Under the provisions of New Source Review applicants have a requirement to consider the potential impact of emissions from their new source on nearby Class I areas. These areas include national parks, wilderness areas and areas of national significance. Recently the discussion of current regulations protecting these national treasures has intensified due to two actions by the EPA on their behalf. First, the EPA proposed in the New Source Review Reform Package a new explanation of their obligation under Section 165 of the Clean Air Act. More recently, the EPA has proposed new regulations addressing State Implementation Plan (SIP) requirements that protect Class I areas from visibility impairment (Regional Haze Rule under Section 169A). The first action addresses requirements of applicants for new or modified emission sources, while the second action addresses requirements for existing sources that may already be impacting these areas. This paper discusses specific procedural and technical implications introduced by each of these actions.
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