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ARTICLE · 26 JUNE 2026

Environmental Protection Agency Proposes Flexibility For Pre-Permit Construction Under Clean Air Act New Source Review

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On 13 May 2026, the Environmental Protection Agency (EPA) issued proposed rule, “Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program” (91 Fed. Reg. 26958) (Proposed Rule)...

United StatesEnvironment
Dawn M. Lamparello
Dawn M. Lamparello
Tad Macfarlan
Tad Macfarlan
Alyssa A. Moir
Alyssa A. Moir
Malory Pascarella
Malory Pascarella

On 13 May 2026, the Environmental Protection Agency (EPA) issued proposed rule, “Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program” (91 Fed. Reg. 26958) (Proposed Rule), which seeks to streamline the Clean Air Act’s NSR preconstruction permitting program by allowing source owners or operators to begin certain physical non-emitting construction activities prior to obtaining an NSR permit. If finalized, the Proposed Rule would narrow the scope of activities falling within the scope of “begin actual construction,” allowing for accelerated construction timelines for a wide array of energy and infrastructure projects—including power plants, data centers, petrochemical facilities, and other industrial and manufacturing facilities that require air permits.

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