Evolution of hazardous waste combustors MACT standards

Abstract

AbstractThis year, on July 24, the DC Circuit Court ruled that the EPA had not correctly derived emission standards, and vacated the MACT (Maximum Achievable Control Technology) rule for Hazardous Waste Combustors (HWC) [1, 2]. A major complaint, voiced by the Sierra Club, was that the MACT methodology was misapplied in a manner that produced overly lenient standards. Industry and trade associations argued just the opposite. The Sierra Club won the first round when the court agreed that the emission standards should be based on the average of the best‐performing 12% of units in each category.The next question was, “What will be the regulations until the final standards can be developed?” This caused considerable angst because, if no standards were in place by May 15, 2002, control would revert to case‐by‐case permits by Federal and State regulatory agencies as set forth in Section 112 of the Clean Air Act. Obviously, that would be the antithesis of the Congressional mandate and the objectives of environmental groups. The Sierra Club and most litigants did not want the uncertainties and inconsistencies this would introduce.