abstract:The New Source Review, (NSR) is a permitting process created by the US Congress in 1977 as part of a series of amendments to the Clean Air Act. The NSR process requires industry to undergo an Environmental Protection Agency pre-construction review for environmental controls if they propose either building new facilities or any modifications to existing facilities that would create a "significant increase" of a regulated pollutant.
In another case (EPA's safe harbor for routine maintenance under the NewSourceReview program), our action has been stayed by a federal court pending review of the rulemaking on the merits.
The NewSourceReview provision under the Clean Air Act, for example, is intended to prevent older coal-fired power plants from equipping their old units to produce more energy that release more pollutants.