Begin Actual Construction in the New Source Review Preconstruction Permitting Program

Marc David, a private individual, opposes the EPA's proposal to redefine "begin actual construction" in the New Source Review process. He argues that the change would allow companies to start construction before public review, making it harder for communities to oppose new pollution sources and potentially harming public health in already overburdened areas.

The NAACP Center for Environmental and Climate Justice urges the EPA to reject the proposed rule, arguing that it allows developers to begin construction before obtaining necessary air pollution permits. They contend that this change weakens Clean Air Act safeguards, creates "sunk-cost" risks for regulators, and disproportionately harms frontline and low-income communities.

The Natural Resources Defense Council (NRDC) is submitting over 20,000 public comments opposing the EPA's proposed rule to redefine "begin actual construction" under the New Source Review program. They argue that the proposal would allow major polluters to complete significant construction before public input, undermining the ability of communities to demand pollution controls and potentially pressuring regulators to approve permits for harmful facilities.

Malin Moench opposes the proposed rule to redefine "begin actual construction," arguing that it undermines the Clean Air Act by allowing developers to commit significant capital before environmental reviews are complete. The commenter contends that this change creates "sunk-cost bias," pressures regulators to approve permits for already-built structures, and unfairly favors fossil-fuel infrastructure over faster, cheaper renewable energy solutions.

Tallgrass Energy supports the EPA's proposed revisions to the New Source Review (NSR) preconstruction permitting regulations, noting they provide necessary regulatory clarity. The company argues for further expansions to the exclusion list, specifically requesting that equipment storage on foundations, building shells, and utility connections be explicitly exempt from "begin actual construction" restrictions to reduce project costs and timelines.

American Electric Power Company, Inc. (AEP), an investor-owned electric utility, supports the EPA's proposed rule to clarify the "begin actual construction" definition under the New Source Review (NSR) program. AEP argues that the rule provides necessary regulatory clarity and flexibility, and they specifically request further clarifications to ensure that non-emitting infrastructure, such as foundations and underground piping, can be constructed concurrently with the permitting process to accelerate project timelines and reduce costs.

The commenter, a retired state agency permit official, opposes the proposed change to the definition of "beginning construction" for NSR Air Permits. She argues that the change creates confusion for permit issuers, reduces regulatory leverage for compliance, and risks the issuance of permits that do not accurately reflect actual emission levels.

Lynda Heideman opposes the proposed rule because it would allow companies to begin construction on major industrial projects before completing federal air pollution reviews. She argues that this change undermines public participation and environmental protections by allowing significant site preparation to occur before the public has a chance to review and comment on the project's impacts.

The Attorneys General of multiple states, along with the Chief Legal Officers of Chicago and New York City and the California Air Resources Board, oppose the EPA's proposal to redefine "begin actual construction." They argue that the proposal violates the plain language of the Clean Air Act, undermines the integrity of the New Source Review program, and would allow construction to proceed without permits, thereby harming public health and environmental justice.

A pediatrician submitting on behalf of Mothers and Others For Clean Air opposes the proposal to redefine "begin actual construction" in the New Source Review process. The commenter argues that allowing construction to start before permitting would deprive communities of their ability to provide public input and would lead to increased air pollution that harms children's health.