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. 2008 Inclusion of Fugitive Emissions Rule (PSD & NNSR) - Reconsideration


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

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

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

Abstract:
The 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, the 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, the EPA issued an interim rule that stayed the Fugitive Emissions Rule by reverting the text of the affected sections of the Code of Federal Regulations back to the prior rule language. This stay will remain in effect until the EPA completes its reconsideration and undertakes any associated rulemaking. In this action, the 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.
Timeline

MilestoneDate
Initiated11/19/2004
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