The U.S. Environmental Protection Agency is initiating consultation with federally recognized Indian Tribes to obtain input on the agency’s proposed rule, “Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program.”
In this proposal, the EPA is revising the federal regulatory definition of “begin actual construction” in the major NSR regulations and “begin construction” in the Tribal minor NSR regulations, and add a new definition of “pollutant-emitting activities” to both. If finalized, the rule will codify how permitting authorities distinguish between stationary sources and non-emitting components or structures, fulfilling the agency’s 2025 commitment to propose this clarification, and owners and operators will be able to start building non-emitting components or structures, such as certain cement pads and wiring, piping, and associated support structures, prior to obtaining an NSR permit.
If your Tribe has questions about the proposed action or would like to request government-to-government consultation with the EPA on the “Begin Actual Construction” proposed rulemaking, please have your staff contact Grace Onuoma, Tribal Consultation Advisor, at Onuoma.Grace@epa.gov or (919) 541-0232, by June 19, 2026. We also encourage you to submit written comments to the docket to identify any information that you believe may be relevant to the development of the rule. Tribes may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2025-0618, any time during the open comment period following publication in the Federal Register.
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