On Monday, May 16, the Environmental Protection Agency (EPA) announced it was postponing indefinitely the effective date of two recently published final rules: National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (major source Boiler MACT) and Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units (CISWI).  The stays were prompted by strong pushback from industry, including a Boiler MACT coalition to which PFI belongs, that it was counter productive for industry to come into compliance for rules that were subject to change.  EPA indicated that they would not be granting a stay for smaller, “area source” boilers.

The stays allow EPA to hold another round of comments from the public and to adequately review complaints from industries that use boilers to power and heat their operations.  Under the most recent final rule, industry compliance would have been required in March 2014.  It is unclear when the agency intends to begin the rulemaking process anew.

“The stay will allow the agency to seek additional public comment before requiring thousands of facilities across multiple, diverse industries to make investments that may not be reversible if the standards are revised following reconsideration and a full evaluation of all relevant data,” EPA said in its statement.