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Supreme Court Will Not Review Challenge to EPA Boiler MACT Malfunctions Rule

The U.S. Supreme Court this week declined to review a case involving EPA’s policies around how to regulate malfunctions under the Clean Air Act.  In the case, American Municipal Power (AMP) challenged EPA's provisions regulating maximum achievable control technology (MACT) emissions limits in cases of malfunctions for large “major source” industrial boilers.  With the Court’s decision not to hear the case, the Obama administration policy still holds that emissions limits apply even in cases of malfunction under the boiler toxics rule, even though AMP argued that compliance in these situations would be impossible. 

There is one remaining case that challenges EPA policy regarding start-up, shut down, malfunction (SSM) regulation under the Clean Air Act.  In the case Environmental Committee of the Florida Electric Power Coordinating Group, Inc., et al., v. EPA, et al., an industry coalition is challenging EPA's State Implementation Plan (SIP) Call rule requiring 36 states to remove SSM exemptions from their SIPs.  This case is being held in abeyance while EPA decides whether to reconsider the SIP Call rule.  More Info: Jackson Morrill  

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