Because the D.C. Circuit Court of Appeals rejected the May 16, 2011 EPA stay of the effective dates for the March 2011 Boiler MACT and CISWI (Incinerator) NSPS, the initial notification from subject sources was due by September 2011. To clarify the confusion the vacatur would cause, U.S. EPA issued a “No Action Assurance” letter on February 7, 2012, which states that the agency will take no enforcement action on the initial notification requirements for the March 2011 Boiler MACT. Some facilities have decided to file initial notifications regardless of EPA’s assurance.
EPA will continue its current plans for finalizing the December 2011 proposed standards prior to the expiration of the “No Action Assurance” letter: December 31, 2012. When the December 2011 proposed standards are finalized, a new timeline for initial notifications will be established. So, from an EPA perspective, no initial notification for the March 2011 Boiler MACT is required in September 2012.