On December 7, EPA requested an extension of the existing deadline of January 16, 2011 to promulgate the final CISWI Rule and IB-MACT Rules for area sources and major sources. EPA stated that the additional time was necessary to address the more than 4,800 comments that were received on the proposed rules and to review a significant amount of additional data that was submitted during the comment period. EPA indicated that some of the comments raise issues that were not originally considered during the initial rulemaking. Because these issues may substantially affect the final rule, EPA is requesting to “repropose” the rules so that the final rules are logical outgrowths of the proposals. If the Court grants the request the deadline for the revised proposals will be June 1, 2011 and the deadline for promulgation of final emissions standards will be April 13, 2012. In the event that the Court does not grant the request for extension to repropose the rules, EPA has requested an alternative deadline of June 15, 2011 to complete the final rules. EPA has been granted an order to expedite a decision on the extension request and a final ruling on the request is expected by the end of the year.
RMB Consulting &