We urge you to withdraw this proposed rule and preserve the Clean Air Act's preconstruction permitting safeguards.
Press EPA to withdraw its proposed rule allowing major polluting facilities to begin construction without Clean Air Act permits and preserve preconstruction permitting safeguards.
Occurrences
Evidence
EPA's current NSR regulatory-actions page lists the Begin Actual Construction item as a proposed rule and says it would let certain physical on-site construction occur before an NSR permit is obtained.
EPA proposed NSR revisions that would clarify that non-emitting components or structures can be built before obtaining an NSR air permit for a new major source or major modification; comments were due June 29, 2026.
EPA states that a virtual public hearing was held on May 28, 2026, for Begin Actual Construction in the NSR Preconstruction Permitting Program.
Assessments
The relevant EPA NSR proposal remained pending during Markey's current Senate term, with comments recently due and no evidence that EPA withdrew the rule or that preconstruction permitting safeguards were preserved through the promised outcome. The available record also does not identify a concrete Markey action pressing EPA to withdraw it. Because the rulemaking was still active rather than finally adopted or abandoned, the promise is best treated as unresolved, not delivered or definitively failed.