Its final--the IB-MACT Rule was officially vacated on Monday with the issuance of the court's mandate for the June 8, 2007 ruling. It was expected that the court would issue the mandate by July 30th. Court procedures allowed a 45-day period following the original ruling for parties to submit any petition for further review and an additional seven days at the expiration of this period before officially issuing the mandate. Vacature of the IB-MACT Rule activates the case-by-case MACT requirements provided for in Section 112(j) of the Clean Air Act. While the timing of this is less than clear, we believe case-by-case MACT will be implemented in a two-phase approach as described in 40 CFR 63.52.
RMB Consulting &