The Environmental Protection Agency is proposing a rule change that could speed up data center construction in South Dakota and across the country.

The change would eliminate the need for a Clean Air Act permit before developers begin contracts for non-emitting parts of a project, such as cement pads or other support structures.

John Walke, a senior attorney for the Natural Resources Defense Council, said regulators and judges would be less likely to halt construction once developers have already spent millions of dollars.

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“EPA specifically said it was undertaking this deregulatory action under the Clean Air Act to speed the accelerated construction and operation of data centers across the country,” Walke said.

The EPA argues Clean Air Act permits have restricted economic development by slowing construction projects the agency believes would not affect human health or the environment. A public comment period runs through the end of June.

The rule change would apply to every major source of industrial pollution in the United States, including hazardous waste incinerators, chemical manufacturing plants and oil refineries.

The Trump administration sought similar changes during its first term but faced significant public pushback. Walke said he believes the EPA’s latest attempt to remove regulations is part of the administration’s broader rollback of environmental protections nationwide.

“They have the power of deregulation at EPA and a mindset that technology companies and billionaires matter more than ordinary Americans,” Walke said.

A growing number of municipalities are rejecting data-center construction, largely because of high energy and water consumption, as well as concerns about toxic pollutants and climate-altering emissions.

Walke said the EPA aims to finalize the new rules by the end of the year, although legal challenges are expected.