EPA Strips New Source Review

A new rule, signed by EPA’s acting administrator, Marianne Horinko, allows polluting power plants to significantly upgrade without updating their pollution control equipment, previously illegal under the Clean Air Act.

The Clean Air Act was made law in 1970 to control emissions from stationary sources of air pollution, such as power plants, chemical plants, and paper mills. Although existing plants were grandfathered into the law, the New Source Review program of 1977 ensured that older plants would clean up emissions whenever they performed upgrades beyond “routine maintenance” that would significantly increase emissions—thus becoming