On September 10, 2009, EPA received another extension of the deadline for the proposed Boiler MACT Rule and CISWI NSPS. Since the Boiler MACT and CISWI Definitions Rule were vacated in 2007, the timetable for development of the new rules has been tied into the rulemaking schedule for the area source MACT program. The latest court order specifies a deadline of April 30, 2010 for the promulgation of emissions standards accounting for 90% of area source HAPS. The order allows an alternative deadline of December 16, 2010 if EPA can propose the new Boiler MACT Rule, Gold Mining and Production MACT Rule, and CISWI NSPS by April 15, 2010. While not explicitly stated, the April 15, 2010 date is generally accepted as the new timetable for the proposed Boiler MACT Rule and CISWI NSPS. This latest action was expected by most stakeholders since the previous extension of September 15, 2009 was prior to the submittal deadline (October 15, 2009) of ICR stack test data for most sources.
RMB Consulting &