This bill will bring clarity to the permitting process, unleash innovation and help ensure American industry remains the global leader.”
WASHINGTON – Sen. Jon Husted (R-Ohio) joined Sen. Cynthia Lummis (R-Wyo.) in introducing the New Source Review Permitting Act, a bill that would clarify the Environmental Protection Agency’s (EPA) interpretation of New Source Review (NSR) requirements under the Clean Air Act.
The current NSR permitting program is complex and creates uncertainty that can delay critical investments in American facilities. The legislation would provide greater clarity around the threshold for triggering NSR requirements, making it easier for manufacturers and energy producers to complete pollution control projects, improve energy efficiency and make necessary equipment reliability and safety upgrades.
“American workers and businesses should not be held back by unnecessary red tape that prevents them from making investments that improve efficiency and protect our environment. This bill will bring clarity to the permitting process, unleash innovation and help ensure American industry remains the global leader,” said Husted.
“Wyoming energy producers shouldn’t be punished for simply replacing or upgrading equipment, especially when those upgrades do not increase pollution. This commonsense bill allows facilities to modernize without getting buried in costly and unnecessary red tape. I am pleased to work with Senator Husted to provide greater clarity for our nation’s energy producers,” said Lummis.
The NSR permitting program is intended to preserve or improve air quality by ensuring that when new industrial facilities and power plants are built and when existing plants increase capacity, modern pollution controls will be installed to minimize emissions. However, EPA guidance documents, as well as court rulings, have increased the uncertainty of NSR permitting requirements, making it more difficult to determine what type of change at an existing source triggers this costly process. The time and cost
associated with NSR permitting regulations discourages incremental pollution control.
The New Source Review Permitting Act was introduced in the House of Representatives by Rep. Morgan Griffith (R-Va.). The bill passed the House Committee on Energy and Commerce on April 28, 2026.
The New Source Review Permitting Act builds on Husted’s work on the Senate Environment and Public Works Committee to advance commonsense permitting reform and support American energy production and manufacturing.
The American Public Power Association, National Rural Electric Cooperative Association, Electric Power Supply Association, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Chemistry Council, American Cement Association, American Forest & Paper Association, Aluminum Association, National Association of Manufacturers, National Mining Association, U.S. Chamber of Commerce, Citizens for Responsible Energy Solutions, United Mine Workers of America, International Association of Sheet Metal, Air, Rail, and Transportation Workers Transportation Division, International Brotherhood of Boilermakers, Transportation Communications Union, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, International Association of Heat and Frost Insulators and Allied Workers and International Brotherhood of Electrical Workers support the bill.
The full bill is available here.