Federal Register #EPAHQOAR20250618

EPA Proposed Rule Revising NSR Preconstruction Permitting Regulations

The U.S. Environmental Protection Agency (EPA) is proposing revisions to the New Source Review (NSR) air permitting regulations: - Government Buyer: - U.S. Environmental Protection Agency (EPA) is the sole agency involved - OEMs and Vendors: - No OEMs or vendors are mentioned, as this is a regulatory action, not a procurement - Products/Services Requested: - No products or services are being procured - No part numbers or purchase quantities are listed - Notable Requirements and Details: - The proposed rule clarifies the distinction between construction of a stationary source and construction of non-emitting components or structures - Allows non-emitting construction activities to occur before obtaining an NSR air permit for a new major stationary source or major modification - Updates the definition of 'begin actual construction' and adds a definition of 'pollutant-emitting activities' in Federal NSR regulations for both Nonattainment New Source Review (NNSR) and Prevention of Significant Deterioration (PSD) - Revises definitions related to construction in Indian country - Addresses applicability procedures for 'begin actual construction' in NNSR regulations - Intended to enhance regulatory clarity and certainty for permitting authorities and industry stakeholders - No procurement activity, contract value, or product/service line items are associated with this action

Description

The U.S. Environmental Protection Agency (EPA) is proposing revisions to the New Source Review (NSR) air permitting regulations. These revisions aim to clarify the distinction between construction of a stationary source and construction of non-emitting components or structures, allowing the latter to occur before obtaining an NSR air permit for a new major stationary source or major modification. The proposed changes include updating the definition of "begin actual construction," adding a definition of "pollutant-emitting activities," revising definitions related to construction in Indian country, and addressing applicability procedures for "begin actual construction" in the Nonattainment New Source Review (NNSR) regulations. Comments on the proposal must be received by June 29, 2026.

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