The grandfather
clause in the proposed PM2.5 standards is going to get another look-see before
the rule goes into effect, the EPA announced Monday in the Federal
Register.
The agency provided
notice that through a letter signed on April 24, 2009, the EPA has granted a
petition for reconsideration dated Feb. 10, 2009, submitted by Earthjustice on
behalf of the National Resources Defense Council (NRDC) and the Sierra Club,
with respect to the final rule titled, Implementation of the New
Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers
(PM2.5), published on May 16, 2008. Effective
June 1, 2009, 40 CFR 52.21(i)(1)(xi) is stayed for a period of three months,
until Sept. 1, 2009.
In addition, the EPA has administratively stayed one
of the provisions to which the petitioners objected – a "grandfathering"
provision for PM2.5 contained in the federal prevention of significant
deterioration (PSD) program. The EPA said it will publish notification in the Federal
Register establishing a comment period and opportunity for a public
hearing for the reconsideration proceeding.