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Prevention of Significant Deterioration and Nonattainment New Source Review: Reconsideration of Fugitive Emissions Rule (Draft)
Oct. 17, 2022
EPA is proposing to repeal regulatory amendments promulgated through a final rule adopted in 2008 under the CAA that addressed the consideration of "fugitive" emissions of air pollutants from stationary sources when determining the applicability of certain permitting requirements under the Act. Those amendments have been stayed as a result of the reconsideration process. To bring closure to the reconsideration proceeding, the EPA is proposing to fully repeal the 2008 rule by removing the stayed provisions of the regulatory amendments adopted in 2008. The EPA is also proposing to remove a related exemption for modifications that would be considered major solely due to the inclusion of fugitive emissions. As a result of the proposed changes, all existing major stationary sources would be required to include fugitive emissions in determining whether a physical or operational change constitutes a "major modification," requiring a permit under the Prevention of Significant Deterioration (PSD) or Nonattainment New Source Review (NNSR) programs. Comments must be received on or before 13 December 2022. POC is Matthew Spangler, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504-05), EPA, Research Triangle Park, NC; tel: (919) 541-0327; email: spangler.matthew@epa.gov. (Federal Register 14 October 2022 [Proposed Rule] Pages 62322-62337)

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Last Updated: January 22, 2018