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The U.S. Environmental Protection Agency (EPA) has announced the decision to prioritize the review of new chemicals under the Toxic Substances Control Act (TSCA) that are intended for use in data center projects or for the manufacturing of covered components. This policy starts with submission received on or after September 29, 2025.
This prioritization is a direct response to a colossal backlog in new chemical reviews inherited from Biden Administration, which has hindered progress in data center and AI projects.
"The Trump EPA wants to get out of the way and help speed up progress on these critical developments, as opposed to gumming up the works. We are taking every step possible to make America the artificial intelligence capital of the world." stated EPA Administor Zeldin.
Qualified Projects
The prioritization applies to new chemicals intended for use in data center projects or in the manufacturing of covered components, provided these pertain to a "Qualifying Project" as defined by Executive Order 14318, "Accelerating Federal Permitting of Data Center Infrastructure". A project is considered a "Qualifying Project" if it meets any of the following criteria:
The Project Sponsor has committed at least $500 million in capital expenditures, as determined by the Secretary of Commerce;
The project involves an incremental electric load addition greater than 100 MW;
The project protects national security; or
The project has been otherwise designated as a "Qualifying Project" by the Secretary of Defense, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of Energy.
How to Submit?
Starting September 29, 2025, Companies who seek prioritized review can submit a cover letter through with their new chemical submission in the PMN Form in the Central Data Exchange (CDX).
To get prioritized review, your cover letter must state your chemical supports a specific "qualifying project" (e.g., $500M investment, >100MW power, or national security) and include documentation proving both the project's qualifying status and your chemical's intended use within it.
EPA has provided instructions on how to submit requests for prioritized review.
While EPA is focusing on expediting the review of new chemicals related to the Executive Order, the agency is committed to review all new chemicals in a timely manner to reduce the massive backlog under review.
