HEADLINE: “EPA Changes Reg to Allow Construction Before Air Permits are Issued”, By JIM WILLIS
“EPA Changes Reg to Allow Construction Before Air Permits are Issued are designed to accelerate the construction of essential power generation and manufacturing facilities.”
EPA Changes Reg to Allow Construction Before Air Permits are Issued
ELECTRICAL GENERATION | INDUSTRYWIDE ISSUES | REGULATION
September 10, 2025
EPA Changes Reg to Allow Construction Before Air Permits are Issued are designed to accelerate the construction of essential power generation and manufacturing facilities. EPA’s 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. More common-sense solutions from the Trump administration to address a completely screwed up regulatory state.
Here’s a good overview of the news from the Tampa Free Press:
The U.S. Environmental Protection Agency (EPA) announced new guidance today to streamline its New Source Review (NSR) permitting process, a move designed to accelerate the construction of essential power generation and manufacturing facilities.
The change, revealed by Administrator Lee Zeldin, will provide clarity for builders, allowing them to begin certain preliminary activities, such as laying cement pads, before a full Clean Air Act (CAA) construction permit is issued.
“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.”
The new guidance is a key component of the Trump administration’s “Powering the Great American Comeback Initiative” and aims to address the nation’s energy demands while promoting the development of data centers. These data centers are seen as crucial to making the U.S. the global leader in artificial intelligence (AI).
A Shift in Permitting Philosophy
The NSR program, which falls under the CAA, is a preconstruction permitting process that applies to both new facilities and major modifications of existing ones. The new guidance distinguishes between construction activities that affect air emissions and those that don’t.
This distinction is intended to prevent non-emissions-related site work from being held up by a lengthy permitting process.
The EPA also plans to initiate a formal rulemaking process to revise the definition of “Begin Actual Construction,” which would codify this change. The goal is to make it easier for companies to understand which activities can proceed without a permit, reducing overall construction timelines.
Strategic Push for AI Dominance
This announcement follows recent efforts by the Trump administration to promote American energy and manufacturing. In July, Administrator Zeldin attended the Pennsylvania Energy & Innovation Summit alongside President Trump, where industry leaders announced over $90 billion in new investments for the state. These investments, highlighted by Zeldin in a Fox News op-ed, are intended to create jobs and power the ongoing AI revolution.
The EPA’s actions are part of a broader strategy to streamline regulations to foster economic growth and secure the U.S.’s position as a leader in emerging technologies. The agency states it will continue to advance this mission while maintaining its core responsibility to protect human health and the environment. (1)
The EPA issued this announcement:
Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced new guidance on 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 Summit and 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-ed published 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. (2)
Updated guidance issued by the EPA:
On February 4, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the Agency’s Powering the Great American Comeback initiative to achieve the Agency’s mission while energizing the greatness of the American economy. The initiative includes actions to address America’s energy needs and promote the development of data centers critical to making the U.S. the world’s leader in Artificial Intelligence, all while taking the necessary steps to safeguard human health and our environment.
EPA’s permitting reforms are critical to expedite construction of essential power generation and industrial facilities. EPA is working on redefining preconstruction so that a company looking to build an industrial facility or a power plant can begin certain building activities that are not related to air emissions prior to obtaining a Clean Air Act construction permit.
The Clean Air Act’s New Source Review (NSR) program is a preconstruction permitting program that requires certain stationary sources of air pollution to obtain permits prior to beginning construction. The NSR permitting program applies to both new construction and to modifications of existing sources. To provide greater clarity on construction activities permissible under the Clean Air Act prior to obtaining an NSR permit, EPA is proposing new guidance and intends to propose and finalize a rule in 2026 that would revise the definition of “begin actual construction” in EPA’s NSR regulations. These actions will assist permitting authorities in properly distinguishing between emissions units and other parts of a stationary source facility that are not an emissions unit or part of an emissions unit. Additionally, these actions will ensure companies know what parts of their construction need an NSR permit and what construction activities can proceed without an NSR permit. (3)
This is great news for planned gas-fired power plants coming along in the Marcellus/Utica. A recent slew of new projects has been announced. This relaxation of the requirement to get an air permit first (for non-air-related construction) makes sense. It’s one less tool for the left to use against gas-fired power plants.
(1) Tampa (FL) Free Press/Danielle Shockey (Sep 9, 2025) – EPA Eases Permitting Rules To Fast-Track Power And Manufacturing Projects
(2) U.S. Environmental Protection Agency (Sep 9, 2025) – EPA Announces Permitting Reform to Provide Clarity, Expedite Construction of Essential Power Generation, Reshore Manufacturing
(3) U.S. Environmental Protection Agency (updated Sep 9, 2025) – Construction Activities Allowed Before Obtaining a Preconstruction Air Permit
BOTTOMLINE: “This is great news for planned gas-fired power plants coming along in the Marcellus/Utica. A recent slew of new projects has been announced. This relaxation of the requirement to get an air permit first (for non-air-related construction) makes sense. It’s one less tool for the left to use against gas-fired power plants.”