As the U.S. Environmental Protection Agency was about to be turned over to new management, on January 15, 2009, it issued an important Clean Air Act policy decision (74 FR 2376). Then on January 20, effective on Inauguration of the President, all Executive Agencies were told by the White House to suspend or delay the effect of all pending regulations unless there are emergency or urgent circumstances. Whether the new edict affects an "interpretation" announcement is not clear. The USEPA can be expected to clarify what regulations and actions are suspended in the next few days.
 
The Agency’s January 15 announcement kept in place the current New Source Review (NSR) rule text, while putting into effect a revised “interpretation” of what changes at a facility are relevant or need to be "aggregated" to determining whether the change is “major.” The “interpretation” as promulgated was to become effective February 17, 2009. An EPA revised rule that was proposed on this subject in 2006 is expressly not adopted, and the announcement states it is “final action” in the negative on the 2006 proposal regarding "aggregation".

Hinshaw's Environmental Practice Group will update clients and friends on what rule changes are effective and when the picture becomes clearer. 

For further information, please contact Harvey M. Sheldon, Jon S. Faletto, Charles F. Helsten or your regular Hinshaw attorney.

To learn more about our Environmental Practice Group, please click here.

This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.