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On Friday, EPA
announced that it was reconsidering part of the Utility MACT
rule. As part of the reconsideration, EPA will stay the
effectiveness of the new source emission standards in the rule for
three months.
EPA stated that:
We anticipate that he focus of the reconsideration rulemaking
will be a review of issues that are largely technical in
nature. Our expectation is that under the reconsideration rule
new sources will be required to install the latest and most
effective pollution controls and will be able to monitor compliance
with the new standards with proven monitoring methods.
We intend to expedite this reconsideration rulemaking and
complete the rulemaking by March of 2013.
So, the burning (as it were) question in DC is how broad the
reconsideration will prove. Will it affect rules for existing
sources? Will it truly be technical in nature? Is it all
just intended to push this issue past the November
elections?
I'm guessing that the reconsideration will not have a
significant impact on the scope of the rule, but that it will
address issues necessary, in EPA's mind, to bulletproof the
rule against judicial review. It does happen to be mighty
convenient that proceedings on the rule will be deferred until
after November.
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