EPA Promises “No Action” on 2011 “Boiler Rule

Feb 13, 2012

On March 21, 2011, EPA finalized a rule titled, “National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers” – a.k.a. the Boiler Rule.  The rule, though scheduled to take effect on May 20, 2011, was stayed by EPA’s “Delay Notice” released May 18^th.  The D.C. Circuit vacated the Delay Notice on January 9, 2012, essentially forcing the Boiler Rule into effect.  In a letter addressed to U.S. Senator Ron Wyden and dated January 18, EPA’s Administrator promised not to enforce the administrative notification requirements for new or existing boilers while the Agency considers final action that would reset the rule’s “effective” date.  An official “No Action Assurance Letter” is still pending.  To find out how this rule may affect you, please contact JBH for more information.