Boiler MACT rule delay denied in Senate vote

The U.S. Senate March 8 voted 52-46 for the EPA Regulatory Relief Act, also known as the Collins Amendment to the Highway Bill of 2012. In order for the bill to pass, 60 votes were required under a previous agreement between senators.

The vote means that current rulemaking on the ICI-Boiler Most Available Control Technology (ICI-Boiler MACT) can continue without Congressional delay. A finalized Boiler MACT rule is expected to be issued within 90 days.

EPA said it planned to present a less costly Boiler MACT rule to the boiler industry by spring of 2012. The rule was initially issued in March 2011 and stopped through a stay provision issued by the EPA in May 2011. EPA is issuing no-action assurance letters to those affected by the MACT rules.

Randy Rawson, president and CEO of the American Boiler Manufacturers Association, said while he has been a longtime supporter of letting the rulemaking continue, he believes the issue is not over.

“It is likely to reappear in some form or another any time before the rules are finalized by US EPA; those opposed to the rulemaking will be energized by the closeness of the vote,” Rawson said.

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