EPA Broadly Defends Discretion In Setting 'Area' Source Boiler MACT Rule

EPA is broadly defending its Clean Air Act discretion in how it set its maximum achievable control technology (MACT) air toxics rule for “area” source boilers, fighting suits filed by environmentalists and industry that fault various provisions including an energy efficiency review mandate and the stringency of some emissions limits. The agency's defense of the rule is detailed in a Nov. 24 brief filed by the Department of Justice (DOJ) on EPA's behalf in American Chemistry Council (ACC), et al....