CLEAN AIR ACT -- EPA Issues No Action Assurance Regarding Area Source Boiler Rule


Recent EPA Action:

On July 18, 2012, EPA issued an extension of the March 13, 2012 No Action Assurance regarding the Area Source Boiler Rule (a.k.a. minor HAP source Boiler GACT Rule) initial tune-up and notification deadlines.  The July 18 EPA memorandum extends the deadline of the March 13, 2012, No Action Assurance from October 1, 2012 to December 31, 2012, or the effective date of a final rule addressing the reconsideration of the Area Source Boiler Rule, whichever occurs earlier. 


Under the EPA’s Area Source Boiler Rule, 76 Fed. Reg. 15,554 (March 21, 2011), owners and/or operators of certain types of boilers are required to complete biennial tune-ups of those boilers.  For existing boilers of these types, the Area Source Boiler Rule requires that the initial tune-up be completed by March 21, 2012.  40 C.F.R. § 63.1196(a)(1). 

The Area Source Boiler Rule also requires that sources subject to the initial tune-up requirement, and not required to conduct a performance stack test, must submit a Notification of Compliance Status regarding the initial tune-up within 120 days after the compliance date of March 21, 2012 (i.e., by July 19, 2012). 

On March 13, 2012, EPA issued a No Action Assurance to all owners and/or operators of existing industrial boilers and commercial and institutional boilers at area sources of hazardous air pollutant emissions stating that EPA would not enforce the requirement to conduct an initial tune-up by March 21, 2012.  That letter stated that the No Action Assurance remains in effect until either: (1) October 1, 2012, or (2) the effective date of a final rule addressing the reconsideration of the Area Source Boiler Rule, whichever occurs earlier.  EPA’s July 18, 2012, memorandum extends that No Action Assurance.

The No Action Assurances do not affect other requirements of the Area Source Boiler Rule. 

If you have any questions regarding EPA’s most recent No Action Assurance or the Area Source Boiler Rule, or would like a copy of either document, please do not hesitate to contact Dixon Pike (207-791-1374 or or Brian Rayback (207-791-1188 or


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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