Boiler MACT Win After 30 Years of Work

The D.C. Circuit Court released its decision on the Boiler Maximum Achievable Control Technology (MACT) in U.S. Sugar Corporation v.Environmental Protection Agency (EPA). The decision proved to be a win for our industry, as it directed the EPA to rely on existing emissions data for setting the 2022 remanded limits and ruled that the EPA misinterpreted the definition of a “new source” in the Clean Air Act. This decision defines “new” based on the original proposed Boiler MACT date of 2010 rather than 2020, preventing the EPA from requiring more expensive retrofits. The Court’s decision is the culmination of over 30 years of the industry and AWC’s work on Boiler MACT.

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