INTO THE VOID...U.S. EPA's recent boiler MACT and CISWI information collection request
Background - The United States Court of Appeals for the District of Columbia Circuit (court) has been quite busy in the last few years hearing environmental cases, particularly air quality related topics. On June 8, 2007, the court vacated and remanded two (2) U.S. EPA rules promulgated under the Clean Air Act (CAA)-The Commercial and Industrial Solid Waste Incineration (CISWI) definitions rule ('CISWI Definitions Rule'), issued under CAA Section 129, and the Industrial Boilers Maximum Achievable Control Technology (MACT) standards rule (Boiler MACT), issued under CAA Section 112. In response to the court's decision, U.S. EPA is preparing to establish new MACT standards under CAA Section 112 for boilers and Section 129 for CISWI units and recently sent Information Collection Request (ICR) letters, pursuant to authority granted to them by Section 114 of the CAA, to a number of sources that operate boilers and potential CISWI units requiring that the sources perform emissions testing and fuel sampling. The results of all stack tests, fuel analyses and monitoring data required by the ICR must be submitted to the U.S. EPA by October 15, 2009. The U.S. EPA intends to use the data gathered in response to the ICR letters to establish new Boiler and CISWI MACT emission standards and to select the appropriate surrogates for demonstrating compliance in response to the court's vacatur of the rules.