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AF&PA Coalition Seeks Delay in Boiler MACT and Waste Incineration Rules

Washington, DC, USA, 27 April 2011 -- An American Forest & Paper Association-led coalition is asking the U.S. Environmental Protection Agency (EPA) to stay the Boiler MACT and Commercial Industrial Solid Waste Incinerator (CISWI) rules.

“Today, we are collectively filing a petition with the EPA to stay the Boiler MACT and CISWI rules while issues with the rules are addressed," said Donna Harman, AF&PA president and CEO. "Without a stay, the rules published in the Federal Register on March 21 are set to become effective next month. EPA already has announced it plans to reconsider major parts of the rules. While it is apparent that extensive changes are still needed to the rules, businesses cannot plan effectively in the face of this uncertainty.

“The Boiler MACT and CISWI rules are interrelated, and businesses need adequate lead-time to prepare once the rules are indeed finalized. A stay is a necessary first step to ensure that resources are spent where they will ultimately be needed to make the greatest difference and that companies will not lose compliance time during the continuing rulemaking.

“Within our request are detailed accounts from forest product companies showing the serious harm that would occur should any part of the three-year implementation period be taken up by EPA’s reconsideration. Not only could hundreds of millions of dollars be wasted designing a compliance plan for a rule that become obsolete, but precious compliance time could also be lost if the rule is not stayed.

“EPA has the authority to stay these rules, and we are asking it to exercise that authority. Our current capital cost estimate for the forest products industry exceeds USD 4 billion, and as our technical experts delve deeper, their concerns about achievability and cost are growing. We anticipate that the capital cost for all industrial sectors from Boiler MACT alone to be over USD 14 billion, plus billions more in annual operating costs.

 “We will continue to work with the Administration toward a more affordable and achievable set of Boiler MACT and CISWI rules.”

Along with AF&PA, the coalition includes the National Association of Manufacturers, American Chemistry Council, American Coke and Coal Chemicals Institute, American Home Furnishings Alliance, American Iron and Steel Institute, American Municipal Power, Inc., American Petroleum Institute, American Wood Council, Biomass Power Association, Chamber of Commerce of the United States of America, Corn Refiners Association, Council of Industrial Boiler Owners, Florida Sugar Industry (joined by sugarcane processors in Texas and Hawaii), National Oilseed Processors Association, Rubber Manufacturers Association, Society of Chemical Manufacturers and Affiliates, Treated Wood Council, and their members.



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