Environmental Protection Agency Proposes Flexibility for Pre-Permit Construction Under Clean Air Act New Source Review

Short summary

EPA proposes amending the Clean Air Act's New Source Review program to allow non-emitting construction (foundations, utility infrastructure) for power plants, data centers, and industrial facilities to proceed before obtaining permits. Comments due June 29, 2026. Projects proceed at owner's risk if permits are denied or modified, requiring facility design changes.

• •EPA would allow pre-permit construction of non-emitting structures and infrastructure for major facilities
• •Applies to power plants, data centers, petrochemical, and industrial facilities
• •Public comment period closes June 29, 2026; implementation varies by state and local jurisdiction

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