The Nickel Report

Under the federal Clean Air Act, new major sources of air pollutants and major modifications to existing sources are required to obtain preconstruction permits, known as PSD permits, even when locating in an area that attains the National Ambient Air Quality Standards (“NAAQS”).  EPA’s proposed revisions to the NAAQS for fine particulate matter (“PM_2.5”) would make obtaining the required permit far more difficult.  EPA has indicated its intent to take final action on its proposal by the end of the year.  Permitting requirements for the revised PM_2.5 NAAQS would apply once that standard becomes effective.  Generally, new or revised NAAQS have been effective sixty days after notice of their promulgation appears in the Federal Register, although commenters have requested a longer period before any revised PM_2.5 NAAQS is effective.  These PSD permitting requirements can be triggered by emissions of PM_2.5 itself or by emissions of the PM_2.5 precursors nitrogen oxides and sulfur dioxide.

EPA sets and implements primary and secondary National Ambient Air Quality Standards (NAAQS) for six common air pollutants. Primary NAAQS protect the public health, while secondary NAAQS protect the public welfare. Secondary NAAQS have traditionally not been more stringent than primary ones, yet EPA’s staff and science advisors are developing recommendations that EPA promulgate such standards. Any new, more stringent secondary NAAQS would raise significant implementation questions.

Earlier this week, July 4, 2017, was the nation’s 241st birthday. In Washington, DC, and in countless other places across the country, the event was celebrated with dazzling fireworks displays. My childhood days are long behind me. But, a good fireworks display still evokes awe and gives me goose bumps. Although fireworks are synonymous with the 4th of July, Americans are not alone in their appreciation of fireworks. All across the globe—from Europe, to Asia, to South America and back again—fireworks are a universal symbol of celebration.