Why did EPA reinstate the Notice of Intent to Comply in the October 2005 final rule?
All Phase II sources (boilers and hydrochloric acid production furnaces) are required to submit a notification of intent to comply (NIC). EPA also required Phase I sources (incinerators, cement kilns, and lightweight aggregate kilns) that need to make upgrades to comply with the final rule standards or that have not previously submitted a NIC, to submit a NIC. The NIC serves as a compliance planning and communication tool. We anticipate that Phase I sources may need to conduct additional upgrades, or in some cases upgrade for the first time, to comply with the replacement standards. We found that re-instituting the NIC for these sources would provide the same planning and communication benefits during the compliance period for the replacement standards that it did for the original Phase I standards. In addition, we believe that the NIC provides the same benefits with respect to communication and compliance strategy planning for the Phase II sources that it has for Phase I sources.
