INFRA Signal 448
EPA proposes dropping federal public notice requirements for minor-source air permits covering some datacenters
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The EPA proposes eliminating mandatory public notice and comment for minor New Source Review air pollution permits, leaving state and local regulators to decide whether the public is informed about new pollution sources including some datacenter projects.
Datacenter operators using on-site gas turbines may see facilities permitted as minor or synthetic-minor sources, avoiding both major-source pollution controls and public scrutiny. The change shifts transparency decisions to state and local authorities, which the Environmental Protection Network argues contradicts the EPA administrator's own transparency commitments.
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The proposed rule would eliminate federal minimum requirements for public notice and comment on minor New Source Review air permits under the Clean Air Act.
State and local air quality authorities would decide whether and to what extent public participation is necessary for minor-source permits.
Datacenters with on-site fossil-fueled generators could be permitted as minor or synthetic-minor sources, avoiding more stringent major-source review and public scrutiny.
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