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Boiler MACT Back in Effect – D.C. Circuit Court of Appeals Rejects May 16, 2011 EPA Stay

In response to a challenge by Earthjustice (Sierra Club), on January 9, 2012, the D.C. Circuit Court of Appeals rejected the May 16, 2011 EPA stay of the effective date of the Boiler MACT and CISWI NSPS final rules published on March 21, 2011.  This means that the final Boiler MACT issued in March 2011 is in effect now.  For existing major sources, the compliance date would be March 21, 2014.  This is a year earlier than the expected existing source compliance date (mid to late 2015) for the upcoming revised rules, which EPA plans to finalize in 2012.  New major sources must comply upon startup.  The court is expected to rule again later in 2012 on the new versions of the rules.  At that time, the revised version of the rule could supersede the March 2011 version, thereby establishing a later compliance date (2015).

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