Attorney General Anthony G. Brown joined a coalition of attorneys general opposing a U.S. Environmental Protection Agency proposal that would allow construction to begin at major sources of air pollution before obtaining a New Source Review permit.
A New Source Review permit is a pre-construction air pollution permit required for industrial facilities, factories and power plants that are newly built or undergo major modifications. The permit process requires facilities to install modern pollution controls.
In a comment letter to the EPA, Brown and the coalition said the Clean Air Act requires New Source Review permits to be obtained before construction begins on any portion of a major pollutant-emitting facility or source.
The coalition said the current process allows residents to provide input and ask questions before construction begins on facilities that may affect air quality. The coalition said the proposal would limit public participation and affect communities already facing high pollution burdens, including lower-income communities and communities of color.
Brown and the coalition argued the EPA’s proposed regulatory language is contrary to law, arbitrary and capricious.
Attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin joined Brown in submitting the comment letter. The cities of Chicago and New York and the California Air Resources Board also joined.
