4. POLICY POSITION IN SUPPORT OF NEW SOURCE REVIEW (NSR)

BACKGROUND

New Source Review is a provision of the Clean Air Act (CAA) that requires state-of-the-art pollution controls be installed on new, large industrial facilities and on facilities that undergo major renovations or expansions.  However, if plants’ owners perform “routine maintenance” and/or does not increase the emitting capability of the facility then the facility is not subject to increased pollution control requirements.  There has been controversy over the specifics of “routine maintenance” and over when an emissions increase occurs, and the Environmental Protection Agency (EPA) has attempted to cope with this.   

RECOMMENDATION

The Southern Legislative Conference of The Council of State Governments (SLC) urges the EPA to defend vigorously its reforms of the New Source Review program because they provide better definition to activities covered by NSR and are improvements that enhance the environment, while encouraging efficiency and fuel diversity.  These reforms allow routine maintenance, repair, and replacement activities, and do not weaken the Clean Air Act programs that are intended to protect public health and the environment.