Data / Federal rules / 2026-09524

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

The Environmental Protection Agency published this proposed rule in the Federal Register on May 13, 2026. Comments closed on June 29, 2026.

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What the agency says

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.

Key facts

Document number: 2026-09524
Type: Proposed rule
Action: Proposed rule
Agency: Environmental Protection Agency
Published: May 13, 2026
Comments due: June 29, 2026
Dates: Comments must be received on or before June 29, 2026.
Docket: EPA-HQ-OAR-2025-0618; FRL-12757-01-OAR
Regulation ID (RIN): 2060-AW84
Code of Federal Regulations: 40 CFR 49; 40 CFR 51; 40 CFR 52
Topics: Administrative practice and procedure; Air pollution control; Environmental protection; Incorporation by reference; Indians; Indians-law; Indians-tribal government; Intergovernmental relations
Significant: Yes, under Executive Order 12866
Pages: 19

The document on federalregister.gov PDF

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Everything from the Environmental Protection Agency · Rules on administrative practice and procedure · Rules on air pollution control · Rules on environmental protection · Published in May 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.