On March 25, 2020, EPA issued a draft “Interpretation of ‘Begin Actual Construction’ Under the New Source Review Preconstruction Permitting Regulations.” EPA noted that its current interpretation “considers almost every physical on-site construction activity that is of a permanent nature to constitute the beginning of ‘actual construction.’” Upon review, EPA stated that this interpretation “does not entirely comport with the plan language” of the regulatory definition and proposed to limit its prior interpretation to construction on an emissions unit. EPA also stated that it would not consider an “installation necessary to accommodate” the emissions unit as subject to the definition. EPA will accept comments until May 11, 2020 and comments may be submitted here. EPA’s action also provides limited guidance on how it interprets “emissions unit.”
