Institute for Policy Integrity at New York University School of Law
EPARulemakingEPA-HQ-OAR-2018-0048

Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Project Emissions Accounting

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Apr 13, 2022
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Institute for Policy Integrity at New York University School of Law filings
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Institute for Policy Integrity at New York University School of Law filed 1 comment on this docket between Oct 15, 2019 and Oct 15, 2019. 19 other organizations filed here. The comment window closed 2485d ago.

What Institute for Policy Integrity at New York University School of Law filed (1)

Oct 15, 2019· Comment submitted by Jack Lienke, et al., Institute for Policy Integrity at New York University School of Law· EPA-HQ-OAR-2018-0048-0082

Filed on regulations.gov — full text not in the inline record.

Abstract

The Environmental Protection Agency (EPA) is proposing to revise certain New Source Review (NSR) applicability regulations to clarify the requirements that apply to sources proposing to undertake a physical or operational change (i.e., a project) under the NSR preconstruction permitting program. Under this program, an existing major source proposing to undertake a project must determine whether that project will constitute a major modification following a two-step applicability test and thus be subject to the NSR preconstruction permitting requirements. The first step is to determine if the proposed project will cause a ‘‘significant emissions increase’’ of a regulated NSR pollutant (Step 1). If the proposed project is projected to cause such an increase, the second step is to determine if there is a ‘‘significant net emissions increase’’ of that pollutant (Step 2). In this action, we are proposing to revise our NSR applicability regulations to make it clear that both emissions increases and emissions decreases that result from a given proposed project are to be considered at Step 1 of the NSR major modification applicability test. In addition, this proposal replaces and withdraws the agency’s 2006 Project Netting Proposal.

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