In Rare Sign of Regulatory Restraint, EPA Delays Boiler Rules

By May 16, 2011Energy, Regulations

The Environmental Protection Agency has announced a delay in news standards for industrial boilers, a sign the agency recognizes its earlier regulatory proposal would have hammered manufacturers, the economy, and employers’ ability to create jobs.

From the EPA’s update page, a fact sheet.

  • The agency is reconsidering the standards because the public did not have sufficient opportunity to comment on these changes, and, as a result, further public review and feedback is required to meet the legal obligations under the Clean Air Act.
  • EPA is also issuing a stay to delay the effective date of the standards for major source boilers and commercial and industrial solid waste incinerators. 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.
  • The stay will remain in place until the proceedings for judicial review of these rules are completed or EPA completes its reconsideration of the standards, whichever is earlier.

In its story, “EPA to Postpone Boiler Rules Amid Industry Group Complaints,” Bloomberg cites an e-mail from the National Association of Manufacturers: “This will alleviate job creators from burdensome and costly regulations while the EPA goes through the reconsideration process…[and] removes a level of uncertainty found among manufactures that has discouraged future investment and job growth.”

The NAM, American Forest and Paper Association and numerous other business groups filed a motion with the EPA  for an administrative stay in April.

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