EPA Finalizes Controversial ‘Ambient Air’ Guide Easing NSR Permitting

EPA has finalized its controversial guidance that excludes certain areas near major source facilities subject to new source review (NSR) or prevention of significant deterioration (PSD) clean air permits from being defined as “ambient air,” likely making it easier for the facilities to avoid stringent NSR permit emissions limits. Environmentalists strongly criticized a 2018 draft version of the guidance for easing NSR requirements and warned it was unlawful, suggesting they could file litigation challenging the new guidance. The Dec. 2...