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June 08, 2007

States question EPA's new New Source Review rule

Led by NY Attorney General Andrew Cuomo, AGs from 16 states have written to EPA in response to a proposed rule on record keeping and public information requirements for coal-burning and other industrial plants that EPA published in March in the Federal Register, according to Environmental Protection. The AGs want a tougher rule--one that

gives power plant operators less discretion to circumvent New Source Review (NSR) enforcement under the U.S. Clean Air Act. The NSR program requires older coal-burning power plants to install modern air pollution controls if they expand their operations and increase emissions. EPA was required to issue the rule in response to a 2005 decision by the D.C. Circuit in an action brought by New York and other states in June of 2005. The court sent back EPA regulations that it believed in effect did not require plants making modifications to track and report their emissions.

Posted by Holden Oliver (Kitzb├╝hel Desk) at June 8, 2007 12:59 AM


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