Boiler MACT Still Aloft

On January 13, 2012, we authored an Alert titled "Status of Boiler MACT Up in the Air." Link here. Well, it has almost been a year, and the status of Boiler MACT is still up in the air.

Our previous Alert described the status of the boiler regulations and the amendments proposed by EPA on December 21, 2011. At the time, EPA had indicated its intent to issue amendments to the Boiler MACT (major sources), Boiler GACT (minor sources), and CISWI (incinerators) rules in June 2012. A key component of EPA's December 2011 proposed amendments was a proposal to reset the 3 year compliance schedule to begin upon promulgation of the amendments to the Boiler MACT and CISWI rules.

In late Spring 2012, EPA announced its intention to delay promulgation of the amendments to the boiler regulations until mid-July. That didn't happen. In an October 29, 2012 status report to the U.S. Court of Appeals – D.C. Circuit, the EPA stated that the agency is "still in the process of analyzing the data and information" submitted in response to its December 2011 proposed amendments. EPA's status report did not indicate when it would finalize the amendments to the regulations. So, Boiler MACT is still in flight with no E.T.A.

On July 20, 2012, we authored an Alert "EPA Issues No Action Assurance Regarding Area Source Boiler Rule." Link here. In that Alert, we described EPA's announcement that it had extended...

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