Primer on the New Source Review Modification Rule
Clinton administration enforcement initiative, which the Bush administration has continued, many facilities had not been too concerned with the modification rule or its possible ramifications. In fact, many of the recent EPA enforcement actions were brought for violations that occurred in the 1980s. Now, however, most utilities have taken notice—and the modification rule has become the most litigated Clean Air Act issue of this decade.
1. See 42 U.S.C. §§ 7411(a)(4), 7479(C).
2. EPA Memorandum of Don Clay, Applicability of Prevention of Significant Deterioration (PSD) and New Source Performance Standards (NSPS) Requirements to the Wisconsin Electric Power Co. (WEPCO) Port Washington Life Extension Project, at *3-7 (Sept. 9, 1988) available at http://www.epa.gov/ttn/nsr/psd1/p4_37.html.