Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability
To provide certainty to companies as facilities plan projects that may change or expand their operations, former EPA Administrator Scott Pruitt has issued a memo to the agency’s 10 regional administrators clarifying the EPA’s current understanding of certain elements of Clean Air Act’s New Source Review (NSR) regulations and when they should apply to projects at facilities that may increase emissions. The primary purpose of the memo is to clarify that so long as a company complies with the procedural requirements of a preconstruction analysis, then EPA will not "second-guess" that analysis.