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EPA Stays Bush-Era NSR Aggregation Rule

Law360 (February 10, 2009, 12:00 AM EST) -- The U.S. Environmental Protection Agency announced Monday it would stay a final New Source Review aggregation rule containing a Bush administration regulatory interpretation after receiving a petition from the Natural Resources Defense Council and an order from President Obama.

The rule, which was to have become final Jan. 15, addresses when separate physical or operational changes at power plants must be aggregated for the purpose of determining whether they are a single change under the EPA's New Source Review program.

The interpretation, purportedly designed to reduce...
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