On April 29, 2011, the NAM joined with 10 other associations asking a federal court to review EPA's new regulations on commercial and industrial solid waste incineration (CISWI) units. The rules have the potential to impose additional costs on key industrial sectors. We filed formal petitions in federal court challenging the rules to ensure that, if EPA fails to reconsider its actions, an appeals court panel will have a chance to consider whether EPA acted within the law.
On the same day, we filed a suit challenging EPA's rules establishing stricter emissions limits on industrial, commercial and institutional boilers. For details, see U.S. Sugar Corp. v. EPA (D.C. Cir.).
On May 16, 2011, EPA announced that it was reconsidering and delaying the effective dates for the Boiler MACT and CISWI rules "until the proceedings for judicial review of these rules are completed or the EPA completes its reconsideration of the rules, whichever is earlier." A new effective date will be published "once delay is no longer necessary." EPA published a new proposed rule on Dec. 23, 2011, and intended to take final action on it in the spring of 2012. However, it is still reviewing data and information submitted in response to the proposed reconsideration rule.
EPA asked that this case be held in abeyance pending completion of its completion of work on the new regulations and consideration of various administrative petitions. It recognized that industry would need to make compliance investments soon that may not be reversible if the standards are later revised. The court has agreed to holding the case in abeyance, and is receiving periodic reports on the status of the new regulatory effort.