Begin Actual Construction in the New Source Review Preconstruction Permitting Program
Details
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- Title
- Begin Actual Construction in the New Source Review Preconstruction Permitting Program
Federal Register for Wednesday, May 13, 2026 (91 FR 26958) (FRL-12757-01-OAR)
- Posted
- May 13, 2026
- Comment period
- May 13, 2026 – Jun 30, 2026
- FR Doc
- 2026-09524
- CFR
- 40 CFR Parts 49, 51, and 52
- Topics
Overview
What the public is saying — stance, who's commenting, and the issues they raise.
Stance breakdown
Who commented
Breakdown by commenter type.
Comments over time
Weekly arrivals, stacked by stance.
Support × commenter type
How each type splits across stance.
Issues raised
The docket's canonical issues. Select one to browse its comments.
Position map
Who stands where on each issue?
Every non-silent position is backed by an excerpt from the comment.
Issues shown
Uncheck an issue to choose another.
| Organization | Air quality and health impacts | Data center environmental impacts | Public participation and permitting | Public participation in permitting | Entrenchment of projects before permitting |
|---|---|---|---|---|---|
Adler Accounting BusinessOppose RJ Adler of Adler Accounting opposes the proposed action to begin construction before preconstruction permits are finali | · | · | |||
BRAD DAWBER PHOTOGRAPHY BusinessSupport Brad Dawber, representing Brad Dawber Photography, supports maintaining rigorous preconstruction air permit requirements | · | · | · | ||
Friends of the Earth (action.foe.org) AdvocacyOppose Beth Larson, representing Friends of the Earth, opposes the proposed revisions to the New Source Review air permitting r | · | ||||
NW Faction Fund AdvocacyOppose Sally Leque of NW Faction Fund opposes the proposed changes to the Clean Air Act, arguing that they allow for the rapid | |||||
NWF Action Fund AdvocacyOppose Dolores Phillips of the NWF Action Fund opposes the proposed changes to the Clean Air Act, arguing that the new permitti | · | · | |||
nwfactionfund AdvocacyOppose A representative from nwfactionfund opposes the proposed preconstruction permitting program, arguing that it allows heav | |||||
Sierra Club AdvocacyOppose Greg Poulter, representing the Sierra Club, opposes the proposed rule allowing construction to begin before air permits | · | · | · | ||
Wellness Equity Alliance AdvocacyOppose Wendy Bernstein, representing Wellness Equity Alliance, opposes the EPA's proposal to change the definition of "begin ac | · | · | · |
41 organization-typed comments could not be identified.
Explorer
Every mirrored comment — filter by stance, campaign, or issue.
- Jul 6, 2026Comment submitted by Michael J. Mc AinshOpposeIndividual📎 Attachment
Michael J Mc Ainsh opposes the proposed rule, arguing that the New Source Review process allows harmful projects to be permitted once significant investment has been made. He contends that the rule change will harm the public while allowing polluters to proceed with projects they have already funded.
Read comment → - Jul 6, 2026Comment submitted by Harry WhitleyOpposeIndividual📎 Attachment
Harry Whitley, a private individual, opposes the proposed rule change regarding the New Source Review Preconstruction Permitting Program. He argues that the current rule is more practical because it allows for the correction of environmental issues before construction begins, whereas the proposed change would make correcting problems more difficult once construction has started.
Read comment → - Jul 2, 2026Comment submitted by Jennifer BuchiOpposeIndividual📎 Attachment
Jennifer Buchi expresses opposition to the proposed policy change that would end air quality permitting requirements prior to new construction. She argues that construction projects should be required to prove they will not harm public health before work begins, rather than being allowed to proceed once significant investment has been made.
Read comment → - Jul 1, 2026Comment submitted by Jessica (no surname provided)SupportIndividual📎 Attachment
A private individual named Jessica is requesting that construction not be allowed to begin before the permitting process is complete. She argues that U.S. citizens have a right to be informed about the potential health and environmental impacts of projects.
Read comment → - Jun 30, 2026Comment submitted by Courtney HutchisonOpposeIndividual📎 Attachment
Courtney Hutchison argues that the proposed permitting program allows data centers to begin construction before obtaining necessary permits for pollution-causing components. The commenter advocates for a "permits first" approach, requiring all environmental studies and permits to be completed before any construction begins.
Read comment → - Jun 29, 2026Comment submitted by Ron and Susan MunsonOpposeIndividual📎 Attachment
Ron and Susan Munson oppose the proposal to allow construction to begin before full compliance with air quality standards is ensured. They argue that the EPA must strictly enforce existing regulations to protect human health and the environment from political or economic interests.
Read comment → - Jun 29, 2026Comment submitted by Taylor PenrodOpposeIndividual📎 Attachment
Taylor Penrod, a resident of Salt Lake City, opposes the proposed rule because it would allow gas plants and data centers to begin construction without air permits. The commenter argues that this action will harm air quality and exacerbate water shortages in Northern Utah.
Read comment → - Jun 29, 2026Comment submitted by Andrew HutchesonOpposeIndividual📎 Attachment
Andrew Hutcheson, an individual, opposes the proposed rule allowing data centers to begin construction without air permits. He argues that the proposal compromises public health and environmental protection under the guise of national security.
Read comment → - Jun 29, 2026Comment submitted by TallgrassSupportBusiness📎 Attachment
Tallgrass Energy supports the EPA's proposed revisions to the New Source Review (NSR) preconstruction permitting regulations, noting they provide necessary regulatory clarity. The company argues for further expansions to the exclusion list, specifically requesting that equipment storage on foundations, building shells, and utility connections be explicitly exempt from "begin actual construction" restrictions to reduce project costs and timelines.
Read comment → - Jun 29, 2026Comment submitted by American Electric Power Company, Inc. (AEP)SupportBusiness📎 Attachment
American Electric Power Company, Inc. (AEP), an investor-owned electric utility, supports the EPA's proposed rule to clarify the "begin actual construction" definition under the New Source Review (NSR) program. AEP argues that the rule provides necessary regulatory clarity and flexibility, and they specifically request further clarifications to ensure that non-emitting infrastructure, such as foundations and underground piping, can be constructed concurrently with the permitting process to accelerate project timelines and reduce costs.
Read comment →
