EPA proposes ending mandatory public notice for minor pollution permits, letting data centres operate with less scrutiny

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EPA wants states to decide whether residents receive pollution permit notices

Data centers could face less public scrutiny under the proposed changes

Minor pollution permits would no longer require federally mandated public notice

A newly proposed rule from the US Environmental Protection Agency (EPA) would eliminate federal requirements for public notice on many minor pollution permits.

The change specifically concerns so-called minor New Source Review permits issued under the Clean Air Act framework across the country.

Critics argue the shift could let power-hungry data centers avoid scrutiny while running on-site gas turbines near residential neighbourhoods.

State regulators would gain control over public notice

Under the proposal, state and local air quality authorities would decide whether communities are told about new pollution sources.

This would replace a long-standing federal requirement that mandated advance disclosure and public comment periods for minor-source industrial air permits.

EPA says the change would reduce administrative burdens while allowing authorities closer to affected communities to decide appropriate public participation requirements.

The agency also says existing pollution standards would remain applicable, meaning the proposal does not itself remove emission limits.

However, the Environmental Protection Network (EPN), a group formed by former EPA employees, has formally opposed this proposed rule change in public comments.

“By eliminating the long-standing federal requirement for public notice, this proposal continues efforts by the current administration to turn its back on the fundamental EPA principle of transparency,” said Mike Koerber, a former deputy director of EPA’s Office of Air Quality Planning and Standards.

He argued that the change shows a wider retreat from the agency's own transparency commitments made publicly earlier this year.

EPA Administrator Lee Zeldin said "the public must be able to trust our work," and he called for “the fullest possible public participation in our decision making.”

Nevertheless, critics claim that the new proposal directly contradicts that same memorandum's earlier promise to maximize citizen input in all agency decisions.

Data center pollution debate intensifies amid AI boom

This debate arrives as data center construction accelerates rapidly nationwide, driven largely by demand tied to artificial intelligence development.

Developers often choose on-site gas turbines for power instead of waiting years for traditional utility grid connections to become available.

These turbines can emit nitrogen oxides along with several other pollutants, raising real air quality concerns among residents living near new facilities.

A recent Gallup survey found that more than 70% of Americans would oppose a similar facility near their own home.

Despite that opposition, the Trump administration has continued backing data center expansion, with Trump linking the industry to lower taxes.

“Taxes are going to go way down because this is a tremendous source of income,” said President Donald Trump.

He made those remarks after criticizing a decision by Texas officials to temporarily halt new approvals letting data centers connect to the power grid.

The EPA did not immediately respond to a detailed request for comment regarding the proposed changes described in this report.

Administrator Zeldin, however, reiterated that authorities closer to each region are better suited to judge local water, air, and electricity conditions.

Via The Register