Pruitt Reins Back EPA “Second Guessing” in Enforcement

Posted by Eric L. Hiser, December 11th, 2017

On December 7, 2017, EPA Administrator Pruitt issued a memorandum to clarify how EPA will enforce the “projected actual emissions” (PAE) test due to uncertainties caused by the United States v. DTE Energy line of cases from the Sixth Circuit, discussed elsewhere in NSR Law Blog. The memorandum, “New Source Review Preconstruction Permitting Requirement: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability,” clarifies how the agency will treat industry projections and provides additional guidance on application of the “demand growth exclusion.”

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