Industrial facilities set for relaunch no longer require air permits, following the EPA's decision to rescind these regulations.
The Environmental Protection Agency (EPA) has announced a significant policy change, ending a decades-old permitting policy for industrial plants seeking to restart operations. This decision, which concerns the New Source Review program, was made by EPA Administrator Lee Zeldin in a memo issued on a Thursday.
The policy change takes effect for industrial plants resuming operations. According to Administrator Zeldin, plants that are resuming operations will no longer require a fresh permit under the New Source Review program. However, the EPA will continue to require a permit if the restart entails a change to the plant's operations that qualifies as a "major modification" under the New Source Review program.
This policy change follows a ruling last year by the 3rd U.S. Circuit Court of Appeals. Under a later interpretation, the reactivation policy applied to plants idled for at least two years that were thus presumed to have permanently closed. The EPA's interpretation is that the Clean Air Act does not require a permit to resume operation of an idle stationary source.
The "reactivation policy" originated in the late 1970s. Administrator Zeldin's memo states that the court's ruling is cited as persuasive by him. The policy change was implemented by Administrator Zeldin, who ended the old permit policy for industrial plants restarting after a prolonged shutdown in 2023.
This move is expected to have a significant impact on the industrial sector, as it reduces the regulatory burden for plants looking to resume operations. It is important to note that the EPA's decision does not absolve industrial plants from complying with other environmental regulations.
In conclusion, the EPA's decision to end the decades-old permitting policy for industrial plants restarting operations is a significant development in the regulatory landscape. The change will affect the New Source Review program, reducing the regulatory burden for plants looking to resume operations, while still ensuring compliance with other environmental regulations.
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