Groups Urge EPA to Stop Preconstruction Rule Change
Environmental and health organizations argue a proposed rule allowing industrial polluters to build before securing permits violates the Clean Air Act.
A coalition of environmental and public health organizations has filed formal objections to a proposed federal rule that would allow data centers and other major industrial polluters to begin construction before obtaining air quality permits.
The groups, alongside tens of thousands of individuals submitting public comments, are calling on the U.S. EPA to withdraw its proposal, titled “Begin Actual Construction in the New Source Review Preconstruction Permitting Program.”
Under the proposed changes, companies would be permitted to complete significant infrastructure work—such as pouring concrete foundations, installing utility lines and erecting entire buildings—before securing required clean air permits. The EPA’s proposal redefines “begin actual construction” to exclude components that do not directly emit pollutants, even if those structures are essential to the facility’s operation.
Opponents argue the rule would roll back nearly 50 years of Clean Air Act enforcement, effectively cutting communities out of the decision-making process until projects are nearly finished. They contend that allowing developers to invest hundreds of millions of dollars before an environmental review is complete creates undue pressure on regulators to approve final permits, regardless of localized health impacts.
According to the coalition’s formal comments, the rule would disproportionately affect communities already overburdened by poor air quality. Legal analysts within the groups stated the proposal is unlawful and contradicts the core text of the Clean Air Act, which historically mandated environmental and public health assessments before physical groundbreaking occurs.
About the Author
Jesse Jacobs is Assistant Editor of EPOnline.com.
