As many of you know the EPA proposed a set of regulatory proposals under the Clean Air Act that seeks to regulate emissions from boilers, process heaters, and certain solid waste incinerators. EPA’s proposed Maximum Achievable Control Technology (MACT) rules, including the so-called Boiler MACT and CISWI MACT were published in the Federal Register on June 4, 2010 with a final rule scheduled for January 16, 2011. I want to provide you an update on Senator Warner’s engagement on this issue.

• Senator Warner has written two letters to the EPA expressing his concerns that the pending boiler MACT regulations could impose huge burdens on U.S. manufacturers leading to the loss of potentially thousands of high-paying jobs this sector provides.
• The standards would also set unreasonably high obstacles to the development of many projects including biomass. As drafted, the rule would potentially discourage use of wood waste, wood pulp and hurt many industries in the wood and paper business. 
• Senator Warner believes that the EPA should instead set emissions standards that are based on what real world best performing units can actually achieve. Unfortunately, the current rule does not reflect practical capabilities or technologies that are commercially available today.
• Most importantly, throughout this process we have consistently been pushing EPA to take into consideration other views and research including that of industry, and to pursue a more practical and balanced approach to the boiler MACT rule. Consideration should also be given to flexible approaches that appropriately address the diversity of boilers, operations, sectors, and fuels that could prevent severe job losses and billions of dollars in unnecessary regulatory costs.
• On Monday we met with officials from the White House and EPA to voice our concerns and press them to 1) delay the rule until these issues are resolved and 2) to allow industry to provide their views on how best to pursue a new boiler standard that would achieve some sensible emissions reductions while allowing businesses the certainty to make investment decisions.

Best,
Mark Brunner
National Security Adviser 
Office of Senator Mark R. Warner