EPA recently issued new guidance that clarifies its interpretation of “begin actual construction” under the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program. Through this guidance, EPA is allowing building activities that are not related to air emissions, such as installing cement pads, to proceed before companies obtain an NSR permit.

In the new guidance, EPA stated that if a structure contains no emissions units, it is not considered a “source” under the CAA because it does not emit or have the potential to emit air pollutants. EPA further clarified that the NSR regulation “does not prohibit initiation of physical on-site construction of those parts of a facility that do not qualify as an emission unit.”

EPA’s recently released 2025 Spring Agenda identifies that EPA plans to propose a rule revising the definition of “begin actual construction” by January 2026 and to finalize the rule by September 2026.