On November 29, 2005, Phase 2 of the final rule to implement the 8-hour Ozone National Ambient Air Quality Standard (NAAQS) was promulgated in the Federal Register (70 FR 71612). Among other issues, the final rule addresses reasonably available control technology (RACT) and reasonably available control measures (RACM), reasonable further progress (RFP), modeling and attainment demonstrations, and new source review (NSR) as they pertain to areas designated nonattainment for the 8-hour ozone NAAQS. Additionally, the final rule contains several revisions to the NSR program that are unrelated to the implementation of the 8-hour ozone standard. These unrelated revisions are intended to incorporate minor changes to the NSR program that have been proposed by EPA through various Federal Register notices over the last two decades. This article focuses on the changes made to the NSR program via the final rule.
The major NSR program is contained in Parts C and D of Title I of the Clean Air Act (CAA).1 NSR is a preconstruction program applicable to new and modified major stationary sources of air pollution located in attainment (Part C) and nonattainment (Part D) areas.2 The NSR provisions are codified in Title 40 of Code of Federal Regulations (40 CFR) Parts 51.165, 51.166, 52.21, 52.24, and Part 51 Appendix S. The provisions specific to nonattainment NSR are as follows:
- Part 51.165 - sets forth the minimum nonattainment NSR requirements that must be included in a state implementation plan (SIP)
- Part 52.24 - places certain statutory restrictions on the construction and modification of stationary sources in nonattainment areas
- Part 51 Appendix S contains the requirements for nonattainment NSR in the interim period between the designation of nonattainment areas and EPA's approval of NSR SIPs.