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EPA has proposed significant changes to air quality regulations, including redefining "begin actual construction" for the new source review program and modifying federal public participation standards for minor NSR permitting. These regulatory shifts, along with new guidance on emissions offsets and ongoing challenges to PM2.5 National Ambient Air Quality Standards, will have substantial implications for air permitting processes across Texas and other states with approved NSR programs.
EPA has proposed to redefine “begin actual construction” for purposes of the new source review (NSR) program. In early July 2026, EPA issued a proposed rule that would change federal public participation standards for minor NSR permitting and released new guidance on emissions offsets for nonattainment NSR. And EPA’s first effort to undo the 2024 change in the annual PM2.5 National Ambient Air Quality Standard (NAAQS) was unsuccessful in court. Whit Swift discussed these and other federal developments and how they might affect air permitting in Texas and other states with approved NSR permitting programs.
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