Read the full post at JD Supra.
Determining the applicability of the federal Clean Air Act’s New Source Review (“NSR”) program to new projects can be a difficult analysis. Under EPA’s current rules, NSR applicability depends upon a two-step process. First, a calculation must be made to determine if the proposed project will cause a “significant emission increase” of a pollutant. If so, the second step requires that the facility determine if there is a “significant net emissions increase.” If both calculations result in a determination that the emission increases are “significant” (as set forth in EPA’s rules), the proposed project is subject to NSR review. NSR applicability generally results in a longer permitting process and can require more stringent emission controls (as is the case for projects constructed in non-attainment areas).