老牛影视and the U.S. Chamber of Commerce appreciate the U.S. Environmental Protection Agency鈥檚 efforts to provide clarification to the interpretation of the term 鈥渂egin actual construction鈥� in regulations implementing the major New Source Review permitting program, they wrote in a May 11 letter. Under the draft guidance,听titled听, a source owner or operator may, prior to obtaining an NSR permit, undertake physical on-site activities鈥攊ncluding activities that may be costly, that may significantly alter the site, and/or are permanent in nature鈥攑rovided that those activities do not constitute physical construction on an emissions unit.

鈥淐oordinated, predictable and transparent processes that clarify and streamline permitting will enable our members to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds. Our members take the appropriate measures that are required of them to comply with federal and state permitting processes and to help meet the attainment goals of ambient air quality standards under the NSR Prevention of Significant Deterioration program,鈥� 老牛影视and the Chamber wrote.

老牛影视and the Chamber also made the following points in the letter:

• Significant air quality improvements have been made over the last few decades.
• Simplification and clarification in the permitting process will help spur economic growth and maintain America鈥檚 competitiveness.
• The revised interpretation is needed to support more efficient project development and reduce permitting costs.
• The EPA should make clear that 鈥榚missions unit鈥� is narrowly focused on equipment that causes emissions or directly impacts the magnitude of emissions.
• 鈥淓quity in the ground鈥� should not be considered a factor of influence on the permitting agencies鈥� decision to grant an NSR permit.听

Summary of the Draft Guidance from :

• An owner or operator of a major stationary source or major modification must obtain an NSR permit before 鈥渂egin[ning] actual construction鈥� on the facility.
• Currently, EPA considers almost every physical on-site construction activity that is of a permanent nature to constitute the beginning of 鈥渁ctual construction,鈥� even where that activity does not involve construction 鈥渙n an emissions unit.鈥�
• This interpretation tends to preclude source owners/operators from engaging in a wide range of preparatory activities they might otherwise desire to undertake before obtaining an NSR permit.
• Under this revised interpretation, a source owner or operator may, prior to obtaining an NSR permit, undertake physical on-site activities鈥攊ncluding activities that may be costly, that may significantly alter the site, and/or are permanent in nature鈥攑rovided that those activities do not constitute physical construction on an emissions unit.