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ARTICLE · 23 JUNE 2026

Data Centers And Air Quality: Recent Changes And Important Considerations For Developers

Greenberg Traurig
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Three recent developments in air quality permitting are reshaping data center and large infrastructure development. How will proposed updates to EPA's New Source Review program, new emissions standards for on-site power generation, and ongoing turbine litigation impact project evaluation and regulatory compliance?

United StatesEnvironment
Eric Waeckerlin
Eric Waeckerlin
Lauren Hammond
Lauren Hammond
Courtney Shephard
Courtney Shephard
Marisa Del Turco
Marisa Del Turco

Three recent developments suggest that air quality permitting is becoming an increasingly central component of data center and other large infrastructure development. A proposed update to the U.S. Environmental Protection Agency (EPA)’s New Source Review (NSR) program; new emissions standards and categories for on-site power generation; and ongoing litigation over turbine use reflect an evolving regulatory dynamic that may shape the way projects are evaluated going forward.

Proposed NSR Revisions May Impact Project Sequencing

EPA has proposed a notable revision to the Clean Air Act’s (CAA) NSR program that could materially affect how data centers and other large infrastructure projects sequence construction and air permitting. In a May 2026 proposed rule, EPA seeks to revise the definition of “begin actual construction” and add a definition of “pollutant-emitting activities” to better distinguish between pollutant-emitting and non-emitting activities, allowing developers to initiate

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