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The EPA is proposing to revise the New Source Review (NSR) preconstruction permitting program's definition of begin actual construction. The EPAs proposed definition will address which physical on-site construction activities an owner or operator may, prior to obtaining an NSR permit, lawfully undertake that would not constitute construction activities on a stationary source. This action is intended to provide additional flexibility and clarity for owners or operators to engage in construction on non-emitting structures and equipment before an NSR permit is issued.

Statement of Need:

The EPA is proposing revisions to its New Source Review air permitting regulations to clarify which on-site construction activities an owner or operator may lawfully undertake before obtaining an NSR preconstruction permit. This deregulatory permitting reform aligns with the Administration's goals of addressing America's energy needs and promoting the development of data centers critical to making the U.S. the Artificial Intelligence (AI) capital of the world, all while taking the necessary steps to protect human health and safeguard our environment.

Summary of the Legal Basis:

Clean Air Act section 110(a)(2)(c) provides the framework that requires state implementation plans contain a program to provide for regulation of the modification and construction of any stationary source as necessary to assure that NAAQS are achieved. Furthermore, for major sources located in attainment areas, one of the Prevention of Significant Deterioration provisions in CAA section 165(a) prohibits construction of a major emitting facility unless a permit has been issued for such proposed facility. For major sources in nonattainment areas, the Nonattainment New Source Review provision in Clean Air Act section 172(c)(5) includes similar language that applicable implementation plans shall require permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area.

Alternatives:

The EPA is soliciting comment on alternative regulatory revisions to the begin actual construction definition as well as other related applicable definitions.

Anticipated Costs and Benefits:

The EPA is still evaluating costs and benefits associated with the forthcoming proposed regulatory revisions.

Risks:

The EPA is still evaluating the scope and risks associated with the forthcoming proposed regulatory revisions.