Senior Associate Nikki Waxman (Washington, DC) spoke with Manufacturing Dive about the U.S. Environmental Protection Agency’s (EPA) proposed rule revising the Clean Air Act’s New Source Review (NSR) permitting requirements to allow owners and operators to begin certain non-emitting construction activities before obtaining an NSR permit. B&D wrote about the proposed rule to redefine “Beginning Actual Construction” in an earlier news alert.

In “EPA Proposal to Ease Some Construction Restrictions a ‘Win for Manufacturers,’” Nikki explained that greater certainty in Clean Air Act permitting is important for manufacturers because those  “projects often involve construction schedules with long lead times, which can make it challenging for facilities to wait until they have an air permit in hand before starting any sort of site work.

Nikki emphasized, however, that the proposed rule “would not a company to operate without a permit, and it would not change the substantive NSR requirements.” She noted that “manufacturers would still need to assess whether the specific construction activity is general-purpose, non-emitting infrastructure, or whether it is uniquely configured to serve emitting process equipment.”

Beveridge & Diamond’s Air practice group helps private and municipal clients navigate all aspects of compliance with Clean Air Act regulations. We frequently assist clients in commenting on and bringing administrative challenges to EPA rulemakings. Our team of litigators represents clients in administrative rulemakings and appellate matters in numerous state and federal courts, including the D.C. Circuit and U.S. Supreme Court. In 2024, B&D was part of a state/industry coalition that won a rare Supreme Court stay of a major EPA rule in Ohio v. Environmental Protection Agency.