New Source Review/Prevention of Significant Deterioration Overview and Update on NSR/PSD 'Modification' Issues

摘要

Determining whether a modification to an air pollution source is a "major modification" requiring review under Prevention of Significant Deterioration regulations, or new source review for nonattainment areas (PSD/NSRN) presents many complex issues. The regulations are not always clear, requiring resort to secondary materials. Moreover, EPA has begun an enforcement initiative against companies that have allegedly made major modifications without undergoing PSD/NSRN. Currently, EPA is considering an overhaul of the PSD/NSRN regulations-the first major rewrite in almost 20 years. Regardless of the nature of the reforms, the current requirements remain in force and will have continued relevance in enforcement cases in years to come.