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flag The EPA says Clean Air Act rules only apply to actual emission units, not non-emitting construction, speeding up projects like data centers and chip plants.

flag The EPA has clarified that Clean Air Act preconstruction rules apply only to work on actual emission units, not non-emitting infrastructure like foundations or walls, allowing projects such as data centers and semiconductor plants to begin non-emissions-related construction earlier. flag This change, effective immediately via a September 2025 letter to TSMC Arizona, resolves long-standing uncertainty and aims to reduce delays and costs. flag The agency plans to finalize a rulemaking by late 2026 to formally codify the narrower definition of “begin actual construction,” ensuring consistency and preventing future reversals. flag Until then, the EPA will provide case-by-case guidance. flag While early construction remains at the developer’s risk—potential permit conditions could require changes or demolition—the update is expected to streamline project timelines without weakening environmental oversight.

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