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New Source Review

Fact Sheet -- Approval and Promulgation of Wisconsin New Source Review Reform Reform Regulations: Denial of Petition for Reconsideration


  • On January 19, 2010, the Environmental Protection Agency (EPA) responded to a petition from the Natural Resources Defense Council (NRDC) and Sierra Club (SC). Their petition requested that EPA reconsider and stay of certain parts of Wisconsins State Implementation Plan (SIP). The Wisconsin Department of natural Resources revised the SIP to incorporate EPAs New Source Review Reforms of 2002. EPA approved the SIP revision on December 17, 2008.
  • The petition for reconsideration raised three objections with Wisconsins SIP claiming that it:
    1. violates the rulemaking requirements of Clean Air Act section 307 and denied the public notice of the basis for EPAs decision and the opportunity to comment on it;
    2. interferes with attainment and reasonable further progress toward attaining National Ambient Air Quality Standards; and
    3. allows backsliding possible air quality degradation in nonattainment areas.
  • After carefully reviewing the petition for reconsideration, EPA has denied it. The Agency determined that each of the objections failed to meet one or both of the two statutory prerequisites to the reconsideration requirement:
    1. that objections raised were impractical to raise during the public comment period and
    2. are of central relevance to the outcome of the rule.
    EPA also denied NRDCs request for a stay of the final rule approving the State of Wisconsins plan.


  • The January 19, 2010, response to NRDC/SC petition and today’s notice of EPA’s decision denying the petition may be found at EPA's website at: www.epa.gov/nsr/actions.html.
  • The final Approval of Wisconsin’s NSR Reform Regulations implementation rule published in the Federal Register on December 17, 2008 (73 FR 76560) is also available at EPA’s website at: www.epa.gov/nsr/actions.html.
    • Publicly available docket materials are available in hard copy at:  Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.  This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.  We recommend that you telephone Danny Marcus, Environmental Engineer, at (312) 353–8781 before visiting the Region 5 office.  Hours of operation are 8:30 a.m. to 4:30 p.m. eastern standard time, Monday through Friday, excluding Federal holidays.
    • Visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log.  All visitor materials will be processed through an X-ray machine as well.  Visitors will be provided a badge that must be visible at all times.
    • Supporting information for this action can be accessed under Docket ID No. EPA–R05–OAR–2006–0609.
  • For general information about our denial of the petition for reconsideration, please contact David Painter of EPA's Office of Air Quality Planning and Standards at (919) 541-5515, or painter.david@epa.gov.


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