• Coalition Comments Supporting EPA’s Revisions to the NSR Project Emissions Accounting Provisions

October 9, 2019

The U.S. Chamber of Commerce, National Association of Manufacturers, American Chemistry Council, American Forest and Paper Association, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Council of Industrial Boiler Owners, National Oilseed Processors Association, Portland Cement Association, the Air Permitting Forum, and the Auto Industry Forum (collectively the “Associations”) are pleased to submit these comments on the U.S. Environmental Protection Agency’s (“EPA” or “the Agency”) proposed rule on Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Project Emissions Accounting, 84 Fed. Reg. 39,244 (Aug. 9, 2019) (“Proposed Rule”). The Associations’ members own and operate facilities throughout the United States that are subject to Clean Air Act regulations, including the Prevention of Significant Deterioration (“PSD”) and nonattainment New Source Review (“NNSR”) (collectively “NSR”) preconstruction review and permitting requirements under Title I of the Act. Although the Associations believe that the existing regulatory language is most reasonably interpreted to ensure that the complete impacts of a project are taken into account in determining applicability of preconstruction permitting requirements, EPA’s proposal to make that result absolutely clear is an appropriate exercise of the Agency’s authority and is also the best way to ensure that states and regulated entities have the certainty needed to plan investment and promote the productive capacity of the population. Moreover, the interpretation of the existing regulations that EPA offered in its March 13, 2018 guidance memorandum and that is proposed to be codified/clarified in this action (“the PEA interpretation”) will result in significant emissions reductions that otherwise could be foregone.