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New Source Review Reconsideration Finalized

Release Date: 10/30/2003
Contact Information:


Contact: John Millett, 202-564-7842

(10/30/03) To ensure an effective and predictable regulatory process under EPA’s New Source Review (NSR) program, EPA is clarifying two aspects of the program that were finalized in December 2002.

In response to petitions from environmental groups and state and local governments, in July 2003 EPA reconsidered portions of the rule and requested further comment. As a result of this reconsideration, EPA is adding a definition of “replacement unit” and specifying that plant-wide applicability limitation (PAL) baseline calculation procedures for newly constructed units do not apply to modified units. Other than these clarifications, EPA did not change either the method of measuring emission increases when existing emission units are replaced or the method for assessing air emissions from process units built after the 24-month baseline period used to establish PAL emission limits.

The reconsideration process involved a 30-day public comment period and a public hearing. EPA kept the public comment period open an additional 15 days to solicit comments on information presented at the public hearing.

The NSR revisions that were finalized in December 2002 were necessary to provide regulatory certainty, remove barriers and create incentives for large industrial sources to modernize and improve performance through pollution prevention and improved energy efficiency. The NSR program regulates power plants and other industrial sources to ensure that the maintenance and modification of facilities stay within Clean Air Act permit limits, do not significantly change basic design, and do not increase pollution emitting capacity. For more information on the NSR program visit http://www.epa.gov/nsr .