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Open for Comment: Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program

By CIV.IQ May 13, 2026
Environmental Protection Agency — 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. (47 days remaining)

Open for Comment: Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program

Environmental Protection Agency — 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. (47 days remaining)

Type: comment-period | Source: federalregister.gov

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  "type": "comment-period",
  "data": {
    "documentNumber": "2026-09524",
    "title": "Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program",
    "summary": "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.",
    "agency": "Environmental Protection Agency",
    "commentsCloseOn": "2026-06-29",
    "daysUntilClose": 47,
    "url": "https://www.federalregister.gov/documents/2026/05/13/2026-09524/begin-actual-construction-in-the-new-source-review-nsr-preconstruction-permitting-program"
  },
  "source": {
    "url": "https://www.federalregister.gov/documents/2026/05/13/2026-09524/begin-actual-construction-in-the-new-source-review-nsr-preconstruction-permitting-program",
    "api": "federalregister.gov"
  }
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#comment-period #regulation #environmental-protection-agency
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