Sen. Markey Warns EPA’s NSR ‘Construction’ Guidance Likely Unlawful

Sen. Ed Markey (D-MA) is questioning EPA over its recently changed guidance that excludes some industry activities from the definition of “construction” that would otherwise trigger new source review (NSR) air permitting, challenging Administrator Lee Zeldin to justify the legal rationale for the move, which Markey warns is likely unlawful. “Your recent reinterpretation of the Clean Air Act’s New Source Review (NSR) permitting requirements will translate to direct harm to human health here in the United States. By allowing pre-construction...