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EPA/AR

RIN: 2060-AL75

Publication ID: Fall 2007

Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking, Aggregation and Project Netting
Abstract: This project will revise rules governing the major new source review (NSR) programs mandated by parts C and D of title I of the Clean Air Act (CAA). The new regulations will clarify and codify our policy of when multiple activities at a single major stationary source must be considered together for the purposes of determining major NSR applicability ("aggregation"). Also, we are changing the way emissions from permitted emissions units upstream or downstream from those undergoing a physical change or change in the method of operation are considered when determining if a proposed project will result in a significant emissions increase ("debottlenecking"). Finally, we are clarifying how emissions decreases from a project may be included in the calculation to determine if a significant emissions increase will result from a project ("project netting"). When final, these rules will improve implementation of the program by articulating and codifying principles for determining major NSR applicability that we currently address through guidance only. These rule changes reflect the EPA's consideration of the EPAs 2002 Report to the President and its associated recommendations as well as discussions with various stakeholders including representatives of environmental groups, State and local governments, and industry.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 51.165 40 CFR 51.166 40 CFR 52.21
Legal Authority: 42 USC 7401 et seq

Legal Deadline: None

Statement of Need: The current New Source Review program provides for emissions from multiple projects to be aggregated (aggregation) as one single project under certain circumstances. Similarly, when making a PSD applicability calculation, emissions from units whose effective capacity and potential to emit have been increased as a result of a modification to another unit (debottlenecked units), must be included in the initial PSD applicability calculations. Specific questions regarding the application of these two terms have been addressed on a case-by-case basis. By completing this rulemaking, regulated entities and regulatory agencies will be provided an additional level of certainty in addressing applicability issues.

Summary of the Legal Basis: 42 USC 7411(a)(4)

Alternatives: Alternatives will be developed as the rulemaking proceeds.

Anticipated Costs and Benefits: We are not able to provide quantitative estimates of the costs and benefits of this rule because of our inability to specifically identify the quantity, types, and locations of sources that will utilize this rulemaking in the future, and the difficulty in specifically quantifying the difference in environmental outcomes that would result with and without the rule. Qualitatively, our analysis indicates that we do not expect this rule to add to the costs of the program, nor do we expect that the environmental benefits of the program would significantly change as a result of this rulemaking.

Risks: Risk information cannot be developed for this rule for the same reasons mentioned above regarding costs and benefits.

Timetable:

Action	Date	FR Cite
NPRM	09/14/2006	71 FR 54235
Final Action	06/00/2008

Additional Information: SAN No. 4793; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/September/Day-14/a15248.htm;
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Dan Deroek Environmental Protection Agency Air and Radiation C504-03, RTP, NC 27711 Phone:919 541-5593 Fax:919 541-5509 Email: deroek.dan@epa.gov Lisa Sutton Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code E143-01, Research Triangle Park, NC 27711 Phone:919 541-3450 Email: sutton.lisa@epa.gov