On January 13, 2012, we authored an Alert titled
"Status of Boiler MACT Up in the
Air." Link
here. Well, it has almost been a year, and the
status of Boiler MACT is still up in the air.
Our previous Alert described the status of the boiler
regulations and the amendments proposed by EPA on December 21,
2011. At the time, EPA had indicated its intent to issue
amendments to the Boiler MACT (major sources), Boiler GACT (minor
sources), and CISWI (incinerators) rules in June 2012.
A key component of EPA's December 2011 proposed amendments was
a proposal to reset the 3 year compliance schedule to begin upon
promulgation of the amendments to the Boiler MACT and CISWI
rules.
In late Spring 2012, EPA announced its intention to delay
promulgation of the amendments to the boiler regulations until
mid-July. That didn't happen. In an October
29, 2012 status report to the U.S. Court of Appeals – D.C.
Circuit, the EPA stated that the agency is "still in the
process
