U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin issued a proposal Monday (May 11, 2026) to clarify preconstruction permitting requirements and bring flexibility to building non-emitting components or structures, such as certain cement pads and wiring, piping, and associated support structures. 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. If finalized as proposed, Americans will be able to start building non-emitting components or structures for essential power generation, data centers, and manufacturing prior to obtaining a major New Source Review (NSR) permit. 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.
“Today’s proposal works to provide solutions to issues that have held up critical American infrastructure and advance the next great technological forefront,” said EPA Administrator Zeldin. “Through commonsense permitting reform, the Trump EPA is fixing the broken system of government interference, while continuing to uphold our core mission to protect human health and the environment.”
EPA is proposing to revise the federal regulatory definition of “Begin Actual Construction,” and add a new definition of “pollutant-emitting activities.” If finalized, the rule will codify how permitting authorities distinguish between stationary sources and non-emitting components or structures, fulfilling the agency’s 2025 commitment to propose this clarification. The change will support the development of Artificial Intelligence (AI) infrastructure and power generation, a significant step forward in the Trump EPA’s efforts to provide affordable baseload power for American families and to advance the data centers essential to making the U.S. the AI capital of the world.
EPA will hold a 45-day comment period on this proposal. For more information, please visit EPA’s website.
Background
The Clean Air Act (CAA)’s NSR program is a preconstruction permitting program that requires certain stationary sources to obtain permits prior to beginning construction. The NSR permitting program applies to both new construction and to modifications of existing sources. Since the program’s inception, there has been ambiguity regarding what types of construction are permissible before obtaining a permit.
President Trump’s Executive Order 14179, “Removing Barriers to American Leadership in AI,” boldly calls for America to retain dominance in technological innovation through the creation of the 2025 “America’s AI Action Plan.”
In 2025, EPA launched a website to provide a central location for those looking to learn more about CAA regulations, guidance, and technical tools that can assist with modeling, air quality permitting, and regulatory interpretations relevant for data centers and AI facilities.
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