New Source Review regulations & environmental compliance analysis

New Source Review : What you need to know

Governing Law and Regulations

Nonattainment new source review (NSR): 42 USC 7501 to 7514a, 40 CFR 51.100, 40 CFR 51.165, and 40 CFR 52.24

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Nonattainment areas: 40 CFR 81.300 to 81.356

Prevention of significant deterioration (PSD): 42 USC 7470 to 7492, 40 CFR 51.166, and 40 CFR 52.21

Class I areas: 40 CFR 81.400 to 81.437

Attainment status redesignation:

Maintenance areas: 42 USC 7505a

Attainment to nonattainment: 40 CFR 51, Appendix S

Regulatory Agency

U.S. Environmental Protection Agency (EPA) Office of Air and Radiation

See ADDRESSES & CONTACTS for addresses and telephone numbers.

New Source Review Overview

The 1977 Clean Air Act Amendments (CAAA) expanded a federal air quality permitting program called New Source Review (NSR) to clean up and maintain air quality across the country. Each state must include air quality permitting requirements that meet the standards of the federal NSR program in their state implementation plans (SIPs) to attain or maintain the National Ambient Air Quality Standards (NAAQS). See TITLE I: AIR POLLUTION PREVENTION AND CONTROL in the national section AIR (REGULATORY OVERVIEW) for more information on the latest CAAA, NAAQS, SIPs, and nonattainment and attainment designations.

New Source Review is a preconstruction permitting program for new major sources of pollution and major modifications to existing sources. NSR is divided into two programs:

  • Nonattainment NSR, which applies to the emissions of pollutants in designated nonattainment areas for those pollutants
  • Prevention of significant deterioration (PSD), which applies to the emissions of pollutants in designated attainment areas for those pollutants


Often, both programs are applicable and a source must comply with ...

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