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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

Timetable:

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 Email: abrahamian.tanya@epa.gov