Construction Activities Allowed Before Obtaining a Preconstruction Air Permit
On February 4, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the Agency’s Powering the Great American Comeback initiative to achieve the Agency’s mission while energizing the greatness of the American economy. The initiative includes actions to address America’s energy needs and promote the development of data centers critical to making the U.S. the world’s leader in Artificial Intelligence, all while taking the necessary steps to safeguard human health and our environment.
EPA’s permitting reforms are critical to expedite construction of essential power generation and industrial facilities. EPA is working on redefining preconstruction so that a company looking to build an industrial facility or a power plant can begin certain building activities that are not related to air emissions prior to obtaining a Clean Air Act construction permit.
The Clean Air Act’s New Source Review (NSR) program is a preconstruction permitting program that requires certain stationary sources of air pollution to obtain permits prior to beginning construction. The NSR permitting program applies to both new construction and to modifications of existing sources. To provide greater clarity on construction activities permissible under the Clean Air Act prior to obtaining an NSR permit, EPA is providing guidance on a case-by-case basis and intends to propose and finalize a rule in 2026 that would revise the definition of “begin actual construction” in EPA’s NSR regulations. These actions will assist permitting authorities in properly distinguishing between emissions units and other parts of a facility that are not an emissions unit or part of an emissions unit. Additionally, these actions will ensure companies know what parts of their construction need an NSR permit and what construction activities can proceed without an NSR permit.
EPA’s historical Begin Actual Construction policy and guidance documents, including more recent communications with permitting agencies, can be viewed here: