USEPA May (or May Not) Have Revised its Policy on the Aggregation of Air Emission Changes Resulting from Multiple Changes

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".