APPENDIX B
Congressional Mandate1

As soon as practicable after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall enter into a cooperative agreement with the National Academy of Sciences to evaluate the impact of the final rule relating to prevention of significant deterioration and nonattainment new source review, published at 67 Fed. Reg. 80186 (December 31, 2002). The study shall include

  1. increases or decreases in emissions of pollutants regulated under the New Source Review program;

  2. impacts on human health;

  3. pollution control and prevention technologies installed after the effective date of the rule at facilities covered under the rulemaking;

  4. increases or decreases in efficiency of operations, including energy efficiency, at covered facilities; and

  5. other relevant data.

The National Academy of Sciences shall submit an interim report to Congress no later than March 3, 2004, and shall submit a final report on implementation of the rules.

In 2004, following EPA’s promulgation of the equipment replacement rule, published in 68 Fed. Reg. 61248 (October 27, 2003), Congress amended the provision shown above to include an identical study of the equipment replacement rule. The National Academy of Sciences was required to issue an interim report by January 1, 2005. This report responds to that charge.

1

Conference Report on H.J. RES. 2, Consolidated Appropriations Resolution, 2003.



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New Source Review for Stationary Sources of Air Pollution APPENDIX B Congressional Mandate1 As soon as practicable after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall enter into a cooperative agreement with the National Academy of Sciences to evaluate the impact of the final rule relating to prevention of significant deterioration and nonattainment new source review, published at 67 Fed. Reg. 80186 (December 31, 2002). The study shall include increases or decreases in emissions of pollutants regulated under the New Source Review program; impacts on human health; pollution control and prevention technologies installed after the effective date of the rule at facilities covered under the rulemaking; increases or decreases in efficiency of operations, including energy efficiency, at covered facilities; and other relevant data. The National Academy of Sciences shall submit an interim report to Congress no later than March 3, 2004, and shall submit a final report on implementation of the rules. In 2004, following EPA’s promulgation of the equipment replacement rule, published in 68 Fed. Reg. 61248 (October 27, 2003), Congress amended the provision shown above to include an identical study of the equipment replacement rule. The National Academy of Sciences was required to issue an interim report by January 1, 2005. This report responds to that charge. 1 Conference Report on H.J. RES. 2, Consolidated Appropriations Resolution, 2003.