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EPA/OAR RIN: 2060-AV62 Publication ID: Fall 2022 
Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting 
Abstract: This review of existing regulations is being conducted in response to a petition for reconsideration and a request for an administrative 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 the final rule (1) 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 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. Therefore, the Agency at its own discretion, is considering revisions to EPA’s NSR regulations that would address the issues raised in the submitted petition and comments on the Project Emissions Accounting rule. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 51    40 CFR 52   
Legal Authority: 42 U.S.C. 7401 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Tanya Abrahamian
Environmental Protection Agency
Office of Air and Radiation
RTP, NC 27701
Phone:919 541-5690