Fact Sheet

Error Corrections to New Source Review Regulations - Final Rule

ACTION

•	On January 4, 2021, the U.S. Environmental Protection Agency (EPA) finalized a rule to
correct non-substantive errors, and make conforming changes to address the 1990 Clean Air
Act (CAA) Amendments (e.g., revisions to sections 112 and 169) in the New Source Review
(NSR) rules. The NSR regulations in 40 CFR 51 and 52 have undergone restructuring and
revisions over the years and a number of inadvertent errors have accumulated during that
time.

•	This rule:

o corrects inadvertent typographical and spelling errors,
o removes court vacated rule language,

o removes or updates outdated or incorrect cross references, and
o conforms certain provisions to changes contained in the 1990 CAA Amendments.

•	These corrections are non-substantive and administrative in nature and will provide clarity to
the affected NSR regulations. In total, well over 100 sections in four sets of NSR regulations
are being revised.

•	The final rule does not require air agencies to submit state implementation plan (SIP)
revisions for these changes by a specific deadline. Rather, air agencies can make any
necessary changes in conjunction with other SIP submittals.

BACKGROUND

•	Congress established the NSR program as part of the 1977 CAA Amendments. NSR is a
preconstruction permitting program that serves two important purposes:

1.	It ensures the maintenance of air quality standards when major stationary sources
such as factories, industrial boilers and power plants are constructed.

o In areas that meet the national ambient air quality standards (NAAQS), including
pristine areas like national parks, NSR's Prevention of Significant Deterioration
program ensures that new emissions will not cause air quality to deteriorate
significantly and will continue to attain air quality standards,
o In areas that do not meet the NAAQS, nonattainment NSR ensures that new
emissions do not slow progress toward cleaner air.

2.	It ensures that state of the art control technology is installed at new plants or at
existing plants while they undergo a major modification.

ADDITIONAL INFORMATION

•	Interested parties can download this final rule from the EPA's web site at:
https://www. epa. gov/nsr/nsr-regulatorv-actions.

•	For general information about this final rule, contact Ben Garwood at (919) 541-1358 and
garwood. ben(a>,epa. gov. of the EPA's Office of Air Quality Planning and Standards.

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