Eric L. Hiser, Esq.
On December 20, 2019, EPA published a proposed NSR Corrections Rule to make a number of corrections to the various NSR programs including 40 C.F.R. sections 51.165 (state SIP major source new source review requirements in nonattainment areas (also known as NNSR), 51.166 (state SIP authorized PSD programs, 52.21 (federal PSD program), and 40 C.F.R. Part 51, Appendix S (Offset Interpretive Ruling – federal stop gap NNSR program). The EPA stated that “The corrections generally address inadvertent errors and do not alter the substantive requirements of the NSR regulations. Other proposed changes simply reflect statutory changes enacted by Congress which have already been applied in practice or changes that have been necessitated by court decisions. Thus, the EPA considers the proposed rule to be administrative in nature.” Comments are due January 20, 2020.