Proposed Revisions to the Clean Air Act’s New Source Review (NSR) Permitting Regulations
Posted by [email protected] on Oct. 21, 2022
The U.S. EPA Administrator signed a rule proposing revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. This action would require facility owners/operators of all existing industrial facilities considered “major sources” to include “fugitive” emissions of air pollutants when determining whether a physical or operational change at their facility is a “major modification” which would need a major NSR permit before starting construction. The permit would include required emission control measures to ensure that changes at the facility would not degrade air quality. EPA has reconsidered a 2008 rule requiring only certain types of industrial source categories to include fugitive emissions when determining whether a change is a major modification. EPA is proposing to fully repeal the 2008 rule. EPA also is proposing to remove a related exemption for modifications that would be considered major solely due to the inclusion of fugitive emissions. As a result of the proposed changes, all existing major stationary sources would be required to include fugitive emissions in determining whether a project is a major modification. EPA will accept comment on this proposal for 60 days after the notice is published in the Federal Register. A pre-publication version of the notice, along with a summary fact sheet are posted at: https://www.epa.gov/nsr/proposed-reconsideration-fugitive-emissions-rule
