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EPA Proposes Revisions to Air Monitoring Requirements

June 19, 2006

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On June 2, 2006, the EPA proposed revisions to its interpretation of certain existing federal air program operating permit regulations. The proposed interpretation is that certain sections of the operating permits regulations do not require or authorize permitting authorities to assess or enhance existing monitoring requirements in implementing the operating permits independent of such monitoring required or authorized in other rules. According to the notice, such other rules include the monitoring requirements in existing federal air pollution control standards and regulations implementing state requirements. The EPA proposes to interpret these sections to require that Title V permits contain the monitoring provisions specified or developed under these separate sources of monitoring requirements. The agency also formally withdrew a Sept. 17, 2002, proposal to revise the federal operating permits program and with the action issued in June provide an interpretation of those rules different from that set forth in the 2002 proposal. The proposal would effectively reinstate a final rule that was overturned last October by the U.S. Court of Appeals for the District of Columbia Circuit, which determined that the EPA issue the final rule without sufficient notice and comment. Environmental Integrity Project v. EPA, D.C. Cir. No. 04-1083 (Oct. 7, 2005). Comments on the proposal are due on or before July 17, 2006.



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