EPA’s March 21, 2011 National Emission Standards for Hazardous Air Pollutants for Area Sources:  Industrial, Commercial, and Institutional Boilers (commonly referred to as the Minor HAP Source Boiler GACT rule) requires owners/operators of affected boilers to conduct tune-ups by March 21, 2012. 

On December 23, 2011, EPA published proposed amendments to the Boiler GACT regulation and the related Boiler MACT, CISWI, and NHSM regulations.  EPA’s proposed amendments would delay the compliance deadline for tune-ups under the Boiler GACT rule by one year to March 21, 2013.  However, EPA is not expected to finalize the December 23, 2011 proposed revisions to the Boiler GACT rule by the current March 21, 2012 deadline.  Therefore, the new proposed deadline (March 21, 2013) will not be effective until after the existing deadline has come and gone.  We understand that EPA is considering various approaches to address this conundrum with respect to the Boiler GACT tune-up requirements.  For example, on its website EPA states: 

“EPA proposed to extend the initial tune-up date for existing sources until March 21, 2013 and is taking comment on extending the initial tune-up date until March 21, 2014.

EPA is considering issuing a 90-day stay on the final March 21, 2011 Boiler Area Source rule would give EPA time to finalize this proposed extension before the March 21, 2012 tune-up compliance date takes effect.”

http://www.epa.gov/boilercompliance/

To date, we are not aware that any such stay has been issued.

If you have any questions regarding the March 21, 2011 tune-up deadline, or what your facility should do in the meanwhile, please do not hesitate to contact Dixon Pike (207-791-1374 or dpike@pierceatwood.com) or Brian Rayback (207-791-1188 or brayback@pierceatwood.com).