Key senators signal willingness to take action on EPA boiler rules in Congress

A bipartisan group of senators signaled Friday that they are willing to take action in Congress to give the Environmental Protection Agency (EPA) more wiggle room on its air pollution regulations for industrial boilers amid concerns that the agency is running up against a tight deadline for issuing the rules.

Having said they will make significant changes to a draft version of the rule, the EPA asked for a lengthy extension of the deadline to issue final boiler regulations. But a court ordered the agency to issue the regulations by Monday.

In a letter Friday to EPA Administrator Lisa Jackson, the senators expressed concern that the agency has not had enough time to adequately re-evaluate the regulations.

“[G]iven that the court granted the agency a mere 30 days to finalize the rule, we are seriously concerned about whether EPA has sufficient time to complete the necessary improvements to the rule,” the senators said. 

The senators offered to take action in Congress to give the agency more leeway in crafting the rules.

“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,” the senators said in the letter.

Matt Dempsey, spokesman for Sen. James Inhofe (R-Okla.), told The Hill on Friday that the senators would not be able to take action until after next week’s recess, so the agency will still have to issue its final regulations on Monday.

But he said the letter shows that lawmakers “appreciate that the EPA is in a difficult spot” and are willing to help. Dempsey said lawmakers could craft legislation to change the timeline of the rule's implementation or make changes to the regulations.

So far, Jackson has stressed that she does not need lawmakers’ help. Asked by House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) earlier this month if she would like Congress to work to push back the deadline for issuing the final regulations, Jackson said there was no need.

Industry groups and many lawmakers railed against draft boiler regulations issued by the EPA in April, arguing they were unrealistic. Amid the widespread industry opposition to the rules, the agency promised to issue “significantly different” final regulations.

The letter was signed by Sens. Lamar Alexander (R-Tenn.), Susan Collins (R-Maine), Inhofe, Mark Warner (D-Va.), Ben Nelson (D-Neb.) and Rob Portman (R-Ohio).