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ARTICLE · 26 OCTOBER 2022

Proposed Fugitive Emissions Amendments Bring Clarity To Major Source Permitting Requirements

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On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act's New Source Review (NSR)...

United StatesEnvironment
Daniel L. Robertson
Daniel L. Robertson

On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act's New Source Review (NSR) permitting regulations. The proposal seeks to repeal specific 2008 Clean Air Act (Act) amendments and require all existing major stationary sources to include fugitive emissions when determining whether a change at the source constitutes a major modification subject to NSR permitting requirements.

The USEPA's NSR program requires certain stationary sources to obtain air pollution permits prior to construction. The goal of the program is to ensure that air quality does not worsen in areas where the air is considered unhealthy (known as "non-attainment areas") or is not significantly degraded in areas where the air is considered clean ("attainment areas").

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