Begin Actual Construction
| Date | Title | EPA Office | Author | Issues Addressed |
|---|---|---|---|---|
| 12/18/1978 | Interpretation of "Constructed" as it Applies to Activities Undertaken Prior to Issuance of a PSD Permit (pdf) (17 KB) | SCCD | Reich, Edward | Addresses where on the continuum from planning to operation of a major emitting facility a company or other entity violates the PSD regulations if it has not yet received a PSD permit. |
| 12/13/1995 | Clarification Concerning the Scope of Construction-Related Activities that may Occur prior to Issuance of a PSD Permit (pdf) (21KB) | OAQPS |
Seitz, John |
Clarifies the scope of construction-related activities that may occur prior to issuance of a Prevention of Significant Deterioration (PSD) permit under the Federal regulations at 40 CFR 52.21, which are also incorporated into Minnesota’s rules. |
| 05/13/1993 | SSCD | Rasnic, John | Whether a facility blasting rock and removing rock and soil to create a pit in connection with the construction of an oriented stand board (OSB) plan may be allowed to complete what it describes as “preparatory” activities by constructing a retaining wall and backfilling the press pit prior to obtaining a PSD permit. | |
| 11/04/1993 | Preconstruction Review & Cons (pdf) (18 KB) | Region 9 | Howekamp, David | Describes range of construction related activities that lawfully may occur prior to the issuance of a permit to construct or modify a facility or emissions unit. |
| 10/10/1978 | Source Construction Prior to Issuance of PSD Permit (pdf) (14 KB) | SSCD | Reich, Edward | Provides guidance on the extent to which a company can legally construct, prior to PSD permit issuance, a building which will house both PSD-affected and non-PSD-affected facilities. |
| 03/28/1986 | SSCD | Reich, Edward | Addresses the interpretation of “begin actual construction” as it refers to construction activities which may occur, or are prohibited, prior to the issuance of a PSD permit under 40 CFR 52.21(i). | |
| 04/29/1981 | City of Detroit/General Motors Corporation: Central Industrial Park (pdf) (22 KB) | Region 5 | Adamkus, Valdas | Whether the site clearing activities undertaken by the City of Detroit in conjunction with the Central Industrial Park Project fall within the Federal definitions of “begin actual construction” and are therefore prohibited under the PSD and nonattainment area regulations. |
| 03/04/2011 | Project to Increase 777 Airplane Production at Boeing Everett (pdf) (191 KB) | Region 10 | Helms, Nancy | Whether the proposed expansion at The Boeing Company’s Everett facility to increase the production of aircraft constitute “begin actual construction.” |
Related Topics: Commence Construction
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The “Relevant Guidance” index includes a collection of documents issued by EPA organized by topic area. These documents include memoranda, letters, orders, and other types of EPA actions that may provide guidance in one or more forms, such as an adjudication, statement of policy, interpretation of statutes or regulations, or technical information. Each collection is intended to be representative of EPA statements on the topic, but it may not be a complete listing of such statements. The collection does not reflect topic-specific statements that have been expressed by EPA though published rule preambles and Title V petition orders, nor does it include EAB decisions. Each document in the collection speaks for itself, and the inclusion or exclusion of a document in the collection is not intended by EPA to communicate anything more than what is expressed within each document. EPA makes no independent representations on this website as to the extent to which any document in the collection reflects EPA’s current views on the topic, is a final action by EPA, or has any legal effect or precedential weight. Readers are advised to review the documents in the collection and conduct their own assessment of such considerations based on the content of each document and other documents in the collection. Some of the information or views included in the documents may be affected by subsequent changes to the referenced statutory or regulatory language or by court decisions. In addition, many of the statements in these documents are based upon the federal regulations which may differ from rules that govern federally-approved programs. Permitting authorities are advised to consult with their EPA Regional Offices if there is a question as to the relevance of a particular statement to their NSR program.