EPA Proposes Amending Clean Air Act Regulations to Allow Construction of Non-Emitting Components Prior to Permit Issuance

By Craig Thedwall.

On May 13, 2026, U.S. EPA issued its proposal  to revise the New Source Review (NSR) regulations of the Clean Air Act to allow a major source of emissions to begin construction of non-emitting components or structures prior to obtaining a permit.

Current rules do not allow the commencement of construction on permanent structures before the permit is issued. Permanent structures include building foundations and supports, as well as underground pipes and permanent storage structures. The proposed change would allow non-emitting structures to begin construction before permit issuance, including utility infrastructure, concrete pads, and some types of buildings and building components. The stated goal is to create greater regulatory certainty and balance conservation with economic growth with a clear differentiation between the parts of a structure which will emit, and those that will not.

This proposed change could have a major impact on the timelines for construction or modification of manufacturing and industrial facilities. U.S. EPA is soliciting input and comments from industry and the public on this proposed change until June 12, 2026.