Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program
Key claim: The EPA proposes to revise NSR preconstruction permitting regulations to allow construction of non-emitting components or structures before an air permit is obtained, by updating the definition of ‘begin actual construction’ and adding a definition of ‘pollutant-emitting activities.’
Abstract
(Proposed Rule · Environmental Protection Agency) The U.S. Environmental Protection Agency (EPA) is proposing revisions to the New Source Review (NSR) air permitting regulations. These regulatory revisions would distinguish between construction of a stationary source and construction of non-emitting components or structures, while clarifying and codifying that the latter can occur before an owner or operator obtains an NSR air permit for a new major stationary source or major modification of an existing major stationary source. The revisions will update the definition of “begin actual construction” and add a definition of “pollutant-emitting activities” in the Federal NSR regulations for both Nonattainment New Source Review (NNSR) and Prevention of Significant Deterioration (PSD); revise the definition of “begin construction” and “commence construction” in the Federal minor NSR regulations applicable in Indian country; and address the applicability procedures for “begin actual construction” in the NNSR regulations.
Why this matters
NSR preconstruction permitting is a major cost and schedule driver for new industrial, power, and manufacturing projects, and the timing of when ‘construction’ legally begins has long been contested. Allowing non-emitting components to be built before a permit is issued could shorten project timelines and reduce financing risk, though critics argue it may pressure permit outcomes by creating sunk-cost momentum. The practical effect depends on how broadly ‘pollutant-emitting activities’ is drawn in the final rule.