New York v. EPA

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.

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

Key documents:

• Decision
• Petitioners’ Brief