EPA 'Aggregation' Policy Shift May Help Facilities Avoid Strict NSR Permits

EPA is reverting to a 2009 definition of “project aggregation” for Clean Air Act permitting that may help facilities avoid stringent new source review (NSR) permits, because the revived policy uses several tests that make it easier to argue that facility activities should not be aggregated, or combined, and therefore are exempt from NSR permits. In a pre-publication Federal Register “final action” notice released Nov. 7, EPA ends an Obama-era stay of the 2009 policy that the previous administration...