EPA Proposes Easing Preconstruction Rules to Accelerate U.S. Infrastructure and AI Projects

WASHINGTON — The U.S. Environmental Protection Agency has proposed revising federal air permitting regulations to allow certain non-emitting construction activities to begin before major federal permits are finalized, a move the agency says could accelerate infrastructure, manufacturing and artificial intelligence-related development across the country.

The proposal, announced May 11 by EPA Administrator Lee Zeldin, seeks to redefine the term “Begin Actual Construction” under the Clean Air Act’s New Source Review permitting program. The change would permit developers to begin work on non-polluting structures and components — including cement pads, wiring, piping and support systems — before receiving final preconstruction permits.

EPA officials said the proposed revision is intended to reduce delays that have slowed major construction projects without compromising environmental protections.

“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.”

The proposal would also establish a new definition for “pollutant-emitting activities,” helping regulators distinguish between emissions-producing equipment and non-emitting construction work.

Proposed Rule Targets Delays in Infrastructure Development

The New Source Review program requires certain industrial facilities and stationary sources to obtain permits before construction begins. The permitting process applies to both new facilities and modifications to existing operations.

According to EPA, ambiguity surrounding what constitutes “actual construction” has created uncertainty for developers and permitting agencies for decades. Industry groups have argued that delays in early-stage construction can significantly increase costs and slow project delivery timelines.

If finalized, the new rule would allow companies to move forward with preparatory work on projects involving power generation facilities, manufacturing plants and data centers while awaiting permit approvals for emissions-related equipment.

EPA said the clarification could support domestic manufacturing growth and strengthen the country’s position in artificial intelligence development by accelerating construction of energy infrastructure and data centers.

The proposal aligns with President Donald Trump’s Executive Order 14179, titled “Removing Barriers to American Leadership in AI,” which directs federal agencies to support technological innovation and the expansion of AI infrastructure.

AI Expansion and Manufacturing Cited as Key Drivers

EPA officials emphasized that the rule change is intended to support economic development while maintaining environmental oversight for emissions-producing operations.

The agency noted that non-emitting construction activities would still remain separate from any work involving equipment or processes that generate air pollution. Developers would still need to obtain required permits before beginning pollutant-emitting activities.

In 2025, EPA launched an online resource hub to help developers and permitting agencies navigate Clean Air Act regulations related to data centers and AI facilities. The agency said the latest proposal builds on those efforts by providing additional regulatory clarity.

The proposal will undergo a 45-day public comment period before any final rule is issued.

Construction and manufacturing stakeholders are expected to closely monitor the proposal, particularly as demand grows for data centers, energy projects and reshored industrial facilities across the United States.

If approved, the revised definition could reduce project delays and provide developers with greater flexibility during the early stages of construction planning.

Originally reported by EPA Press Office (press@epa.gov in United States Environment Protection Agency.