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EPA proposes removing public comment requirement for air pollution permits covering data centers
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The EPA has proposed removing the federal requirement for states to seek public input on air pollution permit applications for "minor sources," a category that includes data centers, allowing permits to be issued without public notification or comment periods.
This change could accelerate data center construction by eliminating a formal channel for community opposition, but it removes a transparency mechanism that has been used to challenge facilities with significant health impacts. The proposal shifts regulatory responsibility to states, some of which may eliminate public comment periods entirely.
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The proposed EPA change would remove the federal requirement for states to publicize air pollution permit applications and hold a 30-day public comment period for "minor sources" including data centers.
Attorneys General from 14 states and three cities signed an open letter opposing the change, arguing that "minor" sources can still pose significant health and environmental impacts.
The change could go into effect within the next year, allowing states to decide whether to maintain their own public comment requirements.
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