EPA Ends Reactivation Policy Unless Major Modification

EPA Ends Reactivation Policy Unless Major Modification

Posted by Eric L. Hiser

On September 18, 2025, Administrator Lee Zeldin issued a policy memorandum entitled “New Source Review Program ‘Reactivation Policy.’”  In the policy, Mr. Zeldin confirmed that the EPA would follow the Third Circuit’s decision in Port Hamilton Refining & Transp. v. U.S. EPA, will apply that decision nationwide, will not apply the “major modification” aspect of the policy to a facility that only restarts, but will apply to restarts that involve a physical change or change in the method of operation beyond a mere restart, if the major modification test is triggered.  EPA also signaled that while states and local authorities can be more stringent, such interpretations should be supported by independent local law and that the EPA reserve the right to review, on a case-by-case basis, state implementation plans adopting the Reactivation Policy unsupported by such local law.

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