Revisit 24/7/365 potential-to-emit assumptions in permitting

Research notes

• Negative search (2026-08-27): a Federal Register full-text search for potential to emit returns state implementation plan actions only; EPA’s final and proposed rules among the federal records we keep and search include no rulemaking or policy in the window revisiting the assumption that a source runs continuously.
• EPA’s permitting reform work in this window is about when construction may begin (#1089) and about minor source public participation, not about how potential to emit is calculated.
• EPA’s full regulatory agenda, searched 2026-09-01. We read EPA’s entire Unified Agenda on reginfo.gov (214 entries across the active, long-term and completed stages), because the Federal Register prints only the entries that need a Regulatory Flexibility analysis and the 2026-08-27 negatives were taken from that shortened version. Nearest entry: RIN 2060-AW84, Revision to “Begin Actual Construction” in the New Source Review Preconstruction Permitting Program (EPA/OAR, Proposed Rule Stage, NPRM 07/2026): https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=2060-AW84. It addresses which on-site activities may precede a permit, not how a source’s potential to emit is calculated. No potential-to-emit RIN appears anywhere on the agenda. Status unchanged.