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EPA Issued New "No Action Assurance" For IB-MACT (7/22/12)

On July 18, 2012, EPA issued a “No Action Assurance” letter delaying another of the compliance deadlines in the Area Source IB MACT Rule. The rule requires that sources submit a Notification of Compliance Status regarding the initial tune-up no later than 120 days after the compliance date of March 21, 2012, which suggests a deadline of July 19, 2012. In the latest action, EPA is extending this deadline until December 31, 2012 or until the rule is finalized. Since a finalized rule has not yet been issued, this action circumvents potential compliance issues for affected area source units. Earlier this year, EPA issued a No Action Assurance letter that delayed the deadline for conducting the initial tune-up until October 1, 2012 although EPA did not also extend the deadline for the Notification of Compliance Status at that time.

EPA’s latest action highlights the recent speculation on the release date of the final reconsidered IB-MACT rules. The final rules were submitted to OMB on May 17, 2012. The end of the 90-day OMB review period (August 15, 2012) is quickly approaching. If OMB seeks to extend the review period in the next few weeks then we can speculate this may be an early indicator that the final rules could be delayed until after the election.

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Last Revised: February 16, 2016