U.S. EPA Issues No Action Assurance Letter for Area Source Boiler Initial Tune-Up Deadline

On Tuesday, March 13, 2012, U.S. EPA issued a No Action Assurance (NAA) Letter for the March 21, 2012 initial tune-up work practice standard deadlines codified in 40 CFR Part 63, Subpart JJJJJJ – National Emission Standard for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources (Area Source Boiler MACT).  According to the NAA letter, U.S. EPA will not pursue enforcement actions for violations of the March 21, 2012 initial tune-up deadline.  U.S EPA stated that there was sufficient concern related to the testing necessary to comply with the tune-up requirements in older boilers to prompt the NAA.  Additionally, U.S. EPA cited the confusion and uncertainty related to the recently proposed reconsideration of the Area Source Boiler MACT as further justification for issuing the NAA letter.  On December 23, 2011, U.S. EPA published a proposed reconsideration of the Area Source Boiler MACT that would extend the initial tune-up requirement to March 21, 2013, providing facilities an additional year to achieve compliance.  U.S. EPA has not yet finalized the proposed reconsideration of the Area Source Boiler MACT.  The NAA letter will remain in effect until October 1, 2012 or until the proposed reconsideration is published final, whichever occurs first.