What You Need To Know About EPA's Recent Changes To Preconstruction Permitting Under The Clean Air Act

The New Source Review ("NSR") Program under the Clean Air Act ("CAA") requires new major stationary sources and existing major stationary sources making major modifications to undergo permitting prior to beginning construction; a process that could take several years and result in stringent emissions control technology requirements. Given its scope, the NSR Program may impact the development of a wide range of facilities across various sectors, including power plants, refineries, manufacturing facilities, and data centers, among others. The U.S. Environmental Protection Agency ("EPA") recently has announced a suite of policy developments and a forthcoming rulemaking that attempt to clarify when NSR preconstruction permitting is required and could limit the lead time for development of both new facilities and modifications at existing facilities.