Boiler MACT - Implication for Wisconsin Major Sources

Boilers and process heaters at major sources of hazardous air pollutants were subject to regulation under the Boiler MACT. On July 31, 2007, EPA’s Boiler MACT was vacated by the D.C. Circuit Court of Appeals. Many regulatory officials including EPA, feel that the absence of the Boiler MACT triggers Section 112(j)(2) of the CAA requiring facilities to submit a permit application for a case-by case MACT determination.



Under the 112(j) requirement, the latest date for submittal of an application would be 18 months after the Boiler MACT was vacated. The WDNR is currently developing an application form for sources affected by vacatur of the Boiler MACT which will be available by early 2009. The WDNR is recommending major sources operating a boiler or process heater submit an application on or before January 27, 2009.



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