EPA's New Final Boiler MACT, CISWI, and Solid Waste Rules – Highlights and First Reactions

EPA will publish on the same date a final rule defining “non-hazardous solid waste” under the Resource Conservation and Recovery Act (RCRA). The RCRA rule will determine which sources will be regulated under CAA 112 MACT standards, and which will be regulated under CAA 129 CISWI standards.

The four proposed rules (appearing in the June 4, 2010 Federal Register) produced a firestorm of criticism and controversy from industry groups and state agencies, and intense counter-reactions from environmental groups. Industry groups have asserted that the proposed standards would be so costly that many facilities would be forced to shut down with accompanying job losses. Environmental groups assert that the tough new standards are necessary to reduce emissions of mercury, lead, and other hazardous pollutants.

Republican leaders in the new Congress have focused heavily on these four rules in their recent campaign to curtail alleged regulatory excesses from EPA and other agencies. EPA Administrator Lisa Jackson, reacting to such criticisms, has announced that the approaches taken in the upcoming final rules will be significantly different from the June 2010 proposed rules.

Please join us on February 24, 2011, when seasoned CAA and RCRA practitioners Richard G. Stoll, Mark A. Thimke, and Brian H. Potts from Foley’s Environmental Regulation Practice will review highlights of the new rules and present initial reactions from the regulated industry’s viewpoint.

About the Environmental Law Update Web Conference Series
Foley’s Environmental Law Update Web Conference Series provides participants with needed information in the most efficient manner possible – only a telephone line and Internet access are required to participate. Environmental leaders can stay up-to-date with timely information from anywhere in the nation.

There is no cost to participate in this program, but pre-registration is required. To participate, please use the registration link above. Instructions for accessing the program will be included in the registration confirmation e-mail.

Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California in the amount of one General credit. Foley & Lardner LLP is a State Bar of California MCLE approved provider. Participants must log in to both the teleconference and LiveMeeting portions on the date of the event to be eligible for CLE; credit may not be obtained by viewing and/or listening to a program recording after the event.

We look forward to having you join us. For more information on registration, Web conference log-in assistance, or to obtain CLE credit, please contact Jennifer Bartz at [email protected].