Dear Administrator Jackson:
We are writing with regard to the January 20, 2011, decision by the U.S.
District Court for the District of Columbia that denied the Environmental
Protection Agency's (EPA) request for a 15-month extension to
promulgate Maximum Achievable Control Technology standards to
control the emissions from commercial and industrial boilers (Boiler
MACT). We remain concerned about the vulnerability of small and large
businesses-as well as municipalities, universities and federal facilities-to excessive and expensive regulatory burdens. It is critical that the final rule include standards achievable by boilers in real-world operating
conditions. The rule should protect public health while fostering
economic recovery and sustaining jobs.
While we were encouraged by EPA's statement last month that the
"standards will be significantly different than what we [EPA] proposed in
April 2010," given that the court granted the agency a mere 30 days to
finalize the rule, we have serious concerns about whether or not EPA
will have sufficient time to complete the necessary improvements to the
We stand ready to assist you in finding a reasonable solution, one that
allows EPA to craft new rules that are achievable and protective of
public health without sacrificing economic recovery and manufacturing
jobs. In order to help us find the appropriate solution in a timely
manner, we would appreciate your prompt response.
Susan Collins, R-Maine
Lamar Alexander, R-Tenn.
James Inhofe, R-Okla.
Ben Nelson, D-Neb.
Robert Portman, R-Ohio
Mark Warner, D-Va.