On July 18, 2012, the U.S. EPA issued a No Action Assurance (“NAA”) extension memo regarding the Area Source Boiler Rule extending the deadline for facilities subject to the Boiler MACT Rule to file notification of an initial tune-up.  The original rule called for affected boilers to comply with the tune-up requirement by July 19, 2012, or until the effective date of a final rule, whichever came first.  Citing a lack of qualified individuals to prepare boilers for tune-ups, the EPA has once again extended the Rule to give affected boiler owners time to comply.  Area Source facilities subject to the tune-up requirement include (1) existing coal units with heat input capacity of less than 10 mbtu’s per hour and (2) existing biomass and oil units.  Under the NAA, the EPA will exercise its discretion not to pursue enforcement action against facilities that fail to complete the boiler tune-up and file notification by the Compliance State listed in the Area Source Rule.

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