New EPA Permitting Guidance Will Allow For Faster Construction Of Manufacturing Facilities

On Sept. 9, the U.S. Environmental Protection Agency (EPA) announced new guidance on New Source Review (NSR) preconstruction permitting requirements that should simplify the permitting process for certain infrastructure projects, including manufacturing facilities. In a press release, the EPA said the guidance will “provide much needed clarity for the buildout of essential power generation and reshoring of manufacturing.”

More specifically, the EPA intends to revise the definition of what it means to “begin actual construction” for NSR preconstruction permitting in order to allow companies to build or update non-emitting sections of power plants and industrial facilities before obtaining a Clean Air Act (CAA) construction permit. “For years, Clean Air Act permitting has been an obstacle to innovation and growth,” said EPA Administrator Lee Zeldin. “We are continuing to fix this broken system.”

The National Association of Manufacturers agreed, saying the change will allow the EPA to fast-track construction of essential power generation, data centers, and manufacturing facilities, leading to more jobs, investment, and opportunities for manufacturers in the United States.

The CAA’s NSR program is a preconstruction permitting program that requires certain stationary sources to obtain permits prior to beginning construction. The NSR permitting program applies to both new construction and to modifications of existing sources.