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An Environmental Protection Agency proposal to revise certain regulations in the Clean Air Act could become final in the next few months, affecting certain manufacturers’ operations (The National Law Review). 
 
What’s going on: In May, the EPA published proposed revisions to “the Clean Air Act’s New Source Review preconstruction permitting program regulations, [which] would affect project emissions accounting, a process used to determine whether a modification at an existing facility triggers NSR permitting.” 

• The rule, which could be finalized in coming months, would “revise the definition of ‘project,’” mandate that decreases in emissions included in the first step of the project’s accounting process be “enforceable” and broaden “monitoring, recordkeeping and reporting requirements.”  

Why it’s important: “These proposed revisions are a ‘solution’ in search of a ‘problem’ that will make NSR permitting harder than ever for no regulatory benefit,” according to the National Law Review.  

• The changes will require industry to invest more time and money into compliance and increase the length of time necessary to finish the NSR permitting process, delaying projects.  

Who’s affected: If finalized, the rule will apply to all major stationary sources of air pollution “in all industry categories” and all air pollution control agencies at the state, local and tribal levels responsible for issuing preconstruction permits “pursuant to the major NSR programs.” 
 
The NAM’s take: “This revision is part of a trend at the EPA: issuing burdensome reporting and permitting requirements that affect all industries and infringe on states’ ability to make timely decisions when it comes to projects,” said NAM Director of Energy and Resources Policy Michael Davin.

• “We urge the EPA to step back from this trend and not push regulations that will compound permitting delays.”