In its massive new industrial boiler rules (issued January 31,
2013), EPA singled out "manufacturers of motor vehicle parts
and accessories" as one of the most affected industry types.
On February 7, 2013, EPA issued a new rule that could significantly
affect facilities with boilers. This is the highly controversial
"non-hazardous secondary materials" (NHSM) rule. Boilers
that use fuels that the NHSM rule defines as a "solid
waste" will be subjected to rigid incinerator
("CISWI") standards under Clean Air Act (CAA) §129,
while boilers using fuels that escape the solid waste designation
are regulated under CAA §112 "NESHAP" or
"MACT" standards.
The great majority of industry parties consider the CAA
§112 NESHAP regime far preferable to the CAA §129 CISWI
regime. As the NHSM rule has evolved over the last few years,
industry advocates have urged EPA to craft the rule in a manner
that lets many fuels "out" of the NHSM solid waste
definition. Industry advocates have met
