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A new U.S. EPA proposed rule would allow companies to start building non-emitting components or structures for manufacturing, essential power generation and data centers before obtaining a major New Source Review permit.
Both the EPA and industry representatives say the rule, if finalized, will bring needed clarity and flexibility to the NSR permitting process, spurring economic development.
The proposal, announced May 11, would revise the federal regulatory definition of “begin actual construction” and add a new definition of “pollutant-emitting activities.” The rule would dictate how permitting authorities distinguish between stationary sources and non-emitting components or structures, the EPA said.
The proposed rule is also is meant to support the development of artificial intelligence infrastructure and power generation. This will help accelerate data center construction, a priority outlined in a July 23 executive order, the EPA said.
