The Environmental Protection Agency (EPA) has proposed a rule aimed at accelerating permitting and construction timelines for AI infrastructure, data centers, power generation, and manufacturing projects by revising how the Clean Air Act’s New Source Review (NSR) program defines “begin actual construction.” EPA said the proposed rule is intended to reduce permitting uncertainty and allow developers to begin certain non-emitting construction activities before obtaining major air permits, which the agency described as part of its broader effort to support AI infrastructure buildout and expand baseload power generation.
Under the proposed rule, companies could begin certain non-emitting site preparation and construction activities before obtaining a major NSR permit, including grading, excavation, paving, utility installation, temporary construction facilities, and some foundations and storage structures. EPA also proposed a new definition of “pollutant-emitting activities” to clarify which equipment and structures would still require permits before construction begins. The agency said the changes are intended to distinguish non-emitting construction work from emissions-producing operations and create more consistency across federal, nonattainment, and Tribal NSR permitting programs. In practice, the proposal would allow developers to begin certain site preparation and supporting construction work before receiving final NSR air permits for emissions-producing equipment, potentially shortening overall project development timelines.
Comments on the proposal are due June 29, 2026 through the federal eRulemaking portal here using Docket ID EPA-HQ-OAR-2025-0618. EPA also said it will hold a virtual public hearing on May 28, 2026 from 10 a.m. to 4 p.m. ET if requested by May 18, 2026. Requests for a hearing must be submitted to OSAPpublichearing@epa.gov, and individuals interested in providing oral testimony at the hearing would need to register on the EPA website by May 25, 2026.