^®: CRE Regulatory Action of the Week

EPA Settlement with Sierra Club Draws Criticism from SBA
In a Federal Register Notice issued on Monday, August 26, 2002, the EPA solicited public comment on a ruling involving an initial agreement that has been reached between the EPA and the Sierra Club concerning the final rule of a case under Section 112 of the Clean Air Act, which in part calls for the EPA to reduce the period between Part 1 and Part 2 applications from 24 months to 12 months for promulgating MACT standards. The Office of Advocacy of the SBA sent a letter to an EPA official opposing the settlement, arguing that reducing the time period between Part 1 and Part 2 applications would impose a heavy economic burden upon small businesses and small agencies, overburdening the latter with an anticipation of "completing 'case by case' MACT determinations". The Office of Advocacy goes on to state that "the action would force an estimated 80,000 facilities...many of which are small businesses, to complete the burdensome, needless, and counterproductive Part 2 applications", arguing that the complexity of completing Part 2 applications requires a level of expertise exceeding the capabilities of small businesses that are likely to be affected by the settlement.