The EPA has put the fugitive emissions requirements in the federal Prevention of Significant Deterioration (PSD) program on hold for 18 months. The Fugitive Emissions Rule requires that fugitive emissions be included in determining whether a physical or operational change results in a major modification. Initially, the final rule that was issued on December 19, 2008 amended all portions of the major New Source Review program regulations: permit requirements, the PSD program, and the emission offset interpretive ruling. In 2009, EPA agreed to reconsider the approach to handling fugitive emissions challenged in the petition and granted a 3-month administrative stay of the fugitive emissions rule.
The administrative stay of the Fugitive Emissions Rule became effective on September 30, 2009 and remained in effect until the EPA put an additional 3-month stay in place from December 31, 2009 until March 31, 2010. The final rule issued on March 31, 2010 put in place an additional stay for 18 months, to allow for sufficient time to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the federal PSD program.
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