83 FR 13745 - Issuance of Guidance Memorandum, “Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program”

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 62 (March 30, 2018)

The Environmental Protection Agency (EPA) is notifying the public that it has issued the guidance memorandum titled ``Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program.''

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13745-13746]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06430]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9975-25-OAR]


Issuance of Guidance Memorandum, ``Project Emissions Accounting 
Under the New Source Review Preconstruction Permitting Program''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Issuance of guidance memorandum.

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SUMMARY: The Environmental Protection Agency (EPA) is notifying the 
public that it has issued the guidance memorandum titled ``Project 
Emissions Accounting Under the New Source Review Preconstruction 
Permitting Program.''

ADDRESSES: You may view this guidance memorandum electronically at: 
https://www.epa.gov/nsr/project-emissions-accounting.

FOR FURTHER INFORMATION CONTACT: Juan Santiago, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number: (919) 541-1084; and email address: 
[email protected].

SUPPLEMENTARY INFORMATION: On March 13, 2018, the EPA issued a guidance 
memorandum that addresses the accounting of emissions changes resulting 
from a project under Step 1 of the New Source Review (NSR) 
applicability process in the EPA regulations. Step 1 of the NSR

[[Page 13746]]

applicability process requires a determination of whether a proposed 
project will, by itself, result in a significant emissions increase. As 
explained in the memorandum, it is the EPA's interpretation that its 
current NSR regulations provide that emissions decreases as well as 
increases are to be considered at Step 1 of the NSR applicability 
process. This interpretation is grounded in the principle that the 
plain language of the Clean Air Act indicates that Congress intended to 
apply NSR to changes that increase actual emissions and the language in 
the corresponding NSR regulations is consistent with that intent.
    Prior EPA guidance had indicated that the relevant provisions of 
the NSR regulations preclude the consideration of emissions decreases 
at Step 1. For the reasons discussed in the memorandum, the EPA has 
revised its interpretation of the regulatory language and will no 
longer apply any such interpretation reflected in prior statements on 
this issue.

    Dated: March 13, 2018.
Panagiotis E. Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2018-06430 Filed 3-29-18; 8:45 am]
 BILLING CODE 6560-50-P