“Second Guessing” Returns – Update from Hiser Joy
On December 9, 2022, EPA Administrator Michael Regan issued “New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability: Rescission of 2017 Memorandum.” As its title states, the December 9, 2022, memorandum rescinds “in its entirety” former Administrator Pruitt’s memorandum of […]