New Source Review : NACAA Positions| Related Documents| Related Links

New Source Review (NSR) is a permitting process conducted prior to the construction of a major stationary emission source. Modifications to a major source that will result in a significant net increase in emissions also require NSR permitting. The NSR process assures that construction in those areas in attainment of the national ambient air quality standards (NAAQS) will not lead to a deterioration in air quality, under EPA’s prevention of significant deterioration (PSD) provisions. NSR also accounts for specific local or regional requirements for areas in non-attainment of the NAAQS. The PSD provisions require installation of “Best Available Control Technology” (BACT), while non-attainment area provisions require installation of more stringent “Lowest Achievable Emission Reduction” (LAER). PSD permitting also requires an ambient air quality analysis using computer models, as well as an evaluation of the impacts on soils, vegetation, visibility, and Class I areas. The NSR requirements are pollutant specific. The pollutants to be reviewed depend on the increase of emissions of each pollutant. The applicability criteria are relatively complex. Many policy memoranda and guidance documents have been issued on applicability and implementation of these rules.

NACAA Positions

• NACAA Testimony on the American Clean Energy and Security Act (Waxman-Markey bill) (April 24, 2009)
  
• Change is in the Air: NACAA Recommendations to the New Administration on Improving Our Nation’s Clean Air Program (December 16, 2008)
  
• NACAA Comment Letter on EPA’s proposed Flexible Permit Rule (January 14, 2008)
  
• NSPS for Petroleum Refineries--NACAA Comments on EPA's Proposed Rule (August 24,2007)
  
• NSR: "EGU Supplemental"--Additional NACAA Comment (August 16, 2007)
  
• EGU Supplemental” Requiring Hourly Increases in Emissions for NSR Applicability--NACAA Comments (August 3, 2007)
  
• NSR Hourly Test—Testimony of NACAA delivered by John Paul (Dayton, Ohio) on EPA’s proposed rule on PSD and Nonattainment NSR: Emissions Increases for EGUs (June 29, 2007)
  
• NACAA's "Reasonable Possibility in Recordkeeping" Position (May 8, 2007)
  
• 8-Hour Ozone: NACAA Comments on Notice of Reconsideration of Phase 2 8-Hour Ozone Implementation Rule (February 2, 2007)
  
• STAPPA/ALAPCO Amicus Brief in Supreme Court, Duke Energy case (July 21, 2006)
  Our brief supports the position of Environmental Defense and the Southern Environmental Law Center, which are appealing a June 15, 2005 adverse ruling from the Fourth Circuit Court of Appeals. That ruling held that only those modifications of an existing utility that increase the hourly rate of emissions of a unit, rather than increasing actual tons per year of emissions, trigger new source review requirements. We are opposing this decision for the reasons set forth in the brief.
• STAPPA/ALAPCO Testimony on EPA's Proposed Rule Changing NSR Applicability for EGUs (December 8, 2005)
  This new source review (NSR) testimony will be delivered on December 9, 2005 by John Paul, President of ALAPCO on behalf of STAPPA and ALAPCO at a public hearing in Research Triangle Park. The associations strongly oppose EPA’s proposed rule changing the applicability test for modifications of existing electric generating units (EGUs) by triggering NSR requirements only when there is an increase in the hourly rate of emissions (the NSPS test) rather than an increase in actual annual emissions. This new source review (NSR) testimony will be delivered on December 9, 2005 by John Paul, President of ALAPCO on behalf of STAPPA and ALAPCO at a public hearing in Research Triangle Park. The associations strongly oppose EPA’s proposed rule changing the applicability test for modifications of existing electric generating units (EGUs) by triggering NSR requirements only when there is an increase in the hourly rate of emissions (the NSPS test) rather than an increase in actual annual emissions.
• STAPPA/ALAPCO Letter to House of Representatives Opposing H.R. 3893, the “GAS Act”, as Revised by Manager’s Amendment (October 7, 2005)
  
• STAPPA/ALAPCO Letter to House of Representatives Opposing H.R. 3893, the “GAS Act” (October 6, 2005)
  
• STAPPA/ALAPCO Comments on Proposed Rule on PSD NOx  Increments (April 25, 2005)
  
• STAPPA/ALAPCO Comment on EPA's Equipment Replacement Rule Reconsideration (August 30, 2004)
  
• STAPPA and ALAPCO’s Letter to Congress Opposing H.R. 4517, the United States Refinery Revitalization Act of 2004 (June 14, 2004)
  
• STAPPA/ALAPCO Testimony Before the Senate Democratic Policy Committee (February 6, 2004)
  
• STAPPA and ALAPCO Comments on NOx Regulations for PSD ( January 7,
  2004)
  
• STAPPA/ALAPCO Letter Supporting Edwards/Lieberman NSR Amendment to Appropriations Bill (September 29, 2003)
  
• STAPPA/ALAPCO Comments on EPA’s Reconsideration of December 31, 2002 NSR Final Rules (August 28, 2003)
  
• STAPPA/ALAPCO Oral Testimony at EPA’s NSR Reconsideration Public Hearing (August 14, 2003)
  
• STAPPA/ALAPCO letter to EPA regarding EPA' s NSR 'Reconsideration' announcement (August 7, 2003)
  
• STAPPA/ALAPCO Letter Supporting Edwards/Lieberman NSR Amendment to Energy Bill (July 29, 2003)
  
• STAPPA/ALAPCO Final Comments on EPA’s RMRR Proposal (May 1, 2003)
  
• STAPPA/ALAPCO Testimony at March 31, 2003 EPA Public Hearings on Proposed Revisions to Routine Maintenance Exclusion (March 28, 2003)
  
• STAPPA and ALAPCO’s Letter to Administrator Whitman Requesting Meeting with 'delegated' states on NSR (February 4, 2003)
  
• STAPPA/ALAPCO Letter to EPA Administrator Whitman Requesting a One-Year Extension to the Effective Date of the Final NSR Rule Revisions (January 16, 2003)
  
• STAPPA/ALAPCO Letter on the Issue of Preemption in EPA's New Source Review Recommendations (July 15, 2002)
  
• STAPPA/ALAPCO Congressional Testimony on CAA Implementation (June 5, 2002)
  
• STAPPA/ALAPCO Letter to EPA Administrator Whitman Regarding Administration's New Source Review (NSR) Reform Process (January 23, 2002)
  
• STAPPA/ALAPCO's Comments on CHP Guidance (December 12, 2001)
  
• STAPPA/ALAPCO's Comments on NSR before the National Academy of Public Administration (November 14, 2001)
  
• STAPPA/ALAPCO's Comments on NSR 90-Day Review Document (July 27,
  2001)
  
• STAPPA/ALAPCO's July 2001 NSR Testimony (July 23, 2001)
  
• STAPPA/ALAPCO's Final Comments on White Paper 3 (September 19, 2000)
  
• STAPPA/ALAPCO's Comments on EPA's Draft Guidance for NOx Control on Gas Turbines (September 15, 2000)
  
• STAPPA and ALAPCO August 17, 2000 Comments on EPA's Draft Tier 2 Offset Guidance (August 17, 2000)
  
• STAPPA and ALAPCO's Letter U.S. Senate Environment and Public Works Committee in Support of Increased Funding for EPA's BACT/LAER Clearinghouse (May 5, 2000)
  
• STAPPA/ALAPCO's Comments on EPA's New Source Review (NSR) Clean Unit Exemption (May 5, 2000)
  
• STAPPA and ALAPCO's Comments EPA's Preliminary Draft Guidance on BACT and LAER for Tier2/Gasoline Sulfur Refinery Projects (65 FR 16364) (May 2, 2000)
  
• STAPPA/ALAPCO's March 14, 2000 Letter to EPA Regarding NSR Reform (March 15, 2000)
  

Related Documents

• American Electric Power Company’s (AEP’s) Motion for a Stay, Filed in the Southern District Court in Ohio (November 10, 2005)
  
• Cinergy Corporation’s Motion for Summary Judgment in the “NSR Enforcement Initiative” Case (November 9, 2005)
  
• Proposed Rule for “Prevention of Significant Deterioration, Nonattainment NSR, and NSPS: Emissions Test for Electric Generating Units.” (November 4, 2005)
  
• Barton Manager's Amendment to H.R. 3893 "The Gasoline for America's Security Act"
  
• Order on Cross Motions for Partial Summary Judgment (Standing), National Parks Conservation Association v. TVA, (September 8, 2005)
  
• EPA Request for Rehearing in New York v. EPA on Clean Unit Provision of NSR (August 11, 2005)
  
• Final EPA Action on Petition to Reconsider Application of 1-Hour Ozone NSR Requirements under 8-Hour Ozone Standard (July 1, 2005)
  
• D.C. Circuit Court of Appeals Decision in State of New York v. EPA (June 24, 2005)
  
• Fourth Circuit Court of Appeals Opinion in EPA v. Duke Energy (June 15, 2005)
  
• EPA and Ohio Edison Settlement on NSR Case (March 18, 2005)
  
• EPA and Illinois Power Company Settlement on NSR Violation (March 8, 2005)
  
• National Academy of Sciences' Interim Report on NSR (January 13, 2005)
  
• EPA's Notice of Reconsideration of the Final Rule on Equipment Replacement (July 1, 2004)
  
• New York State's Opening Brief in New York v. EPA on NSR Reforms (May 25, 2004)
  
• Utilities' Opening Brief in New York v. EPA on NSR Reforms (May 25, 2004)
  
• Greenwire's Summary of the Legal Filings in New York v. EPA on NSR Reforms (May 25, 2004)
  
• Environmentalists' Opening Brief in New York v. EPA on NSR Reforms (May 25, 2004
  
• Bill Becker's briefing on NSR at the National Academy of Sciences’ National Research Council (May 24, 2004)
  
• EPA's NSR program Review Questionnaire (May 21, 2004)
  
• NSR Update Presentation (May 15, 2004)
  
• Update on PSD and NSR Activities - Presentation of Bill Harnett (EPA) at the CAAAC Meeting (March 23, 2004)
  
• Petition of Reconsideration of December 24, 2001 RMRR Rule (January 23, 2004)
  
• EPA Guidance Document for Using Locomotive and Truck Idling Emission Reduction for NSR Offsets (January 14, 2004)
  
• Summary of NSR History (November 7, 2003)
  
• NSR Update Presentation at the CAAAC Meeting (November 7, 2003)
  
• EPA's Routine Equipment Replacement Rule (October 27, 2003)
  
• CAAAC's Permitting/New Source Review/Toxics Subcommittee Notes (June 27, 2002)
  
• Administration's Energy Task Force Documents (April 11, 2002)
  
• EPA Draft Guidance on Source Determinations for Combined Heat and Power (CHP) Facilities (October 18, 2001)
  
• NSR 90-Day Review Background Paper (June 22, 2001)
  

Related Links

• Go to related links for more information about New Source Review

 

 

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