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 update to a friend or colleague. - - - - - - - - -

EPA Grants Additional Partial Stay of the PM_2.5 Implementation Regulation

On September 22, 2009, the United States Environmental Protection Agency (EPA) issued a final rule staying a "grandfathering" provision in the federal Prevention of Significant Deterioration (PSD) regulations for nine months, until June 22, 2010. (74 Fed. Reg. 48153)

The grandfathering provision at issue is set forth at 40 C.F.R. § 52.21(i)(1)(xi) and was added to the federal PSD regulations as part of EPA's 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 ("PM_2.5 Implementation Rule"). As codified, the grandfathering provision would allow EPA's PM₁₀ surrogate policy to continue to be used as the basis for approving permits with respect to emissions of PM_2.5 for permit applications that were submitted prior to July 15, 2008.

The stay is effective immediately and continues until June 22, 2010. It follows a previous administrative stay, which was in effect from June 1, 2009 until September 1, 2009. In the preamble, EPA stated that the purpose of the stay is to "provide sufficient time for EPA to propose, take public comment on, and issue a final action concerning the repeal of the grandfathering provision for PM_2.5 in the Federal PSD program."

For questions regarding how this stay or the PM_2.5 Implementation Rule may impact your facility, please contact any of the attorneys in Schiff Hardin's Environmental Group.

RECENT ENVIRONMENTAL PUBLICATIONS

"One Small Step for USEPA; A Giant Leap Toward Coordinated Regulation of Air Emissions for the Power Sector," Environmental Update (September 15, 2009)
"Discharge of RCRA Cleanup Obligation in Bankruptcy Less Certain Following Recent Seventh Circuit Decision in U.S. v. Apex Oil," Environmental Update (September 1, 2009)
"Over $100 Million in Federal Recovery Funding Available for Renewable Energy and Energy Efficiency Projects in Illinois," Environmental Update (August 27, 2009)
"Illinois Passes Law Expanding Financing For Clean Coal, Coal and Renewable Energy Projects," Environmental Update (August 26, 2009)
"EPA Proposes Revised NO₂ Standards," Environmental Update (July 10, 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.