EPA Offers Broad Defense Of Boiler MACT Air Toxic Regulation's Legality

摘要

EPA is offering a broad defense of the legality of all provisions in its maximum achievable control technology (MACT) air toxics rule for large "major" source boilers, rejecting industry attacks on a mandate to conduct boiler energy audits and other alleged flawed requirements while also fighting advocates' claims that the rule is too weak. In a Nov. 10 brief filed by the Department of Justice (DOJ) on EPA's behalf in an appellate court suit over the rule, the government reiterates its belief that the major source MACT is neither arbitrary nor capricious - the Clean Air Act standard for challenging a rule as unlawful. The litigation over the major source rule is proceeding alongside a separate suit over a MACT for smaller "area" source boilers, and a third emissions rule covering commercial and industrial solid waste incinerators. The brief is available on InsideEPA.com. Seepage 2 for details.