What: On May 13, 2026, the U.S. Environmental Protection Agency (EPA) proposed revisions to the Clean Air Act’s (CAA) New Source Review (NSR) permitting program.
Why: The NSR air permitting program requires stationary sources of air pollution with air emissions above certain thresholds to obtain permits prior to the construction start date. The goal of the NSR program is to ensure that development will occur in a manner consistent with the preservation of air quality.
The EPA’s proposed revisions would distinguish between construction of a stationary source and construction of non-emitting components or structures, while clarifying that the latter can occur before obtaining an NSR air permit. The EPA also proposes to:
- Update the definition of “begin actual construction.”
- Add a definition of “pollutant-emitting activities.”
- Revise the definition of “begin construction.”
- Revise the definition of “commence construction.”
- Address the applicability procedures for “begin actual construction.”
The EPA states that the proposed action will not impose any requirements on small entities. Instead, the proposed rule revisions expand the range of permissible construction on non-emitting components or structures while providing an opportunity for owners or operators to expedite construction timelines before obtaining an NSR permit.
Action: Read the proposed rule and submit comments before the June 29, 2026, deadline.
PROPOSED RULE:
Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program
CONTACT:
Nick Goldstein
EMAIL:
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