D.C. Circuit Upholds EPA's NSR "Project Emissions Accounting" Rule, Signals Future As-Applied Challenges - Liskow & Lewis, APLC
The D.C. Circuit upheld EPA's New Source Review (NSR) 'Project Emissions Accounting' rule, which allows facilities to calculate emissions increases on a project-wide basis rather than piecemeal, potentially reducing the need for NSR permits. The court signaled that future as-applied challenges may be possible.
Aforeworn detected this change in the Environmental & Emissions Compliance (EPA) space on August 18, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Manufacturers, power generators, chemical processors, and other facilities subject to NSR permitting under the Clean Air Act. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No specific deadline provided.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Environmental & Emissions Compliance (EPA) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The court's decision affirms EPA's rule that permits project-wide emissions accounting for determining whether a modification triggers NSR. This may reduce the burden of NSR permitting for some projects, but the court left open the possibility of future as-applied challenges.
Who it affects
Manufacturers, power generators, chemical processors, and other facilities subject to NSR permitting under the Clean Air Act.
What you must do
Review upcoming projects to see if project-wide emissions accounting can reduce NSR permitting obligations. Monitor for future as-applied challenges that could affect the rule's application.
Deadline
No specific deadline provided.
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