Wednesday, September 1, 2010

Reconsideration of Inclusion of Fugitive Emissions in NSR

EPA is proposing to reconsider the final rule titled, "Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions," published on December 19, 2008.

Through a letter signed on April 24, 2009, EPA granted reconsideration on a petition submitted by National Resources Defense Council (NRDC), as well as an administrative stay. In addition to the three-month administrative stay, EPA proposed and finalized an additional 18 month stay to allow enough time to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the federal PSD program. The additional 18 month stay became effective on March 31, 2010. EPA will consider the petition for reconsideration, public comments, and information contained in the rulemaking docket to reach a decision on the reconsideration and finalize the rule, which is expected in March 2011.

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