U.S. EPA released a major new interpretation of "project
emission accounting" under New Source Review. Reversing the
Obama EPA position, U.S. EPA will now allow facilities in
determining whether a "project" will trigger New Source
Review to account for both projected increases and decreases at the
same time. Key to this approach is determining what emission units
are included in the project, and developing and tracking the
projection.
This new interpretation will be controversial and likely
challenged. Also, states are not bound by U.S. EPA's position
and can interpret the state New Source Review requirements in a
different manner.
Foley & Lardner LLP's expert environmental law team is
well versed in federal and state New Source Review and can readily
guide facilities through the often complex and confusing federal
and state requirements.
