New Source Review
Policy and Guidance
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Guidance on the Applicability of the January 22, 2013 Circuit Court Decision on PM2.5 Significant Impact Levels and Significant Monitoring Concentration
March 4, 2013 – The EPA is providing a Question and Answer document communicating the EPA’s preliminary answers to the most common questions arising from the Court’s decision to vacate provisions concerning the PM2.5 SILs and SMC from the PSD regulations.
- Questions and Answers (PDF) (5pp, 99k)
The EPA has also posted to its SCRAM website draft guidance addressing the EPA’s recommendations for completing the air quality analysis for fine particle pollution to support PSD permitting decisions.
- Draft Guidance for PM2.5 Permit Modeling (PDF) (114pp, 4.6 MB)
Guidance on the Applicability of the 6th Circuit Court of Appeals Summit Decision to EPA NSR and Title V Source Determinations
December 21, 2012 - This memorandum explains the applicability of the Summit Petroleum decision by the 6th Circuit Court of Appeals to states within and outside the 6th Circuit (KY, MI, OH, TN).
- Summit Decision Memo (PDF) (2pp, 118k)
Revised Policy to Address Reconsideration of Interpollutant Trading Provisions for Fine Particles (PM2.5)
July 21, 2011 - This memorandum announces a change in EPA's policy concerning the development and adoption of interpollutant trading (offset) provisions for PM2.5 under state nonattainment area New Source Review programs. EPA no longer supports the ratios provided in the preamble to the 2008 PM2.5 New Source Review Implementations Rule as presumptively. Any ratio involving PM2.5 precursors submitted to EPA for approval for use in a state's interpollutant offset program for PM2.5 nonattainment areas must be accompanied by a technical demonstration that shows the net air quality benefits of such ratio for the PM2.5 nonattainment area in which it will be applied.
- Interpollutant Trading Memo (PDF) (5pp, 372k)
Guidance on the Implementation of the 1-hour SO2 Primary Air quality Standards for the Prevention of Significant Deterioration Program
August 23, 2010 - To facilitate Clean Air Act permitting of new and modified major stationary sources, EPA issued a guidance memorandum for implementing the new 1-hour Sulfur Dioxide (SO2) National Ambient Air Quality Standard under the Prevention of Significant Deterioration permitting program.
- Guidance (PDF) (19pp, 1.4 MB)
Guidance Concerning the Implementation of the 1-hour NO2 NAAQS for the Prevention of Significant Deterioration Program
June 29, 2010 - To facilitate Clean Air Act permitting of new and modified major stationary sources, EPA issued two guidance memoranda for implementing the new 1-hour Nitrogen Dioxide (NO2) National Ambient Air Quality Standard under the Prevention of Significant Deterioration permit program. These memoranda recommend an interim significant impact level for the 1-hour NO2 standard and provide modeling guidance for estimating ambient NO2 concentrations and determining compliance with the new 1-hour NO2 standard.
- Guidance Memoranda (PDF) (29pp, 2.1 MB)
Agency Completes Reconsideration of GHG Permitting Policy
March 29, 2010 - EPA has completed its reconsideration of the December 18, 2008 memorandum entitled EPAs Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program the so-called Johnson memo. The final action confirms that any new pollutant that EPA may regulate becomes covered under the PSD program on the date when the EPA rule regulating that new pollutant takes effect. It then clarifies that for GHGs that date will be January 2, 2011 when the cars rule is expected to take effect.
Letter About EPA Greenhouse Gas Permitting Plans
February 22, 2010 - U.S. EPA Administrator Lisa P. Jackson issued a letter responding to an inquiry from eight U.S. Senators about the Agencys plans for addressing greenhouse gases in 2010.
- Letter (PDF) (6pp, 1.8 MB)
Agency requests comment on GHG permitting guidance under reconsideration
September 30, 2009 - EPA is requesting public comment as the agency reconsiders the December 18, 2008 memorandum entitled EPAs Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program. This interpretive memo, from then-EPA Administrator Stephen L. Johnson to the EPA Regional Administrators addressed when the Prevention of Significant Deterioration program applies to carbon dioxide, a chief greenhouse gas, and other GHGs.
EPA Reconsiders PSD Memo
February 17, 2009 - EPA will reconsider former Administrator Johnson's 12/18/08 memo on the scope of the Prevention of Significant Deterioration permitting program. The Agency will issue a notice requesting public comment on the issues raised in the memo as well as the issues raised in the Environmental Appeals Board opinion regarding the Deseret Power permit.
EPA Issues Memorandum Interpreting PSD regulations
December 18, 2008 - EPA has interpreted the Agency rules that describe what air pollutants are subject to the federal Prevention of Significant Deterioration (PSD) program, which is the New Source Review program that applies in areas meeting national air quality standards. Learn more:
- Memorandum Interpreting PSD regulations (PDF) (19pp, 1.7 MB)
Implementing New Source Review Requirements in PM-2.5 Nonattainment
This guidance covers implementation of new source review in fine particle nonattainment areas in the interim between the effective date of the designations under the PM2.5 National Ambient Air Quality Standards (April 5, 2005) and the promulgation of regulations to implement nonattainment major NSR for the PM2.5 standards in PM2.5 Implementation Rule. Learn more:
- Interim Guidance (PDF) (5pp, 20k)
A new, full-document-searchable compendium of NSR policy and guidance has been developed by EPA Region 7 and is accessible by clicking on the link below. At present the Region 7 database must first be downloaded and then opened in and searched by Adobe Acrobat. Region 7 updates the database on a regular basis; new documents will be added to the Web site as they become available.
Please verify with the issuing regional and/or state permitting authority that the policy or guidance document applies to your circumstances.