EPA Announces Permitting Reform to Provide Clarity, Expedite Construction of Essential Power Generation, Reshore Manufacturing

EPA Announces Permitting Reform to Provide Clarity, Expedite Construction of Essential Power Generation, Reshore Manufacturing

September 9, 2025

WASHINGTON-Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced new guidanceon New Source Review (NSR) preconstruction permitting requirements to provide much needed clarity for the buildout of essential power generation and reshoring of manufacturing. This action provides flexibility to begin certain building activities that are not related to air emissions, such as installing cement pads, before obtaining a Clean Air Act (CAA) construction permit.

With this action, the Trump EPA is addressing America's energy needs and promoting the development of data centers critical to making the U.S. the Artificial Intelligence (AI) capital of the world, all while taking necessary steps to protect human health and safeguard our environment.

"For years, Clean Air Act permitting has been an obstacle to innovation and growth," said EPA Administrator Zeldin. "We are continuing to fix this broken system. Today's guidance is another step to allow the build out of essential power generation, data centers, and manufacturing projects that will bring about America's Golden Age."

EPA intends to initiate a rulemaking to revise the definition of "Begin Actual Construction" in EPA's NSR regulations and codify how permitting authorities may distinguish between emissions units and other parts of a stationary source facility that are not an emissions unit or part of an emissions unit. By doing so it will be easy to understand what parts of construction need an NSR permit and what construction activities can proceed without an NSR permit. This will also allow cut down on construction deadlines.

Background

The 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.

Making America the AI Capital of the World is a core pillar of Administrator Zeldin's Powering the Great American Comeback Initiative. In July, Administrator Zeldin attended the Pennsylvania Energy & Innovation Summitand participated in a roundtable alongside President Trump and National Energy Dominance Council (NEDC) partners where industry leaders announced over $90 billion in investments in the Keystone State, creating jobs and helping to unleash American energy to power the AI revolution.

In a Fox News op-edpublished following the trip, Administrator Zeldin highlighted EPA's proposals to streamline permitting and regulations to accelerate American data center development. EPA will continue to do its part advance America's leadership in AI while maintaining its core mission of protecting human health and the environment.