Regulations & Standards
Regulatory Review Notice
EPA is in the process of reviewing several previous agency decisions, including those covered by the White House memo on regulatory review (memo in HTML | memo in PDF (2 pp, 51K, About PDF)). The rules under review are noted below.
Regulations Currently in Effect
When EPA issues the permits or when another agency issues permits for EPA, 40 CFR 52.21
The regulations on what a State Implementation Plan (SIP) must contain for EPA to approve a:
- PSD permit program 40 CFR 51.166.
- nonattainment NSR program 40 CFR 51.165.
- minor NSR program 40 CFR Part 51 Subpart I.
EPA creates regulations as required and authorized by the Clean Air Act (see Laws & Statutes for Clean Air Act requirements). NSR permits have been required by regulations since the 1970's. EPA is working to update and improve the NSR regulations. This page presents the NSR regulations that are currently in effect and shows the ongoing regulatory actions leading up to and following the December 2002 improvements.
2009 | 2005 | |
2008 | 2004 | |
2007 | 2003 | |
2006 | 2002 |
You will need Adobe Acrobat Reader to view the Adobe PDF files on this page. See EPA's PDF page for more information about getting and using the free Acrobat Reader.
2009
Granting of Petitions to Reconsider Aspects of the Reasonable Possibility, Fugitive Emissions and PM2.5 NSR Permitting Rules
April 24, 2009 - EPA notified petitioners of its intent to reconsider portions of three rules under its New Source Review (NSR) permitting program.
- Letter from Administrator Jackson to Natural Resources Defense Council on Fugitive Emissions (PFF) (2p, 848k)
- Letter from Administrator Jackson to Earthjustice on PM2.5 NSR Permitting Rule (PDF) (2p, 8649k)
- Letter from Elizabeth Craig Acting Assistant Administrator to the State of New Jersey on Reasonable Possibility (PDF) (2p, 90k)
- Fact Sheet summarizing this action (5p, 39k)
EPA requests comment on extending the effective date of the aggregation rule beyond May 18, 2009
March 13, 2009 - In this action, EPA is proposing an additional delay of the effective date of the NSR Aggregation Amendments and soliciting comment on the duration of this additional delay in order to allow for sufficient time to conduct the reconsideration proceeding.
- Proposal (PDF) (4p, 59k) Federal Register, March 18, 2009
EPA Reconsiders New Source Review Final Rule
February 9, 2009 - To allow further review of the January 15, 2009, final rule modifying the NSR air permitting program’s “aggregation” policy, EPA is extending the effective date of the rule. This action is in response to the White House’s January 20, 2009, and the Office of Management and Budget’s January 21, 2009, memoranda regarding regulatory review. EPA also will reconsider one or more of the aspects of this final rule raised by the Natural Resources Defense Council in a petition for reconsideration. To allow time for the review and the reconsideration, EPA will stay the effective date of this rule for 90 days, until May 18, 2009.
- Stay of Effective Date (PDF) (2pp, 98k) Federal Register, February 13, 2009
- Reconsideration (PDF) (1pg, 55k) Federal Register, February 13, 2009
- Fact Sheet (PDF) (2pp, 25k)
- Under Review - Denial of Petitions to Reconsider Aspects of the PM2.5 NSR Requirements and Reasonable Possiblity Rule
January 15, 2009 - EPA has denied two petitions for reconsideration of two final rules under the New Source Review permitting program.
- Letter from Administrator Johnson to Earthjustice (PDF) (5pp, 1.6 MB)
- Notice Announcing Reconsideration Decision (PDF) (4pp, 37k)
- Fact Sheet Summarizing Decision (PDF) (3pp, 53k)
- Letter from Administrator Johnson to the State of New Jersey (PDF) (4pp, 1.2 MB)
- Notice Announcing Reconsideration Decision (PDF) (4pp, 34k)
- Fact Sheet Summarizing Decision (PDF) (2pp, 41k)
- Under Review - Final Rule Facilitates the use of Flexible Air Permits
January 13, 2009 - Flexible air permits enable major air emissions sources to implement operational plans and make anticipated changes to these plans without further review and approval. These permits do not provide approval for operational changes outside the scope authorized in the initial permit and sources must still meet all Clean Air Act requirements that apply to them. Pilot studies have shown that flexible permitting approaches can minimize the need for permit revisions, provide significant economic benefits, encourage innovation, and increase public awareness -- all while ensuring equal or greater environmental protection.
- Fact Sheet
- Final Rule (PDF) (125pp, 263k)
- Under Review - Final Rule Defines Approach for Grouping Projects under the New Source Review Permitting Program
On January 12, 2009, EPA issued a final rule that revises the agency’s policy on “aggregation.” For the purpose of determining whether NSR applies, this rule directs facilities and permitting authorities to combine, or aggregate, emissions from plant modifications when those projects are related. Thus, total emissions for the related projects must be considered when permitting authorities determine whether NSR applies.
- Fact Sheet
- Final Rule (PDF) (8pp, 128k) Federal Regiter, January 15, 2009
- Withdrawal Notice (PDF) (1pg, 59k) Federal Register, January 15, 2009
2008
EPA Finalizes Rule Reconsidering Inclusion of Fugitive Emissions
On December 10, 2008, EPA finalized revisions to the December 31, 2002 New Source Review (NSR) Improvement rules to change the requirements of the major NSR programs regarding the treatment of fugitive emissions.
- Fact Sheet (updated 2/25/09)
- Final Rule (PDF) (22pp, 295k) Federal Register, December 19, 2008
EPA Issues Final Rules Governing the Implementation of NSR for Fine Particulate Matter
On May 8, 2008, the Environmental Protection Agency (EPA) issued final rules governing the implementation of the New Source Review (NSR) program for particulate matter less then 2.5 micrometers in diameter (PM2.5). PM2.5 also is known as fine particles. This rule finalizes several NSR program requirements for sources that emit PM2.5 and other pollutants that contribute to PM2.5
- Final Rule (PDF) (117pp, 425k) Federal Register, May 16, 2008
- Fact Sheet (PDF) (4pp, 56k)
Treatment of Certain Ethanol Production Facilities Under the “Major Emitting Facility” Definition; Notice of Action Denying Petition for Reconsideration and Denying Request for Stay
April 24, 2008 - The EPA has responded to a petition for reconsideration of the final rule published May 1, 2007, entitled “Prevention of Significant Deterioration, Nonattainment New Source Review and Title V: Treatment of Certain Ethanol Production Facilities Under the ‘Major Emitting Facility’ Definition.” (“ethanol rule”) On July 2, 2007, EPA received a petition for reconsideration pursuant to 307(d)(7)(B) of the CAA from the Natural Resources Defense Council (“NRDC”). The NRDC petition also requested that EPA stay implementation of the final rule pending reconsideration of the rule. The NRDC petition for reconsideration can be found in the rulemaking docket under Docket ID No. EPA-HQ-OAR-2006-0089. The EPA considered the petition and the information in the rulemaking docket in reaching a decision on the petition. The EPA Administrator Stephen L. Johnson denied the petition for reconsideration and the request for a stay of the rule in a letter to the petitioner dated March 27, 2008. The letter documents EPA’s reasons for the denial and can be found in the rulemaking docket.
- Letter Denying Petition for Reconsideration (PDF) (5pp, 423k)
- Notice (PDF) (2pp, 84k) Federal Register, May 2, 2008
- Fact Sheet (PDF) (2pp, 32k)
Redesignation of the Forest County Potawatomi Community Reservation to a PSD Class I Area
April 18, 2008 - The U.S. Environmental Protection Agency (EPA) issued a final rule that approves the Forest County Potawatomi Community’s (FCP Community) Tribal Council request to redesignate certain portions of the FCP Community Reservation as a non-Federal Class I area under the Clean Air Act (Act or CAA) program for the Prevention of Significant Deterioration of air quality. In separate notices also signed on April 18, 2008, EPA announces the resolution of intergovernmental disputes raised by the Governors of Wisconsin and Michigan in 1995 about EPA’s proposal to approve the request of the FCP Community to redesignate portions of its reservation as a non-Federal Class I area.
- Final Rule (PDF) (16pp, 252k) Federal Register, April 29, 2008
- Notice of Dispute Resolution (PDF) (5pp, 111k) Federal Register, April 29, 2008
- Notice of Dispute Resolution (PDF) (4pp, 94k) Federal Register, April 29, 2008
- Fact Sheet (PDF) (1pg, 565k)
2007
Rule Clarification Assures that New Source Review Program is Applied Appropriately
December 14, 2007 - EPA issues a final rule to clarify when facilities must keep records and report emissions when a “reasonable possibility” test shows that projected emissions increases could equal or exceed 50 percent of the Clean Air Act’s NSR significant levels for any pollutant. This rule does not change permitting requirements.
- Final Rule (PDF) (58pp, 81k) Federal Register, Dec 21, 2007
- Fact Sheet (PDF) (2pp, 22k)
Reconsideration of the Inclusion of Fugitive Emissions
November 6, 2007 - EPA responded to a petition from the Newmont Mining Corporation requesting reconsideration of the New Source Review (NSR) Reform rules of 2002 by proposing to revise the way the December 2002 final rules treat fugitive emissions for purposes of determining whether a physical or operational change at an existing major source qualifies as a major modification.
- Proposed Rule (PDF) (17pp, 123k) Federal Register, Nov 13, 2007
- Fact Sheet
EPA Proposes Measures to Address Direct Emissions of Fine Particulates
September 12, 2007 - EPA uses three key measures to determine if emissions of criteria pollutants will harm air quality: increments, significant impact level, and significant monitoring concentrations. The proposal presents options for how to calculate each of these measures for PM2.5.
- Proposal (PDF) (46pp, 830k) Federal Register, Sep 21, 2007
- Fact Sheet
- Comment Period Extended to Jan 21, 2008 Federal Register, Nov 20, 2007
Proposed Flexible Air Permitting Rule
August 28, 2007 - EPA proposed revisions to both the clean air operating permits (title V) and the new source review programs under the Clean Air Act. These proposed revisions would make more broadly available a new approach to air permitting known as a "flexible air permit."
- Proposal (PDF) (57pp, 736k) Federal Register, Sep 12, 2007
- Fact Sheet
EPA reopening of the public comment period
August 22, 2007 - EPA is announcing the reopening of the public comment period on our proposed amendments for the Prevention of Significant Deterioration New Source review: Refinements of Increment Modelling Procedures.
- Announcement Federal Register, Aug 29, 2007
EPA extends public comment period to August 8, 2007
July 2, 2007 - Comment Period Extended for Supplemental Rule Proposing a Refined Emissions Test for Existing Power Plants.
- Extension Notice Federal Register, Jul 9, 2007
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Removal of Vacated Elements
June 5, 2007 - EPA removed provisions for pollution control projects (PCP) and clean units (CU) from its New Source Review (NSR) regulations. These provisions were part of EPA’s NSR improvement rule issued on December 31, 2002. On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit vacated the portions of the 2002 and 1992 NSR rules that pertained to CU and PCP.
- Final Rule (PDF) (4pp, 117k) Federal Register, Jun 13, 2007
- Fact Sheet
Public Hearing for Supplemental Proposal Further Defining a Proposed Modification to the Emissions Test Used to Determine When NSR Applies to an Electric Generating Unit Announced
May 29, 2007 - EPA will hold a public hearing June 29, 2007 on proposed further modifications to the NSR applicability test for electric generating units. The public hearing will begin at 9 a.m., and continue until one hour after the last registered speaker has spoken. People wishing to present oral testimony must pre-register by 5:00 p.m. on June 28, 2007.
- Public Hearing Notice (PDF) (2pp, 78k) Federal Register, Jun 7, 2007
Proposed Clarifications and Modifications to Air Impact Modeling Procedures Used for the New Source Review Program
May 24, 2007 - This proposed rule would refine several aspects of the method that may be used to calculate how air emissions from a new or modified industrial facility might impact an area. The New Source Review permitting program is one of the tools EPA, state, tribal and local air pollution control agencies rely upon to control emissions growth.
- Proposed Rule (PDF) (29pp, 231k) Federal Register, Jun 6, 2007
- Fact Sheet
New Source Review: EPA Proposes Refined Emissions Test to Improve Safety, Reliability, and Efficiency of Existing Power Plants
April 25, 2007 - This supplemental proposal further defines options to change the emissions increase test used to determine if the New Source Review (NSR) permitting program would apply when an existing power plant makes a physical or operational change.
- Supplemental Proposal (PDF) (27pp, 473k) Federal Register, May 8, 2007
- Fact Sheet
Final Changes for Certain Ethanol Production Facilities Under Three Clean Air Act Permitting Programs
April 12, 2007 - This final action modifies the definition of a "chemical process plant" as it applies to three Clean Air Act permitting programs.
- Final Rule (PDF) (20pp, 310k) Federal Register, May 1, 2007
- Fact Sheet
Proposed Rule for EPA's New Source Review Program: Reasonable Possibility In Recordkeeping
February 28, 2007 - This proposal seeks comment on two options for clarifying the "reasonable possibility" recordkeeping and reporting standard of the 2002 New Source Review (NSR) reform rules.
- Proposed Rule (PDF) (9pp, 176k) Federal Register, Mar 8, 2007
- Fact Sheet
Final Rule to Revise Nonattainment New source Review Regulations: Appendix S
February 28, 2007 - This final rule updates the regulations that apply to the process for permitting new or modified industrial facilities in areas that do not meet EPA's health based national air quality standards for ground-level ozone and fine particle pollution. These areas are known as nonattainment areas.
- Final Rule (PDF) (14pp, 269k) Federal Register, Mar 8, 2007
- Fact Sheet
EPA Reopens Comment Period on Proposed Federal Implementation Plan for Tribal Lands
January 31, 2007 - EPA is announcing a reopening of the public comment period on our proposed Federal Implementation Plan for Tribal Lands from January 19, 2007 to March 20, 2007.
- Notice of Reopening of Comment Period (PDF) (2pp, 91k) Federal Register, Feb 8, 2007
2006
Federal Implementation Plan Under the Clean Air Act for Certain Trust Lands of the Forest County Potawatomi Community Reservation
December 11, 2006 - This federal plan would be used to implement a request from the Forest County Potawatomi Community to designate parts of its reservation as a "Class I Area. " Class I areas are areas set aside for the most stringent level of protection under the Prevention of Significant Deterioration program.
- Proposed rule (PDF) (38pp, 140k) Federal Register, Dec 18, 2006
- Fact sheet (PDF) (3pp, 36k)
EPA Extends Comment Period on Proposed Federal Implementation Plan for Tribal Lands
October 24, 2006 - EPA is announcing an extension of the public comment period on our proposed Federal Implementation Plan for Tribal Lands from November 20, 2006 to January 19, 2007.
- Notice of Extension of Comment Period (PDF) (3pp, 61k) Federal Register, Oct 24, 2006
EPA to Hold Hearing on Proposed Steps to Improve New Source Review
October 18, 2006 - EPA will hold a public hearing Nov. 6, 2006 on proposed changes to simplify the process owners and operators of existing facilities must follow when determining whether plans to modify their facility would trigger NSR requirements. EPA proposed the changes September 8, 2006.
The public hearing will begin at 9 a.m., Monday, Nov. 6 and continue until one hour after the last registered speaker has spoken. People wishing to present oral testimony must pre-register by 5:00 p.m. on November 3, 2006.
- Public hearing notice, including instructions for registering to speak (PDF) (2pp, 50k) Federal Register, Oct 23, 2006
EPA Proposes Steps to Improve New Source Review
September 8, 2006 - EPA is proposing to make three improvements to specific areas of the New Source Review (NSR) program. These improvements would apply to debottlenecking, aggregation, and project netting. These improvements would simplify the process owners and operators of existing facilities must follow when determining whether plans to modify their facility would trigger NSR requirements. This proposed rule covers the final set of recommendations from EPA's 2002 Report to the President on NSR (PDF) (34pp, 155k). In that report, EPA, in consultation with other federal agencies, recommended a series of clarifications to the NSR program to improve investment in utility and refinery capacity.
- Proposed Rule (PDF) (18pp, 131k) Federal Register, Sep 14, 2006
- Qualitative Environmental Analysis (PDF) (13pp, 119k)
- Fact Sheet (PDF) (3pp, 110k)
EPA Proposes Federal Implementation Plan for Tribal Lands
August 9, 2006 - EPA is proposing to help protect air quality in areas under tribal jurisdiction, without slowing the areas' economic growth. The proposed plan, known as a Federal Implementation Plan, or "FIP," would require new industrial facilities and facilities making modifications to apply for air quality permits. These facilities have not previously been subject to air permitting requirements in Indian country. Note: The comment period for this proposal has been reopened for an additional 60 days. The deadline for submitting comments is now March 20, 2007.
- Proposal (PDF) (56pp, 752k) Federal Register, Aug 21, 2006
- Fact sheet (PDF) (4pp, 43k)
EPA Proposes to Change Air Permitting Requirements for Corn Milling
Facilities
February 28, 2006 - EPA is proposing to apply the same air permitting
requirements to facilities that produce corn ethanol for fuel and to those
that produce corn ethanol for human consumption. EPA’s proposal
would provide equal treatment for all corn milling facilities that produce
ethanol. The Agency will accept comments
on this proposal for 60 days following publication in the Federal Register.
- Proposed rule (PDF) (11pp, 149k) Federal Register, Mar 9, 2006
- Fact sheet
2005
EPA Extends Comment Period, Announces Public Hearing for Proposed
Changes to New Source Review for Electric Generating Units.
November 18, 2005 - EPA has extended until February 17, 2006 the public
comment period on proposed changes to its New Source Review (NSR) permitting
program to provide nationwide consistency in how states implement the
program for electric generating units. EPA proposed the changes October
13, 2005 (see below). The Agency also will hold a public hearing on the
proposal December 9, 2005 at its offices in Research Triangle Park.
- Public Hearing Announcement and Comment Period Extension (PDF) (2pp, 56k) Federal Register, Nov 22, 2005
Proposed Changes to New Source Review for Electric Generating
Units.
October 13, 2005 - EPA proposed changes to its New Source Review (NSR)
permitting program to provide nationwide consistency in how states implement
the program for electric generating units. The proposed changes would
standardize the emissions tests used in NSR to determine if a physical
or operational change at a power plant would cause emission increases
that would require the plant to install additional pollution controls.
As the result of a recent decision from the Fourth Circuit Court of Appeals,
the emissions tests in five states and the District of Columbia now differ
from that used in the rest of the country.
- Proposed Rule (PDF) (23pp, 190 KB) Federal Register, Oct 20, 2005
- Fact Sheet (PDF) (3 pp, 22 KB)
Prevention of Significant Deterioration: Final Rule to Address
Emissions of Nitrogen Oxides.
September 29, 2005 - The current program to minimize the impact of nitrogen
oxides (NOx) emissions and prevent significant declines in air quality
in areas that meet EPA’s air quality standards will not change as
a result of a final rule issued by EPA. The program, known as Prevention
of Significant Deterioration (PSD), addresses the need to allow growth
while maintaining air quality in areas that are already clean. “Significant
deterioration” is defined as the maximum allowable pollutant concentration
increase - also known as an “increment” - above an existing
baseline concentration for an area. An increment is established for areas
(e.g., counties) that states designate as attaining national air quality
standards. Emissions increases are not allowed that cause the increment
to be exceeded for a given pollutant.
- Final Rule (PDF) (38 pp, 307 KB) Federal Register, Oct 12, 2005
- Fact Sheet (PDF) (2 pp, 24 KB)
EPA Completes Reconsideration on How New Source Review Applies
in 8-hour Ozone Nonattainment Areas.
June 30, 2005 - EPA took final action to reconsider how New Source Review
applies in 8-hour ozone nonattainment areas. EPA issued the Phase 1 rule
implementing the 8-hour ozone standard in April 2004. It addresses requirements
for NSR in 8-hour ozone nonattainment areas. This action is in response
to a Petition for Reconsideration submitted by Earthjustice on behalf
of seven environmental organizations.
After carefully considering all comments received, EPA determined that NSR requirements applying to large sources in nonattainment areas for the 8-hour standard are to be based on the area's classification for the 8-hour standard, not on the area's higher classification under the revoked 1-hour standard. In addition EPA determined that since the 1 -hour standard is no longer in effect, States may remove 1-hour major NSR programs from their state implementation plans.
- Final Rule (PDF) (14 pp, 115 KB) Federal Register, Jul 8, 2005
- Fact Sheet (PDF) (2 pp, 15 KB)
EPA Completes Reconsideration of New Source Review's Equipment
Replacement Provision
June 6, 2005 - EPA issued its final response on the reconsideration
of the Equipment Replacement Provision, or ERP, adopted as part of the
Agency's New Source Review (NSR) permitting program. This provision clarifies
what types of equipment replacements are exempt from major NSR requirements
under the Routine Maintenance, Repair and Replacement (RMRR) exclusion.
After evaluating the comments received during the reconsideration process,
EPA has decided to not change any aspect of the rule at this time. However,
the Agency has clarified a number of its positions in support of the ERP,
including the legal basis and support for selecting 20 percent for the
cost criterion. EPA continues to believe that its reforms to the NSR equipment
replacement provision ensure environmental protection and provide much
needed improvements to the NSR program. Learn more:
- Final Rule (PDF) (13 pp, 114 KB) Federal Register, Jun10, 2005
- Fact Sheet (PDF) (2 pp, 17 KB)
EPA Grants Reconsideration of the Application of New Source Review
Under the Ozone Implementation Rule
March 25, 2005 - EPA has issued a notice of proposed rulemaking to reconsider
how new source review applies under the phase 1 rule implementing the
national air quality standards for 8-hour ozone. This action is in response
to a petition for reconsideration submitted by Earthjustice on behalf
of seven environmental organizations. Learn more:
- Proposed Action (PDF) (10 pp, 98KB) Federal Register, Apr 4, 2005
- Fact Sheet
- Public Hearing April 18, 2005
EPA Proposes Rule to Address Emissions of Nitrogen Oxides in
Areas Meeting National Air Quality Standards
The Clean Air Act provides for the protection of air quality in clean
air areas of the country. One approach for protecting air quality in these
areas is the use of “increments.” Increments are measured
in terms of an air quality concentration of the pollutant (micrograms
of pollutant per cubic meter), and they limit the amount of degradation
of air quality in clean air areas.
On February 14, 2005, EPA proposed three options to meet the objectives of the Clean Air Act’s Prevention of Significant Deterioration (PSD) program for nitrogen oxides (NOx). These options include:
- retaining the existing increments for NOx–measured as nitrogen dioxide (NO2) in the ambient air as established in October 1988;
- allowing states that choose to implement an interstate cap and trade program for sources of NOx to rely on the benefits of that program in place of the existing increments to prevent significant deterioration of NOx air quality. EPA is currently considering establishing such a program known as the Clean Air Interstate Rule for the eastern U.S; or
- continuing to allow states to adopt their own planning strategies to show that PSD for NOx is satisfied through some combination of state and federal emissions controls that have been or will be adopted.
This proposed rule complies with a court order and the terms of a settlement agreement with Environmental Defense. EPA will accept comment on this proposal for 60 days following publication in the Federal Register (the proposal was published in the Federal Register on February 23, 2005, and the public comment period will closed on April 25, 2005).
- Proposed rule (PDF) (39pp, 273k) Federal Register, Feb 23, 2005
- Fact sheet summarizing the proposed rule
2004
EPA and Justice Department file Governments
briefs in lawsuits challenging the Agencys December 2002 rule revising
regulatory requirements for New Source Review
On August 9, 2004, EPA and the Department of Justice filed the Government's
brief in the lawsuits brought by states, local governments, industry and
environmental groups to challenge EPA's 2002 rule revising regulatory
requirements for New Source Review. The brief also defends challenges
to EPA's 1980 and 1992 NSR rules. The 2002 rule - which grew out of more
than 20 years of experience with the NSR program and over a decade of
working with states, industry, and environmental groups on NSR reforms
- provides greater regulatory certainty, increases flexibility and promotes
administrative efficiency, while ensuring the current (or a greater) level
of environmental protection.
Click on the links below to read the documents filed August 9.
- Cover sheet (PDF, 1 pp, 41 KB)
- Tables and Glossary (PDF, 18 pp, 127 KB)
- Brief of Respondent (PDF, 139 pp, 579 KB)
- Certificates (PDF, 8 pp, 108 KB)
EPA Grants Reconsideration of Certain Aspects of the Equipment
Replacement Provisions of the New Source Review Permitting Program and
Updates the Code of Federal Regulations
On June 30, 2004, the Environmental Protection Agency (EPA) granted a
request to reconsider certain aspects of the equipment replacement provision
or ERP adopted as part of the Agencys New Source Review (NSR) permitting
program. The Administrator received petitions for reconsideration from
a collection of environmental and public interest groups and a group of
states. Today's action opens a public comment period allowing further
public input on certain aspects of the NSR program. EPA is also issuing
a rule updating the Code of Federal Regulations to reflect the Courts
decision to stay the rule.
Follow the links below to read:
- Administrative stay (PDF, 4 pp, 106 KB) Federal Register, Jul 1, 2004
- Fact sheet summarizing the administrative stay (PDF, 1 pp, 24 KB)
- Reconsideration notice (PDF, 9 pp, 138 KB) Federal Register, Jul 1, 2004
- Fact sheet summarizing the reconsideration notice (PDF, 4 pp, 23 KB)
2003
Routine Equipment Replacement Rule Stayed 12/24/03
After EPA issued the final NSR Equipment Replacement rule, 14 states,
plus other governmental entities, and several public health/environmental
organizations filed suits in the Court of Appeals for the District of
Columbia Circuit challenging the rule. Some of these groups asked the
Court to prevent the rule from taking effect or "stay the rule"
until the challenges they raised in their lawsuits are resolved by the
Court. On December 24, 2003, the Court stayed the effective date of the
October 2003 Equipment Replacement NSR rules. As a result, the rule will
not become effective on December 26, 2003.
Routine Equipment Replacement Rule (final rule signed
8/27/03, published 10/27/03)
A final rule that provides certainty about when routine equipment replacement
activities require a detailed permit review was issued on August 27, 2003.
This final rule is part of the New Source Review (NSR) permitting program's
routine maintenance, repair and replacement exclusion.
This rule will provide the energy and manufacturing sector with greater regulatory certainty. Knowing what constitutes routine equipment replacement will help to ensure that industries maintain safe, reliable and efficient operations that minimize air pollution.
Click on the links below for more information about this final rule:
- Final Routine Replacement Rule (see errata memo below) (PDF, 34 pp, 250 KB) Federal Register, Oct 27, 2003
- Fact sheet summarizing the rule
(PDF, 3 pp, 37 KB)
- Errata memo (issued 10/9/03) (PDF, 6 pp, 339 KB)
- Proposed Routine Maintenance Rule (PDF, 25 pp, 149 KB) Federal Register, Dec 31, 2002
Reconsideration of December 2002 NSR Rule Changes
After reconsidering six specific issues related to the New Source Review
(NSR) rule finalized on December 31, 2002, EPA will not change any of
the six issues, but it will clarify two aspects of the final rule. Click
on the links below for more information about the issues under reconsideration
and EPA's response:
- Final Reconsideration Notice (PDF, 9 pp, 77 KB) Federal Register, Nov 7, 2003
- Fact Sheet Summarizing the Notice (PDF, 3 pp, 16 KB)
- EPA's Response to
Comments (PDF, 154 pp, 336 KB)
- Reconsideration Notice (PDF, 12 pp, 91 KB) Federal Register, Jul 30, 2003
- Fact Sheet Summarizing the Notice (PDF, 5 pp, 108 KB)
2002
December 2002 Improvements
In May 2001, The National Energy Policy Development Group, in its National
Energy Policy Report,
recommended that "the Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Energy and other relevant
agencies, review New Source Review (NSR) regulations, including administrative
interpretation and implementation, and report to the President on the
impact of the regulations on investment in new utility and refinery generation
capacity, energy efficiency, and environmental protection."
On June 22, 2001, EPA issued a background paper (PDF, 50 pp, 503 KB), giving an overview of the NSR program and how it relates to utility and refinery generating capacity, energy efficiency, and environmental protection.
As part of the NSR regulations review process, EPA held four public meetings across the country to take comment on the background paper and gather additional information.
On June 13, 2002, Administrator Whitman sent a letter to the President (PDF, 2 pp, 286 KB) transmitting EPA's Report to the President (PDF, 34 pp, 155 KB) and a separate New Source Review Recommendations document summarizing actions to improve the NSR program.
Click on the links below for more information about the December 2002 final and proposed rules.
- Final Rule (signed 11/22/02, published 12/31/02)
- Press Release Nov 22, 2002
- Final NSR Improvement Rule (PDF, 105 pp, 549 KB) Federal Register, Dec 31, 2002
- Myths and Facts About NSR (PDF, 4 pp, 73 KB)
- Summary of Supplemental Environmental Analysis of the NSR Final Rule (PDF, 2 pp, 78 KB)
- Supplemental Environmental Analysis of the NSR Final Rule (PDF, 182 pp, 1.6 MB)
- Response to Comments for the NSR Final Rule (PDF, 518 pp, 7.5 MB)
- Proposed