What Foundries Need To Know About NEW EPA Permitting Guidance

In late 2025, the Environmental Protection Agency (EPA) issued new guidance clarifying when certain construction activities may begin under the Clean Air Act’s New Source Review (NSR) program before a full pre-construction air permit is issued. The guidance is intended to reduce uncertainty in industrial project timelines and may offer meaningful benefits for non-ferrous foundries planning facility upgrades or expansions.

What’s Changing in EPA’s Permitting Approach
Under traditional NSR rules, facilities that emit air pollutants must obtain a pre-construction permit before “beginning actual construction” on new or modified emissions units. Historically, the definition of “begin actual construction” has been interpreted broadly, often delaying even preliminary project work while permits were under review.

EPA’s updated guidance clarifies that some early-stage activities—such as site preparation, foundation work, or construction of equipment housings—may not qualify as “actual construction” if they do not involve installing or modifying emissions-producing equipment. This clarification allows certain non-emitting activities to proceed in parallel with permit review, depending on project specifics and regulatory interpretation. EPA has also indicated it plans to pursue formal rulemaking in 2026 to further refine the regulatory definition of “begin actual construction,” potentially codifying clearer, more consistent boundaries nationwide.

Why This Matters to Nonferrous Foundries
Foundry expansions and equipment upgrades—such as new furnaces, melting lines, or casting capacity—are often capital-intensive projects with long lead times. Air permitting can become a critical-path delay that impacts business planning, customer commitments, and return on investment. Under the updated guidance, nonferrous foundries may be able to:

• Begin limited construction activities while permits are under review
• Reduce downtime between project approval and execution
• Improve coordination between construction schedules and capital planning

Importantly, the guidance does not eliminate permitting requirements. Emissions-generating equipment still requires full permit approval before installation or operation. However, the clarification provides more flexibility in how projects are sequenced.

Practical Steps for Foundries

1. Engage early with environmental consultants and permitting authorities to align on allowable early activities.
2. Review project scopes to identify non-emission-related work that may proceed prior to permit issuance.
3. Monitor upcoming EPA rulemaking and participate in public comment opportunities.
4. Build project schedules that account for parallel construction and permitting pathways where appropriate.

Bottom Line
EPA’s updated NSR permitting guidance reflects a growing recognition that regulatory clarity can support industrial investment without compromising environmental oversight. For non-ferrous foundries planning expansions in 2026 and beyond, this guidance may help reduce uncertainty, shorten timelines, and improve project execution—when applied carefully and in coordination with regulators.