EPA Responds to Petition Regarding Project Emissions Accounting Rule

In the October 18, 2021 issue of the Federal Register, the US Environmental Protection Agency (EPA) gave notice that it has responded to and denied a petition for reconsideration and administrative stay on the final rule “Prevention of Significant Deterioration and Nonattainment New Source Review : Project Emissions Accounting ”(“ Project Emissions Accounting Rule ”) from November 24, 2020.

 

The EPA is denying the petition on the grounds that it does not meet the criteria for mandatory reconsideration under § 307 (d) (7) (B) of the Clean Air Act. However, the EPA found that the petition identifies concerns that warrant further consideration and plans to initiate, at its own discretion, a rulemaking to consider revisions to the new source review regulations. The petition also requested withdrawal of the guidance memorandum “Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program” from March 13, 2018, and the EPA plans to consider if withdrawal or revision is necessary.