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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

Please see www.epa.gov/nsr/ for the latest information on EPA's New Source Review program.

November 24, 1989 Court of Appeals Decision Upholding PSD "Actual-to-Potential" Applicability Rules Puerto Rican Cement Co., Inc. v. EPA, No. 89-1070 (1st Cir.) 2.32

This memo discusses the court's decision affirming EPA's position that, when a company makes a "physical or operational change" at an existing facility, there is a "major modification" subject to PSD review if a comparison of actual emissions before the change with potential emissions thereafter shows a significant net increase. A copy of the court's ruling is attached.

Notebook Entries: 4.43

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