The U.S. Environmental Protection Agency (EPA) has issued an advanced notice of proposed rulemaking outlining an approach to carry out statutorily required periodic reviews of new source performance standards (NS PS). 76 Fed. Reg. 65,653 (10/24/11). Under the proposal, EPA would forgo reviews of the standards if it finds the current level of control is appropriate, no new or modified sources are expected in the next eight years, or more stringent Clean Air Act (CAA) standards exist for the sources. The CAA requires EPA to review NS PS every eight years and revise them if necessary, although under section 111, a review may not be “appropriate in light of readily available information on the efficacy of such standard.” EPA will accept comments on the proposal until November 23, 2011.
The proposal was developed to comply with Executive Order No. 13,563, “Improving Regulation and Regulatory Review,” issued on January 18, 2011. The order requires each federal agency to “periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives.”