DC Circuit Vacates Boiler Rule

The Court of Appeals for the District of Columbia Circuit vacated part of EPA's 2022 rule establishing emission standards for industrial boilers. In granting the Petition for Review filed by industry groups, the DC Circuit agreed that the boiler rule was inconsistent with the Clean Air Act (CAA).

Stricter Standards for New Sources

The 2022 rule established standards for "new" boilers that are stricter than for "existing" boilers. When EPA issues emission standards for new sources, the CAA says sources are "new" if construction started after EPA "first proposed" the standard.

CAA Unclear on Proposal Date

The 2022 rule defined as "new" those boilers constructed after June 4, 2010; EPA "first proposed" emission standards for this category in 2010 and EPA asserted this proposal determined the date of a "new source." The Petition argued that each consecutive standard sets a new "proposed" date; EPA proposed the standards in the 2022 rule in 2020.