EPA Proposes New Method for Determining Applicability of New Source Review Under the Federal Clean Air Act

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). 

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.