EPA seeks extension for boiler, incinerator rule

Dec. 8, 2010
The American Petroleum Institute supports the US Environmental Protection Agency’s request for an extension in a court-ordered schedule for issuing rules to reduce air emissions from boilers and solid-waste incinerators used by various industries, including petrochemical plants.

Paula Dittrick
OGJ Senior Staff Writer

HOUSTON, Dec. 8 -- The American Petroleum Institute supports the US Environmental Protection Agency’s request for an extension in a court-ordered schedule for issuing rules to reduce air emissions from boilers and solid-waste incinerators used by various industries, including petrochemical plants.

EPA officials sought more time to develop and finalize the rule following an extensive public comment period on proposed standards released in April. The US District Court for the District of Columbia told EPA to issue final rules on Jan. 16, 2011, but the agency asked the court to extend the deadline to April 2012.

Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation, said EPA requested more time to ensure the rules are practical to implement and protect Americans from pollutants such as mercury and soot.

After reviewing more than 4,800 comments on the proposed standards, EPA said it wants to issue a revised proposal and then receive additional public comment.

“This approach is essential to meeting the agency’s legal obligations under the Clean Air Act,” EPA said in a Dec. 7 news release.

API, ACC encouraged
Howard Feldman, API director of regulatory and scientific affairs, praised EPA’s decision to delay its final rules for boilers and incinerators.

“API welcomes EPA’s request for more time to reconsider its proposed rules for boilers and incinerators. They appear to have recognized that their current proposal was unworkable and would have harmed American businesses and cost jobs,” Feldman said.

“Consistent with our previous comments, we believe the reproposed and final rule should reflect that work practices are the only appropriate controls for all gas-fired units,” he said.

Cal Dooley, American Chemistry Council president and chief executive officer, said he is encouraged the EPA wants more time.

“Industry has provided additional data, which EPA can use to develop a realistic methodology based on real-world facilities, emissions, and impacts,” Dooley said. “We hope the court grants EPA’s request for more time to work on these complex regulations.”

EPA said the public comments it received “shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler types.”

Contact Paula Dittrick at [email protected].