EPA sends “Begin Actual Construction” to OMB – Update from Hiser Burggraff Curtis

By Eric Hiser

In our article on “A New Beginning for ‘Begin Actual Constriction’ ” in September 2025, we discussed the EPA’s guidance in an individual source letter that relaxed the historic policy interpretation of “begin actual construction.” Readers may recall that historically, EPA has taken the position that any construction at a PSD facility except for limited ground clearing activities must be held in abeyance until the PSD permit is issued. In September guidance, the EPA allowed state… Read more here.