HOT OFF THE PRESS: Proposed “Begin Actual Construction” NSR Rule

The proposed language for the “Begin Actual Construction” NSR Rule was signed yesterday by EPA Administrator Lee Zeldin. This proposal aims to distinguish between constructing a stationary source and constructing non-emitting components, clarifying exactly what physical work can begin prior to receiving an NSR permit and potentially reducing the timeline between permit receipt and start of operations.

In the spirit of President Trump’s Executive Order 14192, “Unleashing Prosperity Through Deregulation,” the rule would allow operators to begin on-site construction of non-emitting components – such as utility service infrastructure, concrete pads, and certain building structures – before a final permit is issued.

These changes are targeted for expeditious development of Data Centers under Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence”; however, the implications for all industrial sectors requiring NSR permitting, including refining and petrochemical industries, are equally significant.

At TRICORD, we constantly monitor the evolving world of NSR permitting to help our clients navigate these changes. Reach out to your TRICORD contact today to discuss how these proposed revisions might impact your NSR and construction strategies!

The proposed language for the “Begin Actual Construction” NSR Rule was signed yesterday by EPA Administrator Lee Zeldin. This proposal aims to distinguish between constructing a stationary source and constructing non-emitting components, clarifying exactly what physical work can begin prior to receiving an NSR permit and potentially reducing the timeline between permit receipt and start of operations.

In the spirit of President Trump’s Executive Order 14192, “Unleashing Prosperity Through Deregulation,” the rule would allow operators to begin on-site construction of non-emitting components – such as utility service infrastructure, concrete pads, and certain building structures – before a final permit is issued.

These changes are targeted for expeditious development of Data Centers under Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence”; however, the implications for all industrial sectors requiring NSR permitting, including refining and petrochemical industries, are equally significant.

At TRICORD, we constantly monitor the evolving world of NSR permitting to help our clients navigate these changes. Reach out to your TRICORD contact today to discuss how these proposed revisions might impact your NSR and construction strategies!