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Regulatory Development and Retrospective Review Tracker

Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions; Reconsideration

a.k.a. PSD and Nonattainment NSR: Reconsideration of 2008 Inclusion of Fugitive Emissions Rule - Reconsideration

RIN: 2060-AQ47 (What's this?)

Docket No.: EPA-HQ-OAR-2004-0014 (What's this?)

Current Phase: Pre-Proposal (What's this?)

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

Through a letter signed on April 24, 2009, EPA granted reconsideration on a petition submitted by the National Resources Defense Council (NRDC), as well as an administrative stay of the Fugitive Emissions Rule provisions. On March 30, 2011 EPA issued an interim rule that stayed the Fugitive Emissions Rule by reverting the text of the affected sections of the CFR to back to the prior rule language. This stay will remain in effect until EPA completes its reconsideration and undertakes any associated rulemaking. In this action 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.

NPRM: Published in FR00/0000 (projected)

Potential Effects

Of the potential effects described in Reg DaRRT, none are anticipated at this time.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - No Information Available.
Citations & Authorities

Code of Federal Regulations (CFR) Citation
40 CFR 51 to 52

Legal Authority
42 U.S.C. 7401 et seq. Clean Air Act


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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