EPA Denies Petition to Reconsider “Project Emissions Accounting” Rule – Update from Hiser Joy

On October 12, 2021, EPA Administrator Regan denied the January 22, 2021, petition for reconsideration and stay of the Project Emissions Accounting rule sought by the Environmental Defense Fund (EDF), the Natural Resources Defense Council (NRDC), the Environmental Integrity Project (EIP), the Sierra Club, and the Adirondack Council (collectively Environmental Petitioners). EPA found that it was not “impracticable” for the Environmental Petitioners to have raised their concerns during the public comment period. Despite its denial of the petition and requested stay, EPA stated that it would commence a rulemaking action to further consider the concerns raised in the petition and whether withdrawal or revision of the Project Emissions Accounting memorandum is appropriate.