Trump’s EPA Seeks Looser Construction Rules for Gas Plants, Data Centers and Factories

The U.S. Environmental Protection Agency (EPA) announced proposed rule changes on Monday, which would permit gas power plants, data centers, and factories to commence construction on non-polluting elements like piping, wiring, and cement pads prior to securing air-emission permits. EPA Administrator Lee Zeldin stated that this proposal aims to resolve issues hindering critical American infrastructure and advance technological progress, particularly in the global AI competition. The changes are now open for a 45-day public comment period. This initiative by the Trump administration seeks to relax environmental regulations to expedite construction, with a backdrop of major tech companies such as Amazon, Meta, Microsoft, and Google rapidly expanding data center infrastructure nationwide to support energy-intensive AI technologies. President Donald Trump had previously issued an executive order to remove safeguards that could impede AI development. Environmental advocates, including David Baron, a senior attorney with Earthjustice, strongly oppose the changes. Baron warns that loosening construction definitions, which are integral to the Clean Air Act, will make it significantly harder for communities to safeguard air quality. He emphasized that allowing substantial investment and construction before permits are issued creates considerable "political difficulty" in subsequently rejecting air permits. Keri Powell, a senior attorney at the Southern Environmental Law Center, echoed these concerns, noting that a gas plant could be nearly finished under the new rules, excluding only the core air-permitting technology. This would exert immense political pressure on local and state agencies responsible for permit decisions. The EPA's federal actions align with similar measures taken in Virginia, a state with a high concentration of data centers. In January, the Virginia Department of Environmental Quality (DEQ) issued guidance clarifying that certain construction activities, like building structures not housing backup generators, are permissible before obtaining an air permit. This clarification came shortly before Republican Gov. Glenn Youngkin, a data center proponent, left office. Virginia's largest electric utility, Dominion Energy, has reported that data center power requests have surged to over 70 gigawatts, far exceeding the state's record peak demand.