Key EPA Air Pollution Rule Runs Past 120 Day Deadline at White House

Ben Somberg

Sept. 15, 2012

The Administration has just missed another deadline on issuing the final revised “boiler MACT” rule. The revised version of the rule will provide less pollution reduction than the original version, but is still expected to prevent thousands of deaths each year.

The EPA had pledged for many months that the rule would be finalized in April. It later said the rule would be finalized in the “spring.” On May 17, the agency sent the rule to the White House’s Office of Information and Regulatory Affairs (OIRA).

Executive Order 12,866 says OIRA has 90 days to review a rule, with a possible 30 day extension. OIRA’s website doesn’t list the two related Boiler MACT rules as having an “extended” review, but I’ll give them the benefit of the doubt. Friday, however, was 120 days after May 17, and the rules remain in OIRA’s grasp.

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