Data Centers and Air Quality: Recent Changes and Important Considerations for Developers

Short summary

The EPA is revising air quality permitting rules to allow data center developers to begin non-emitting construction (foundations, utility work) before securing NSR permits, streamlining timelines. New turbine emission standards create relief categories for temporary data center power units. DOJ intervention in xAI litigation signals federal priority around these regulations and could reshape Clean Air Act citizen-suit provisions.

• •EPA NSR revisions allow pre-permit construction of non-emitting structures (foundations, utilities)
• •New turbine emission standards provide streamlined compliance for temporary/small generators
• •DOJ intervention in xAI litigation signals federal stance on data center air quality disputes

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