FPA Submits Comments on NPRM to Amend Definition of Begin Actual Construction

The Flexible Packaging Association (“FPA”), the national organization representing U.S. manufacturers of flexible packaging, supports the EPA’s May 13, 2026, Notice of Proposed Rulemaking (“NPRM” or “Notice”) to amend the “Prevention of Significant (“PSD”) and “Nonattainment Area (NNSR) Permit Programs’ shared New Source Review (“NSR”) regulatory definitions of “begin actual construction” and adding a new definition of “pollutant emitting activities.” If the NPRM is finalized, it will allow Owners/operators (“O/o”) of NSR-regulated sources to install non-emitting structures of a permanent nature as well as peripherals such as electric and water piping before an O/o receives an NSR preconstruction permit to construct a “major emitting source” or “major modification of a major emitting source.” FPA believes this is what Congress intended in 1977, when it amended the Clean Air Act by adding the New Source Review (NSR) program, and FPA supports the proposed rule.