EPA Readies Proposal Mandating MACT 'Hammer' After Air Rule Vacaturs

EPA has won White House approval to propose a key new regulatory backstop declaring that states must issue case-by-case maximum achievable control technology (MACT) limits at facilities in the event a federal court vacates an EPA sector-based MACT for limiting air toxics, a rule that could bolster EPA's stance on when the so-called MACT "hammer" applies. The pending rule, which cleared White House Office of Management & Budget (OMB) review without change Feb. 1, aims to avoid confusion on when...