New Source Review for Stationary Sources
As soon as emissions of a pollutant are restricted under any CAA authority, stationary sources
that emit that pollutant are subject to construction and operating permit requirements and
performance standards. The second tool—known as new source review (NSR)—requires
stationary source permits for new construction and major modifications to existing sources.
Permitting under NSR requires both site-specific, technology-based review of the control
technology proposed by the source and a demonstration that the plant will not create or
exacerbate violations of air quality standards in the surrounding area. A facility requesting
a construction permit must show that its design uses best available control technology
(BACT). This review procedure explicitly takes costs into account and can depend on
geographic considerations. NSR permitting is usually done at the state level, though the technological
inquiry is national in scope and subject to EPA oversight. Most large emitters are
already subject to NSR review for new construction and modifications because they also emit
other pollutants regulated under the CAA; starting in January 2011 that process includes
review for GHGs.