1. NSR Update The Big Picture Federal NSR Reform 2002-2006 PA NSR Reform –Harry @Klodowskilaw.com –(724) 940-4000

2. The Big Picture: (Any yahoo can kill any project) Plan Approvals Last 18 months Plan Approvals – Appeal to EHB (16-36 months to decide) EHB dispositions Right of Appeal to PA Commonwealth Court (6-18 months for decision)

3. Big Picture, Part 2: Aggravating Factors Anyone has “standing” in EHB EHB bias to “little guy” Free Lawyers provided by Anti- development groups Financing not available during Appeal

4. What to Do Expect Appeal of all Approvals Move fast – any delay can kill you Influence those bankrolling appeals? Change the Regulations –Life of permit –standing

5. Federal NSR Reforms 1 December 31, 2002 “NSR Improvements’ Challenged by NE States NY vs. EPA 413 F.3d3(D.C. 2005) Actual to PF Actual, 10 year PCP, Clean units, vacated Effective Now! PA-PSD, OH, WV

6. Federal NSR Reforms 2 October 23, 2003 RMRR Routine Maintenance & Repair Exemption Case-by-case, using 1980 IRS (2 to 18%) Vacated, NY vs. EPA (D.C. 03/17/06) “Old Rules” continue

7. Federal NSR Reforms 3 September 14, 2006 – –Debottlenecking –Aggregation –Project netting 71 FR 54235 (10/23/06) Public Hearing 11/06/06 Written comments 11/13 or 12/6 Lawsuits