New York v. EPA (2006)

Multi-state challenge to 2002 EPA rule amending and expanding the routine maintenance, repair and replacement exceptions to the New Source Review program.

Citation: New York v. EPA, 443 F.3d 880 (D.C. Cir. 2006)

Topic: Air Pollution

Type of action: Lawsuit v. Federal Government

States involved: California, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Vermont, Wisconsin

Summary: Petitioners challenged an amendment to the Routine Maintenance, Repair, and Replacement Exclusion (RMRR) from New Source Review (NSR) requirements. The amendment, called the Equipment Replacement Provision (ERP), declared that the replacement of component parts with functional equivalents would be excluded from NSR review as long as the cost of the parts does not exceed 20% of the replacement value of the whole unit and it does not change the basic design parameters. The amendment was vacated because it was not consistent with the Clean Air Act (CAA) mandate to apply NSR to “any physical change” in a stationary unit.

Key documents:

• Decision
• Petitioners’ Brief