THOMASVILLE, Ga. — On July 18, 2012 the Environmental Protection Agency (EPA) issued a No Action Assurance (NAA) Extension Memo regarding the Area Source Boiler Rule to include the requirement that facilities file notification of an initial tune-up. The EPA’s latest action also extends the NAA until Dec. 31, 2012, or until the effective date of a final rule, whichever comes first. This means 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 dates listed in the Area Source Rule.
The EPA credits a labor shortage as the reason it initially issued the NAA pertaining to the Area Source Rule on March 13, 2012. The agency said there were not enough qualified individuals to prepare boilers for tune-ups and then conduct those tune-ups by the regulatory deadline of March 21, 2012. In addition, the EPA stated there is uncertainty surrounding the pending reconsideration of the Area Source Rule.