• Air

EPA Issues Final NSR Rules for "Reasonable Possibility in Recordkeeping"

Beveridge & Diamond, P.C., December 21, 2007

On December 21, 2007, EPA announced its final rule for recordkeeping and reporting requirements for major sources who determine that a project does not trigger New Source Review (“NSR”), but for which there is a “reasonable possibility” the project may result in a significant emissions increase.  72 Fed. Reg. 72607.  EPA clarifies the meaning of the “reasonable possibility” standard by adopting a bright-line test, under which certain recordkeeping and reporting requirements apply if the source’s projected increase in emissions -- including emissions attributable to demand growth and other independent factors -- equals or exceeds fifty percent of the applicable NSR significance level for that pollutant.  The rule is in response to a remand from the D.C. Circuit in New York v. EPA, 413 F.3d 3 (D.C.Cir. 2005).

For a complete summary of the new rule and its implications, please click here. 

For more information please contact David Friedland (dfriedland@bdlaw.com) or Jennifer Abdella (jabdella@bdlaw.com).