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EPARulemakingEPA-HQ-OAR-2022-0381

Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting (SAN 9249)

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National Association of Clean Air Agencies filings
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Activity

National Association of Clean Air Agencies filed 1 comment on this docket between Jul 5, 2024 and Jul 5, 2024. 13 other organizations filed here. The comment window closed 756d ago.

What National Association of Clean Air Agencies filed (1)

Jul 5, 2024· Comment submitted by National Association of Clean Air Agencies (NACAA)· EPA-HQ-OAR-2022-0381-0062

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

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Abstract

This rulemaking is being conducted in response to a petition for reconsideration and a request for administration stay we received by the Environmental Defense Fund (EDF), the Natural Resources Defense Council (NRDC), the Environmental Integrity Project (EIP), the Sierra Club, and the Adirondack Council (“petitioners”) on EPA’s November 24, 2020, final rule titled, “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Project Emissions Accounting” (85 FR 74890) (“Project Emissions Accounting rule”). In that petition, petitioners raised concerns that (1) the final rule fails to ensure that offsetting emission decreases used to show that a “project” will not cause a significant emission increase in Step 1 of the NSR applicability analysis result from the change being evaluated; (2) the final rule allows a source to avoid NSR by offsetting emission increases resulting from a change with non contemporaneous emission decreases; and (3) that EPA has not ensured that project emission decreases will occur and will be maintained. While EPA denied the petition for reconsideration of the rule on the grounds that the petition did not meet the criteria for mandatory reconsideration under section 307(d)(7)(B) of the Clean Air Act (CAA) and also denied the request that the Project Emissions Accounting rule be stayed, EPA agreed that the petition for reconsideration identified potential concerns that warranted further consideration by EPA.

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Co-filers (13)

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