New source review

The process of evaluating air emission permit apphcations for large sources which are subject to federal permitting requirements is called New Source Review (NSR) and can be quite complicated, taking from six mouths to four years to complete. An NSR application would be required for a new source which could emit 100 tons per year or more of any criteria pollutant, after accounting for any air pollution control equipment. 

Emission reduction credits can also be used to offset emissions increases under New Source Review, Prevention of Significant Deterioration, and Base Realignment and Closure. 

Should clean coal plants meeting more stringent new source review standards be differentiated from older plants grandfathered to lesser requirements in an energy-environmental matrix Restated, should operational distinctions used for other renewable sources and natural gas also be made for coal plants for the purpose of environmentally based price differentiation ... 

Although many limits are implemented at the state level, there are national guidelines that serve as a basis for more specific limits. Sources that are considered major under the CAA are subject to prevention of significant deterioration (PSD) or new source review (NSR). Both PSD and NSR are permit programs for facilities that were constructed or modified after a certain date. 

Cracking (FCC) units have been established through consent decree between the EPA and the rehnery or by the application of new source review (NSR) provisions of the Clean Air Act when making rehnery modihcations that result in a signihcant emission increase. NSR standards require facilities to apply best available control technology (BACT) in ozone attainment areas and the lowest achievable emissions rate (LAER) in ozone nonattainment areas. In addition, in mid-2009, the U.S. EPA revised the Standards of Performance for Petroleum Rehneries (40 CFR 60 Subpart Ja) to include NO, standards for process heaters and FCCUs. 

Minor Source Preconstruction Permits Commonly after the application of air pollution controls the emissions associated with new facilities or modifications of existing facilities will be less than the emissions thresholds necessary to trigger PSD or nonattainment new source review. In such instances, a minor source preconstruction permit is required from the state permitting authority and new source performance standards (NSPS) apply. 

The guideline recommends air quality modeling techniques that should be applied to State Implementation Plan (SIP) revisions for existing sources and to new source reviews (NSRs), including prevention of significant deterioration (PSD). In addition the guideline serves to identify, for all interested parties, those techniques and databases that EPA considers acceptable. Dispersion models, while uniquely filling... 

In 1977, this Act was amended to extend the deadline of meeting the motor vehicle emissions standards. These amendments also made a first attempt to control stratospheric ozone and created the New Source Review, which required older grandfathered facilities to install pollution control technologies as they modernized. 

An area may be in an attaiiunent status for one pollutant and in a nonattainment status for another pollutant. In most areas, PSD authority has been assigned to either the state or local jurisdiction. The use of the Best Available Control Technology (BACT) is required for each pollutant and is based on the emission level and capital and operating costs. Regulations in non-attainment areas are required to meet the EPA s New Source Review (NSR) regulations. 

The EPA applies NESHAP, as well as other classifications, in defining an emitter s standing under the Title V program. Where new sources of emissions are created, or where existing sources are modified, other regulations (including both new source review (NSR) and new source performance standards [NSPS]) must be considered. 

Importantly, CSA would have reversed several major provisions of the Clean Air Act - including the New Source Review program (see NSR review on p.l5) and the right of one state to sue another over windblown pollution. As the CATE concluded ... 

CSA repeals or significantly weakens many provisions of existing law that have protected health and the environment since the enactment of the 1970, 1977, and 1990 Clean Air Act (CAA) amendments, including Interstate air pollution protections New Source Review requirements Air Toxics controls applicable to the electric power industry Provisions designed to bring air quality into attainment with national standards and to protect areas from air quality degradation The deadlines by which states must attain national air quality standards and Visibility protections for National Parks. ... 

Nitrogen Oxide (NO,) Sulfur Dioxide (SO3) Mercury (Hg) Carbon Dioxide (CO2) New Source Review Effect on other CAA Programs... 

Bush Clear Skies Act S.485 2.1 million ton cap by 2008 1.7 million ton cap by 2018 4.5 million ton cap by 2010 3 million ton cap by 2018 34 tons per year by 2010 (trading allowed) 15 tons per year by 2018. Sources can avoid emission reductions through mercury emissions credit trades No limit on CO2 emissions Would practically eliminate new source review for new and existing power plants Would eliminate visibility and interstate air pollution protections, delay attainment of NAAQS and repeal power plant air toxics controls... 

EPA 2001 Proposal 1.87 million ton cap by 2008 1.25 million ton cap by 2012 2 million ton cap by 2010 24 ton cap by 2008 7.5 ton cap and a 70% facility-specific reduction requirement by 2012 No limit on COj emissions Would repeal new source review for existing power plants Would replace nearly every CAA program applicable to power plants except NAAQS... 

The National Energy Plan calls for a reversal of the Clean Air Act s New Source Review program (targeted in Clear Skies) assumes the need to build at least 1,300 new power plants, mostly fueled by coal and natural gas, over the next 20 years excludes carbon dioxide from a three-pollutant power plant emissions policy and interferes with pending Clean Air Act enforcement cases by ordering a Justice Department review. ... 

H. 5201, passed in 2003, urges the federal government to block the implementation of ERA rules which will weaken the New Source Review provision of the Clean Air Act the bill also takes action to further restrict emissions from power plants. ... 

Turner, T. November 2003. Background New Source Review. www.earthjustice.org/background. 

The New NO, Requirements. The CAA as amended in 1990 set new NOx requirements for major stationary sources under Title I. The new NOx requirements are reasonably available control technology (RACT) for existing major stationary sources of NOx ind new source review (NSR) for new/modified major stationary sources. Title I also requires any additional control measures as needed to demonstrate attainment of the NAAQS. These NSR, RACT, and attainment demonstration requirements are summarized elsewhere in this paper and described in more detail in EPA s NOx Supplement to the General Preamble (3). 

In the case of new major stationary sources, the states try to stay or come into attainment through the New Source Review (NSR) program. The NSR program, sometimes called preconstruction permitting, addresses emissions fi om new major stationary sources ... 

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