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®: CRE Regulatory Action of the Week

EPA Proposes Additional Delay for NSR Aggregation Rule
On March 18, 2009, the U. S. Environmental Protection Agency proposed delaying the effective date for its rule addressing ``aggregation'' under the Prevention of Significant Deterioration and nonattainment New Source Review programs ("NSR Aggregation Amendments"). The NSR Aggregation Amendments were published in the Federal Register on January 15, 2009. They describes when a source must combine ("aggregate'') nominally-separate physical changes and changes in the method of operation for the purpose of determining whether they are a single change resulting in a significant emissions increase under the Clean Air Act.

EPA's proposed delay responds to a January 30, 2009, petition for reconsideration submitted by the Natural Resources Defense Council. In response to the NRDC Petition, EPA announced on February 13, 2009, that it would convene a reconsideration proceeding for the NSR Aggregation Amendments, and that it would delay the effective date of the Amendments from February 17, 2009 until May 18, 2009.

EPA's March 18th proposal would additionally delay the effective date of the NSR Aggregation Amendments. EPA seeks public comment on how much additional delay is necessary to allow for sufficient time to conduct the reconsideration proceeding for this rule.

Comments on how long to extend the reconsideration must be received by EPA on or before April 17, 2009.

  • Click here to read EPA's notice of proposed extension
    • .