EPA Proposes to Delay Effective Date for New Source Review Aggregation Rule

May 8, 2009
Client Alert Newsletter May 2009

In February, the U.S. Environmental Protection Agency ("EPA") published a stay of its New Source Review "aggregation rule" which was published as a final rule on January 15, 2009. The rulemaking was intended to clarify EPA's existing regulations governing the circumstances under which it may be appropriate in New Source Review permit applications to aggregate emissions increases associated with plant modification projects. The stay is intended to allow EPA's new leadership to evaluate the rulemaking, and to address issues raised on petition for reconsideration by the Natural Resources Defense Council. Although the rule was stayed for ninety days, until May 18, 2009, EPA has proposed an additional six-month delay of the rule's effective date, until November 18, 2009.