Federal: Proposed air permit rule would let some non-emitting site work start before the permit issues
EPA's May 13, 2026 proposal would redefine when construction begins under New Source Review so that foundations, utility service and similar non-emitting work could proceed before a permit. Comments closed June 29, 2026. It is not in force.
This is a federal proposed rule. According to the Federal Register summary it would apply to the federal preconstruction permit rules and to state implementation plans that incorporate New Source Review programs, which are the programs under which air permits are issued in New Jersey, New York, Connecticut and Pennsylvania. On May 13, 2026, the U.S. Environmental Protection Agency ("EPA") published Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program, 91 Fed. Reg. 26958 (Docket No. EPA-HQ-OAR-2025-0618), proposing to revise the definition of "begin actual construction" in 40 C.F.R. §§ 51.165, 51.166 and 52.21. Comments closed on June 29, 2026. The proposal is not a final rule and has no effect on any project today.
Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program, 91 Fed. Reg. 26958 (May 13, 2026) (proposed rule), 40 C.F.R. §§ 51.165, 51.166, 52.21; Docket No. EPA-HQ-OAR-2025-0618