Jul 9, 2026
EPA Relaxes Preconstruction ERC Requirements – Update from Hiser Burggraff Curtis
EPA relaxes preconstruction ERC requirements
Posted by Eric Hiser
On July 1, 2026, Aaron Szabo, EPA Assistant Administrator for Air and Radiation, released “Guidance on Clean Air Act Nonattainment New Source Review Emission Offsets” (2026 ERC Guidance) providing increased flexibility on when sources must have federally enforceable emission reduction credits (ERCs) in hand to permit and construct major NSR sources in nonattainment areas. ANALYSIS The 2026 ERC Guidance begins by noting that both Clean Air Act (CAA) Section 173(a)(1) and 173(c) speak in terms…