Extension of NSR Aggregation Policy Implementation

On February 9, 2009, EPA extended the effective date of the rule final rule modifying the New Source Review (NSR) air permitting program’s “aggregation” policy, to allow for further review. To allow time for the review and the reconsideration, EPA will stay the effective date of this rule for 90 days, until May 18, 2009.

In January 2009, EPA issued a final rule that revised its policy on “aggregation” as it relates NSR under the Clean Air Act. To determine whether NSR applies, this rule directs facilities and permitting authorities to combine, or aggregate, emissions from plant modifications when those projects are related.

NSR is a pre-construction permitting program to ensure ambient air quality standards (AAQS) are maintained when factories, industrial boilers, power plants, etc. are built or modified. The program requires appropriate emission control technology be installed at new or existing sources that are undergoing a major modification. Aggregation refers to the grouping of multiple, related physical or operational changes into a single project for evaluating requirements under the NSR program.

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