In my prior post, I discussed the recent federal court ruling with found EPA’s self-imposed stay of the Boiler MACT illegal. Following the Court’s ruling, concern was immediately raised by industry that they would be subject to the original deadlines that appear in the 2011 rulemaking.
Yesterday, Administrator Jackson responded to a letter from Senator Ron Wyden regarding the EPA’s position in light of the Court’s ruling:
Regarding the impact of the recent court decision, we have carefully reviewed the effect that vacating the stay may have on new and existing sources and plan to address potential impacts. Specifically, using our enforcement discretion, the EPA will issue a no action assurance letter shortly, informing sources that EPA will not enforce any of the administrative notification requirements for new or existing boilers and incinerators in the 2011 Rules for a period of time while the EPA works to take final action on the proposal to reset these dates. For existing boilers and incinerators, these administrative notification requirements are the only obligations sources would otherwise have under the 2011 Rules prior to when the EPA intends to finalize the reconsideration process.
EPA also intends to reset the compliance clock once the final rule is issued:
Finally, the EPA recognizes that industry needs sufficient time to comply with these standards. As a result, the reconsideration proposal included a provision that would set new, later deadlines for meeting the standards set forth in the reconsideration proposal. While this is subject to the public comment
process, it was the EPA’s intent in the proposed rule to allow the compliance clock to "reset" to provide the industry the full length of time – three years – provided in the Clean Air Act for compliance with the rules once they are finalized.
For a copy of Administrator Jackson’s letter to the Senator, click here