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EPA Signs Rule Delaying the Effective Date of Recent Hazardous Air Pollutant Emission Standards

On May 16, 2011, Environmental Protection Agency (EPA) Administrator Lisa Jackson signed a final rule delaying the effective date of the major source national emission standards for hazardous air pollutants from new and existing industrial, commercial, and institutional boilers as published on March 21, 2011.

 The same rule also delays the effective date of the amendments to the new source performance standards and emission guidelines for commercial and industrial solid waste incineration units published March 21, 2011. The rules were scheduled become effective on May 20, 2011.

EPA had previously announced its intent to reconsider the standards when they were published but did not delay their effective date. Several formal petitions for reconsideration, requests for a stay, as well as multiple lawsuits challenging the standards followed. In the rule signed May 16, EPA requested additional public input on the standards and announced that the effective date of both standards would be delayed indefinitely until the currently pending proceedings for judicial review are completed or until EPA completes its reconsideration of the rules, whichever is earlier. As of the date of this E-Alert, the May 16 rule has not yet been published in the Federal Register.

If you have questions regarding this E-alert, please contact any member of Greenebaum’s Environment, Energy and Natural Resources Practice Group

Even though the content of the above Greenebaum Doll & McDonald e-bulletin is primarily informative, state and federal law obligates us to inform you that THIS IS AN ADVERTISEMENT. You have received this advisory because you are a client or friend of the firm.

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Greenebaum Doll & McDonald PLLC is a widely-respected business law firm with approximately 150 professionals in five offices, serving local, national and international clients in virtually every industry.

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