The American Public Power Association recently filed comments with the U.S. Environmental Protection Agency in two rulemaking dockets.
In comments on the EPA’s proposed revisions to the 2024 Coal Combustion Residuals Legacy Rule, APPA generally supported EPA’s effort to move the federal CCR regulations toward a more practical, site-specific, and risk-based framework.
The proposal appropriately recognizes that CCR units, historical management practices, and beneficial uses do not all present the same level of risk or warrant a one-size fit all regulatory treatment.
APPA also filed comments on EPA’s proposed revisions to the “Begin Actual Construction” rule, which would amend EPA’s New Source Review (NSR) regulations to expand the types of activities that may occur before an NSR permit is issued.
In other recent news related to the NSR, on July 1, the EPA issued guidance clarifying how utilities can meet Clean Air Act (CAA) nonattainment New Source Review (NNSR) offset requirements.
The guidance focuses on when and how emission reduction credits (ERCs) must be secured and made federally enforceable.
EPA clarifies that permits may be issued before offsets are secured, provided enforceable conditions ensure offsets are in place before operation.
EPA’s guidance provides meaningful permitting flexibility by allowing NNSR permits to be issued before offsets are secured. However, it does not reduce the underlying obligation to obtain enforceable emission reductions. Instead, it shifts the key constraint from the permitting stage to the operational stage, APPA noted.
