Clarification of “Begin Actual Construction”: EPA issued new guidance clarifying what activities can commence before an NSR permit is obtained. Specifically, the guidance allows certain construction work that does not involve installing emission-producing equipment (for example, laying building foundations or cement pads) to begin prior to permit issuance. In practical terms, companies only need to secure an NSR air permit when they are ready to “break ground” on actual emissions units or other activities that will generate air pollution. This policy is intended to eliminate unnecessary delays for projects by permitting early work on non-emitting structures, and EPA plans to codify this interpretation in a future rulemaking to formally update the NSR regulations’ definition of “begin actual construction”.
