EPA has issued a No Action Assurance to all owners/operators of existing industrial, commercial and institutional boilers at area sources that are subject to the requirement to conduct an initial tune-up by March 21, 2012 under the Boiler MACT rule.

In response to industry comments, EPA published a proposed reconsideration of the Area Source Boiler MACT in December 2011 that would adjust the initial date for completing tune-ups to March 21, 2013. As the original tune-up deadline approached there was confusion among area source owners/operators as to when initial tune-ups were required to be completed. Some sources commented that tune-ups, as described by the rule, were not technically feasible for their boilers. Others commented that the large number of small boilers at their facilities made meeting this tune-up deadline impossible. The No Action Assurance provided by EPA establishes that EPA will not pursue enforcement action for failure to complete a tune-up by the compliance date of March 21, 2012.

The letter has been posted to EPA's Industrial/Commercial/Institutional Boilers and Process Heaters Web page. If you have any further questions about how this impacts you and your facilities, please contact us.

For more information, contact Kelley Begin.