 2011. But almost immediately, the agency issued a notice of delay and began to reconsider the rule after affected industries complained that the standards were too onerous and would hurt their competitiveness.

The Sierra Club in July petitioned the appellate court for review of EPA's delay notice.

Judge Paul Friedman ruled Monday that the EPA's "delay notice" on the rules was "arbitrary and capricious," and vacated the delay.

The ruling reinstates the industry's obligation to comply with the so-called Boiler MACT rules. "

Environment News Service had the story January 10, 2012.

Source: ENS, 01/11/2012