EPA Eases Data Center Permitting with New Air Act Resource

In January 2025, the President signed an executive order titled “Removing Barriers to American Leadership in Artificial Intelligence.” The order tasked agencies with reviewing regulations that might block US AI development. Now, almost a year later, we’re seeing the impact of that executive order. The EPA has announced a new resource for data center developers in the form of a webpage. The new webpage is a compilation of Clean Air Act guidance designed to help developers avoid permitting challenges. A recent Gibson Dunn memo describes the resource stating:

“This new online hub is intended to be a user-friendly resource that compiles existing guidance documents and other regulatory resources aimed at helping data center developers determine if they are subject to permitting requirements and navigate applicable Clean Air Act regulations.

In addition, to further ease permitting challenges for data centers, EPA notes on the website that EPA staff are ‘available to consult with permit reviewing authorities and individual sources on a case-by-case basis to identify existing data, models, and tools to demonstrate compliance and, as appropriate, exercise discretion and flexibilities in the permitting processes.’ To assist with this goal, EPA has created its own data center team with contacts in EPA’s Office of Air and Radiation, and separately encourages data center developers to contact their appropriate EPA Regional office for assistance with permits.”

These efforts from the EPA underline the administration’s focus on building AI infrastructure and easing the regulatory burden on developers. As we enter 2026, we can expect other federal agencies to make similar efforts.