Boiler MACT

Court Ruling Pushes EPA Toward More Regulation

By | Energy, Manufacturers’ Center for Legal Action, Shopfloor Legal, Shopfloor Main | No Comments

Government agencies have a tremendous advantage when it comes to defending new regulations in court. Judges start with a legal presumption that not only gives the benefit of the doubt to the agency, but sets a very high bar for reversing rules that most people might not have issued. As long as an agency’s rules are authorized by statute and not clearly erroneous or otherwise an abuse of discretion, courts will accept them.

That’s what the D.C. Circuit did today when it largely upheld the Environmental Protection Agency’s (EPA) rules on boilers and incinerators. All of the challenges to the rules by the Manufacturers’ Center for Legal Action and other business organizations were rejected by the appellate court. The court upheld one EPA requirement that could not be met by any small, remote incinerator or heavy oil-fired boiler in use today. It similarly rejected industry complaints about new energy assessment and recordkeeping requirements, as well as concerns about compliance with the rules when equipment malfunctions despite full compliance with regulations and due diligence by operators.

What is unusual is that the court agreed with several arguments made by environmental groups. It ordered the EPA to issue a regulation for cyclonic burn barrels and to decide whether certain other incinerators must be regulated under the Clean Air Act. The court also ordered the agency to provide further explanations about the decisions it made not to regulate emissions of a certain hazardous pollutant (non-dioxin/furan organic pollutant), about why certain exemptions should be allowed and about why it declined to regulate certain non-mercury emissions.

The bottom line is the court upheld all of the EPA’s regulations and ordered the agency to cover even more than it did, or at least give a full explanation of why it won’t.

Boiler MACT Regs go to OMB for Review

By | Energy | One Comment

Today several news outlets reported that the Environmental Protection Agency (EPA) has sent the final Boiler MACT regulations over to the Office of Management and Budget (OMB) for final review. It’s expected that OMB will finish the review in the next few weeks, and the EPA will issue the regulations in the next month or so.

The Boiler MACT regulation will only add to the already cumbersome regulatory burden facing manufacturers of all sizes. These regulations will hurt our ability to compete and stifle job creation. The Council for Industrial Boiler Owners estimates the regs will cost more than $14 billion to implement.

The NAM has been urging the EPA to extend the compliance time for implementation and we hope that EPA will make these changes in the final rule. Manufacturers plan years in advance and the changes that these Boiler MACT regulations call for will require significant time for implementation.

Senate Misses Opportunity to Lower Energy Prices and Create Jobs

By | Energy | One Comment

It’s extremely disappointing the Senate failed today to take a stand for jobs and manufacturers by voting down important amendments to the transportation bill that would delay the harmful Boiler MACT regulations, expand exploration of the Outer Continental Shelf and approve the Keystone XL pipeline project. Senators failed to pass these amendments which would have saved jobs, created jobs and injected the economy with new life. 

There were 52 votes in support of the Collins amendment. Lisa Jackson, the Administrator of the Environmental Protection Agency (EPA), has spent much of the past eight days up in the Senate meeting with Democratic Senators trying to convince them that there was really no need for the Senate to pass legislation. The standards the EPA has put forward are not achievable with our current technology, and the EPA knows this.

Manufacturers want reasonable and achievable regulations. They want some degree of certainty. They want government to quit trying to pick winners or favorites.

The Vitter amendment to expand drilling in the Outer Continental Shelf (OCS) was rejected on a 46-52 vote. Senators need to realize that every barrel of oil produced in North America is another barrel that we don’t have to pull from somewhere else in the world. The more sources of oil and the more supply of oil means energy will be more affordable for manufacturers and that means more jobs. The Vitter amendment would open up vast tracks of the OCS to oil exploration and make the country more self-reliant.  Read More

Manufacturers Urge the Senate to Stop Boiler MACT

By | Energy | One Comment

This week in Politico the NAM and the U.S. Chamber have sponsored a full page ad asking for Congress to act soon to address the Environmental Protection Agency’s Boiler MACT rules. Manufacturers are driving our economic recovery and the Boiler MACT rules will add to the already cumbersome burden of regulations they face on a daily basis.

Boiler MACT will cost more than $14 billion in costs to implement, costing more than 200,000 jobs according to the Council of Industrial Boiler Owners.

The NAM is urging Senators to support the EPA Regulatory Relief Act. The bill has already passed the House and we hope the Senate will act soon to address these damaging regulations. 

Boiler MACT Ad in Politico

The Domino Effect of EPA Regulations

By | Energy | 2 Comments

As the Environmental Protection Agency (EPA) continues to move forward with its overreaching agenda the impact is beginning to be felt across the country. This week we’ve seen new reports in the news of jobs that will be lost as the result of facilities that will be forced to close because of new EPA regulations. These closing’s just don’t impact those who work at the plant, they impact the entire town.

A report from Williamsport, Maryland Herald-Mail yesterday tells the story of the impact the closing of the R. Paul Smith Power station will have on the entire community.

Williamsport resident Johnna Artz didn’t mince words Thursday about her opposition to the closing of the R. Paul Smith Power Station in town.

“This affects everybody,” she said. “It hurts the whole community with the number of jobs and revenue lost.” The plant, which went on line in 1927 and employs around 40 people, is being closed as a result of tougher emission regulations imposed by theU.S. Environmental Protection Agency.

Artz, 71, who has lived in Williamsport for 48 years, said that the plant closing will impact her family. She said the federal government could focus on other environmental issues instead of those that take away jobs.

And on the banks of Lake Erie FirstEnergy Corp facing the same regulations will be shuttering plants which will impact hundreds of employees and have a domino effect through the local communities. Read More

EPA Delays Boiler MACT Regs Until May

By | Energy, Regulations | One Comment

Today EPA air chief Gina McCarthy said that the final Boiler MACT regulations won’t be issued until May. The Boiler MACT regulations have been creating a great amount of uncertainty for manufacturers and will cost jobs. EPA released the revised proposed rules on Dec. 2 and just last week a judge removed the EPA’s stay on the original rules finalized in early 2011.

The Council of Industrial Boiler Owners estimates that the revised rules will put 232,078 jobs at risk and cost more than $14.5 billion in compliance costs. Manufacturers simply cannot afford this regulation to be piled on top of the already cumbersome regulatory burden they face.

The NAM has been urging the Senate to move forward with legislation to address the Boiler MACT rules and finally create some certainty. Business owners are eager to invest to grow and create jobs but regulations like Boiler MACT continue to be a bump in the road on the way to economic growth and jobs.

As much as EPA would like people to think they can resolve all the issues with this regulation they simple do not have that ability. Legislation under consideration by the House and Senate would provide EPA with the tools to make these regulations achievable and provide manufacturers with the time they need to comply.

House Passes Payroll Tax Resolution Supporting Keystone XL and Halting Boiler MACT

By | Energy | No Comments

This afternoon the House voted 226-185 to pass H.Res. 501, which expressed the sense of the House regarding a final measure to extend the payroll tax holiday. The resolution included sections pertaining to the economic impact of the EPA’s Boiler MACT rules and the importance of the Keystone XL pipeline.

H.Res. 501 on Boiler MACT:

Whereas EPA’s new proposed rules for boilers would cost manufacturers, colleges and universities, municipalities, and small businesses $15 billion and put up to 240,000 jobs at risk;

Whereas significant concerns with EPA’s new proposed rules cannot be adequately addressed or remedied unless Congress passes legislation; and

Whereas the House of Representatives passed on October 13, 2011, by a vote of 275 to 142, with the support of 41 Democrats, legislation that would overturn EPA’s Boiler MACT rules and require the agency to re-propose new rules in 15 months after date of enactment, with achievable standards, and an extension of the compliance period. Read More

Revised EPA Boiler Rules Put Even More Jobs at Risk

By | Energy, General | No Comments

On December 2nd the EPA released the new proposed Boiler MACT rules and now the Council of Industrial Boiler Owners released the new updated report of the impact these harmful rules will have on jobs.

The updated report conducted by CIBO and IHS Global Insight estimates that the impact of the reconsidered Boiler MACT rules on ICI Boiler and Process Heater Owners and Operators will put 240,181 jobs at risk, 10,000 more than the previous rule, and cost more than $15 billion to comply. The states that will be impacted the hardest by these rules will be North Carolina and Indiana with more than 16,000 jobs at risk.

This is a regulation that manufacturers just can’t afford right now when they are continuing to recover and trying to create jobs. We will continue to work with EPA on the revision of the rules and push for legislation curb the impact of Boiler MACT.

Senate Approves Payroll Tax Measure With Keystone XL Provisions

By | Energy | No Comments

This morning the Senate voted 89-10 to extend the payroll tax holiday for two months. The bill also included provisions to require President Obama to approve the job-creating Keystone XL pipeline project.

Keystone XL will immediately begin to create jobs the NAM has been urging the State Department to approve the project as soon as possible. The project will create 118,000 jobs and get American’s back to work while providing a key source of energy for manufacturers.

The bill does not contain the provisions which would halt the current Boiler MACT rules the EPA has proposed. Manufacturers remain very concerned about the costly impact of these burdensome rules. The NAM will continue to urge the House and Senate to move forward with legislation to stop the Boiler MACT rules.


House Passes Measure to Halt EPA Regs, Speed Up Keystone XL Decision

By | Energy | No Comments

Early this evening the House passed H.R. 3630 by a vote of 234 to 193. The bill contains several provisions important to manufacturers.

The legislation will halt the EPA’s harmful Boiler MACT regulations in their current form. These burdensome regulations are causing uncessary uncertainty throughout the economy and impeding job growth.

Additionally, the bill moves the Keystone XL pipeline project closer to approval by requiring the Administration to approve the project within 60 days of enactment. The Keystone XL pipeline will create 118,000 much-needed jobs and get Americans back to work immediately.