EPA Floats Redefinition of “Begin Actual Construction” to Speed Project Building

May 13, 2026


The Environmental Protection Agency proposed a rule on Monday to redefine the term “begin actual construction” so that data centers and other industrial facilities can start building “non-emitting components and structures” before obtaining all required federal permits (DRG News).

What’s going on: “For years, EPA’s definition of ‘Begin Actual Construction’ has imposed constraints on economic development and American ingenuity by slowing down parts of construction projects that pose no impact to human health or the environment.”

  • The rule would also add a new definition of “pollutant-emitting activities” to “codify how permitting authorities distinguish between stationary sources and non-emitting components or structures.”

What it could mean: If finalized, the proposed rule will allow companies in the U.S. to build non-emitting parts of their projects, such as cement pads, piping and wiring while they await permitting under the Clean Air Act’s New Source Review process.

  • The NSR program is intended to combat rising emissions levels that are generated from new facility operations.
  • “Cutting unnecessary permitting red tape will allow the reshoring of manufacturing, while still ensuring the highest degree of protection for human health and the environment,” according to DRG News.

In related news … Earlier this month, the EPA also launched the EPA Permitting Authority Map, which identifies the regulatory agencies with the authority to issue permits across all the EPA’s programs and environmental statutes.

Our view: “The EPA’s ‘Begin Actual Construction’ proposal is a win for manufacturers, who will now be able to continue to make progress on critical projects while they continue through the air permitting process,” said NAM Vice President of Domestic Policy Chris Phalen. “This commonsense approach will provide project certainty, support investments in advanced manufacturing and deliver job growth all while maintaining community and environmental protections.”