Preliminary Steps Toward NSR Reform

On February 14, 2018, the House Committee on Energy and Commerce held a hearing on the Environmental Protection Agency's ("EPA") New Source Review ("NSR") permitting program as an initial step towards NSR reform.  See https://energycommerce.house.gov/hearings/new-source-review-permitting-challenges-manufacturing-infrastructure/.  Six witnesses presented testimony at the hearing, with four in favor of and two against reform.  There is wide anticipation that EPA will move to adopt some sort of reform of the NSR program, although exactly how and when is not known.  The EPA Administrator this past December issued a Memorandum to the EPA regional administrators providing guidance on "Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability," and it is expected that further guidance or rulemakings may be forthcoming.  In addition, it is expected that a new effort will be made to reform the program through