Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program

What it does

The U.S. Environmental Protection Agency (EPA) is proposing revisions to the New Source Review (NSR) air permitting regulations. These regulatory revisions would distinguish between construction of a stationary source and construction of non-emitting components or structures, while clarifying and codifying that the latter can occur before an owner or operator obtains an NSR air permit for a new major stationary source or major modification of an existing major stationary source. The revisions will update the definition of "begin actual construction" and add a definition of "pollutant-emitting activities" in the Federal NSR regulations for both Nonattainment New Source Review (NNSR) and Prevention of Significant Deterioration (PSD); revise the definition of "begin construction" and "commence construction" in the Federal minor NSR regulations applicable in Indian country; and address the applicability procedures for "begin actual construction" in the NNSR regulations.

The Environmental Protection Agency's summary, as published in the Federal Register.

What it would change

3 parts of Title 40 of the Code of Federal Regulations:

40 CFR 49, 40 CFR 51, 40 CFR 52

Before this

No earlier Federal Register document under regulation identifier 2060-AW84 since Jan. 1, 2025.

What happens next and when

Comments must be received on or before June 29, 2026.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket EPA-HQ-OAR-2025-0618 on Regulations.gov
• Title 40 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register