Learn more about Environmental Law at Schiff Hardin. For more information, contact one of the following attorneys: Amy Antoniolli Kathleen C. Bassi Stephen J. Bonebrake Renee Cipriano Daniel J. Deeb Jeremy R. Hojnicki Bina Joshi Kathryn M. Long David M. Loring Jane E. Montgomery Joshua R. More Mary Ann Mullin Paul M. Previde Gabriel M. Rodriguez Andrew N. Sawula Rocky N. Unruh Sarah D. Youngblood Schiff Hardin Offices One Atlantic Center, Suite 2300 1201 West Peachtree Atlanta, GA 30309 225 Franklin Street, Suite 2600  Boston, MA 02110  233 S Wacker Drive Suite 6600 Chicago, IL 60606 One Westminster Place Suite 200 Lake Forest, IL 60045 900 Third Avenue New York, NY 10022 One Market, Spear Tower 32nd Floor San Francisco, CA 94105 1666 K Street, NW Suite 300 Washington, DC 20006 - - - - - - - - - Join our mailing list. Forward this profile to a friend or colleague. - - - - - - - - -

EPA Grants Reconsideration and Partial Stay of NSR PM_2.5 Implementation Regulation

On June 1, 2009, the United States Environmental Protection Agency (EPA) granted a petition for reconsideration of its final rule titled, "Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM_2.5)," which was published on May 16, 2008. The petition for reconsideration was submitted by Earthjustice on behalf of the National Resources Defense Council and the Sierra Club. EPA will publish a separate notification establishing a comment period and an opportunity for public hearing.

EPA has also granted the petitioner's request for an administrative stay. Specifically, effective June 1, 2009, the EPA has issued an administrative stay of 40 C.F.R. § 52.21(i)(1)(xi), which sets forth a "grandfathering" provision for permit applications for new stationary sources and modifications to existing stationary sources submitted prior to July 15, 2008, using PM₁₀ as a surrogate pursuant to EPA's October 23, 1997 memorandum entitled "Interim Implementation of New Source Review Requirements for PM_2.5."

For questions regarding this Environmental Update, please contact any of the attorneys in Schiff Hardin's Environmental Group.

RECENT ENVIRONMENTAL PUBLICATIONS

"EPA Issues Supplemental Proposal Regarding Standards of Performance for Coal Preparation and Processing Plants," Environmental Update (June 5, 2009)
"New Law in Response to Crestwood, Illinois Drinking Water Scandal And Other Significant Environmental Laws from the 2009 Legislative Session," Environmental Update (June 3, 2009)
"Supreme Court Limits Scope of 'Arranger' Liability and Joint and Several Liability Under Superfund," Environmental Update (May 5, 2009)
"U.S. EPA Reinstates Stricter TRI Reporting Requirements," Environmental Update (April 24, 2009)
"U.S. EPA Takes Another Step Towards Regulation of Greenhouse Gas Emissions," Environmental Update (April 20, 2009)

ABOUT SCHIFF HARDIN LLP

Schiff Hardin's diverse environmental practice advises clients engaged in a wide variety of industries and commercial endeavors such as electric generation, natural gas distribution and production, chemical manufacturing, auto and auto parts manufacturing, consumer goods manufacturing, real estate development and investments by financial institutions and equity investors.

For more information, contact us.