On October 22, 2020, the EPA finalized a rule to streamline and improve the Clean Air New Source Review (NSR) permitting process. It specifically clarifies the process to evaluate when an NSR preconstruction permit is required when an existing major emitter facility makes changes.
The EPA released a final memorandum on “Guidance on Plantwide Applicability Limitation (PAL) Provisions Under the New Source Review (NSR) Regulations” on August 5, 2020.
The EPA has issued a policy memo largely to accommodate industry concerns about the rigidity of the Clean Air Act’s (CAA) New Source Review (NSR) program, as it has been implemented by the Agency, as well as states with CAA permitting authority.
The EPA is proposing to amend its New Source Review (NSR) regulations (40 CFR 51.166 and 51.165) to allow the emissions decreases from a single project to be included in Step 1 of the NSR applicability test. The EPA has interpreted existing regulations to indicate that only emissions increases may be considered in Step 1, […]
The EPA’s proposed Affordable Clean Energy (ACE) rule (August 31, 2018, Federal Register (FR)) to regulate greenhouse gas (GHG) emissions from existing power plants includes a new approach to the Agency’s New Source Review (NSR) program.
A two-pronged effort—one by the EPA and one by Congress—is under way to reform the Clean Air Act’s (CAA) New Source Review (NSR) program. In December 2017 and March 2018, EPA Administrator Scott Pruitt issued two memorandums for Agency regional offices, which somewhat loosened the criteria for determining if NSR is required. Now, House Republicans […]
Referencing an opinion by the U.S. Supreme Court, the EPA is proposing to remove a restriction on when a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) permit may be rescinded. Specifically, the proposal would remove from 40 CFR 52.21(w) the provision indicating that a stationary source may request to have its PSD permit […]
Coal-Fired Utility NSR Violations Power plants and other major sources of air pollution in attainment areas are required to comply with NSR requirements for Prevention of Significant Deterioration (PSD) when constructing new sources and when making major modifications at existing sources. These requirements include installing best available control technology (BACT) and undertaking an air quality […]