2. AIR POLLUTION: EPA to review 3 NSR rules (Greenwire, 04/27/2009)

Robin Bravender, E&E reporter

U.S. EPA will reconsider three controversial power plant regulations finalized under the Bush administration, the agency announced today.

The agency plans to reconsider Bush-era New Source Review (NSR) regulations regarding how "fugitive" emissions are used to determine whether industries will be forced to upgrade air pollution controls, a rule addressing how facilities keep records on emissions and a rule governing how industries account for air emissions associated with fine particle pollution when obtaining a permit.

"EPA is reconsidering these rules to ensure that the public has an opportunity to fully review any recent changes that would impact the implementation of NSR," according to a statement issued today. The agency plans to publish a notice of proposed rulemaking in the Federal Register requesting comment on provisions of each of the rules.

The agency will review its rule on "fugitive emissions," which outlines how major industries must account for fugitive emissions -- those that come from sources other than smokestacks and vents -- when determining whether upgrades trigger New Source Review (NSR) rules under the Clean Air Act. NSR requires stationary sources to install new pollution controls when they are modified or upgraded in ways that increase their pollution outputs.

Industry groups welcomed the rule, which they said provided regulatory certainty for facilities, but environmental groups argued that the Bush EPA's rule would allow industry to avoid stricter regulations while increasing air pollution levels (Greenwire, Feb. 23).

Also under review are the EPA rule published in the Federal Register last December that addresses how facilities record their emissions and an NSR rule finalized last May that temporarily exempts coal-fired power plants from soot standards.

Environmentalists sued the agency last July over the soot rule, which addresses implementation of the NSR program for sources emitting fine particulate matter, or soot. Earthjustice filed a petition on behalf of the Sierra Club and the Natural Resources Defense Council arguing that allowing plants to emit fine particles for a three-year "transition" period while the agency develops a better test method would allow dangerously high soot emissions (E&ENews PM, July 15, 2008).

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