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Jan 25, 2016

Air Toxics Rule Remains in Force While EPA Completes Cost Consideration

In a significant victory to EPA, environmental groups and clean energy companies, the D.C. Circuit Court of Appeals on December 15 remanded EPA’s Maximum Achievable Control Technology (MACT) rule for air toxics to the agency without vacating it.  The remand keeps the rule in force while EPA finishes the cost analysis mandated by the U.S. Supreme Court in Michigan v. EPA (No. 14-46, June 29, 2015).  Although the D.C. Circuit’s remand order noted that EPA is “on track” to complete its cost analysis by April 15, 2016, the order did not set a deadline for completion.  As a result of… Read more


Jan 14, 2013

Chemical Industry Disappointed by EPA Final Revised Air Toxics Rule for Area Sources

  On December 14, 2012, EPA issued its final revised air toxics rule for “area” source chemical manufacturing facilities, after OMB completed its review the same day.  The final rule revises a national emission standard for hazardous air pollutants (NESHAP) rule that dates back to a Bush Administration proposal in 2008, that was modified by the Obama Administration when the rule was initially issued in 2009.  In the 2009 rule, the Obama EPA chose not to exempt from Title V permitting requirements “major sources that became synthetic area sources by installing air pollution controls after 1990.”  The Bush EPA had proposed… Read more