MoreThe EPA on Wednesday, March 31, 2010, announced it is
proposing to abrogate the late-term change to the agency's New Source Review
(NSR) permitting program under the Bush Administration. The rule changed the
way existing industrial facilities combine upcoming construction projects,
effectively allowing facilities to make unrelated upgrades to various parts of
the facility without tripping the NSR provisions of the Clean Air Act.
In a press release, the EPA said it is concerned that the changes made last year to its aggregation policy would make the agency's permitting program less effective, allowing facilities to increase emissions that may impact air quality without a thorough review.
The new proposal responds to a petition to reconsider the 2009 rule brought by several environmental groups. The 2009 rule directed facilities and permitting authorities to combine emissions from construction projects only when the changes are "substantially related," such as having more in common than the timing of construction.
The EPA is proposing to go back to its original policy, which required combining projects based on a broader range of factors.
EPA also is proposing to extend the effective date of the 2009 aggregation rule for an additional six months, to give the agency time to complete the reconsideration.
The agency said it will take comment on the proposal rule for 30 days after it is published in the Federal Register.
In a press release, the EPA said it is concerned that the changes made last year to its aggregation policy would make the agency's permitting program less effective, allowing facilities to increase emissions that may impact air quality without a thorough review.
The new proposal responds to a petition to reconsider the 2009 rule brought by several environmental groups. The 2009 rule directed facilities and permitting authorities to combine emissions from construction projects only when the changes are "substantially related," such as having more in common than the timing of construction.
The EPA is proposing to go back to its original policy, which required combining projects based on a broader range of factors.
EPA also is proposing to extend the effective date of the 2009 aggregation rule for an additional six months, to give the agency time to complete the reconsideration.
The agency said it will take comment on the proposal rule for 30 days after it is published in the Federal Register.
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