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PA Chamber members applaud introduction of bipartisan EPA regulatory reform bill

Measure would give federal agency time to revise Boiler MACT rules

The PA Chamber welcomes introduction of a bipartisan federal regulatory reform bill that would give the Environmental Protection Agency more time to revise costly, burdensome rules for industrial, commercial and institutional boilers (Boiler MACT) that threaten jobs and economic recovery.

The proposed EPA Regulatory Reform Act of 2011 would give EPA the 15 months it requested to re-propose and finalize new Maximum Achievable Control Technology regulations on many fossil fuel and biomass-fired boilers.

EPA requested the extension in December 2010 after receiving an onslaught of negative feedback about its unrealistic, unachievable rules. However, that request was rejected by the courts.

In official comments submitted to EPA last year, the PA Chamber expressed concern over the proposed rules, which would have a devastating economic impact on many industries that have already been hit hard during the recession.

All non-exempt industrial, commercial and institutional boilers, new or existing, that are used to produce steam, hot water or electricity, would be subject to either the major source MACT rule, the area source MACT rule, or possibly even the more stringent rule for solid waste incinerators. The proposed rule would require installation of air pollution control devices that will conflict with other existing control requirements. Due to the methodology EPA used, the Boiler MACT emission limits would be extremely burdensome, often approaching undetectable levels.

PA Chamber members questioned whether the requirements, which would cost industry billions, would result in any measurable environmental benefit.

In September 2010, the PA Chamber urged state lawmakers to support a resolution (H.R. 879) memorializing EPA to revise its proposed rules to incorporate sustainable approaches that protect the environment and public health while fostering economic recovery and jobs within the bounds of the law. The state House unanimously adopted the resolution.

PA Chamber members applaud federal lawmakers who are supporting the EPA Regulatory Reform Act for taking steps to prevent implementation of the existing Boiler MACT rules. The Chamber specifically thanks Pennsylvania U.S. Sen. Pat Toomey for cosponsoring the legislation, which would direct EPA to ensure that the new rules are achievable by real-world boilers, process heaters and incinerators, and impose the least burdensome regulatory alternatives consistent with President Obama's executive order.
The bill would also extend compliance deadlines from three years to five years, which would give impacted industries time to comply while also spreading out the cost of compliance.
Additionally, the measure would clarify that renewable and carbon-neutral materials remain classified as fuel and not solid waste. This would ensure that no materials are unnecessarily disposed of in a landfill and that the energy content of many byproducts is not wasted.

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The Pennsylvania Chamber of Business and Industry is the state’s largest broad-based business association, with thousands of statewide members representing businesses of all sizes and all industry sectors. The PA Chamber is The Statewide Voice of Business™. More information is available on the Chamber’s website at www.pachamber.org.

   
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