Potential EPA Rule Change Sparks Concerns Over Public Participation in Polluting Facility Permits
The Trump administration is considering a regulatory adjustment that might streamline the process for establishing facilities such as gas plants and diesel-powered generators used by data centers, potentially minimizing public notification requirements.
At a recent Environmental Protection Agency (EPA) hearing, discussions centered on a proposed rule alteration that would empower states to determine the extent of public involvement in the permitting process for new sources of air pollution. This consideration arises amidst increasing resistance to data center development across the United States, with local communities often using the permitting process to delay or prevent such projects. Potential modifications could significantly impact how citizens are informed about new or expanding polluting facilities in their areas.
“As someone actively working in communities with data centers, I know this to be fundamentally true: People want to have a say,” stated Vanessa Lynch, a Pennsylvania organizer with Moms Clean Air Force, during the EPA session.
Under the Clean Air Act, companies that establish facilities emitting air pollutants must secure permits. Facilities are categorized as either “major” or “minor” sources of pollution, with the former requiring extensive federal and state reviews and public participation. Minor sources, however, are subject to less oversight, allowing for a wide range of facilities, from dry cleaners to diesel and gas engines, to be permitted with fewer public engagement requirements. These engines are increasingly employed by data centers, with companies like xAI and Meta using the minor source process for construction.
The Clean Air Act mandates public involvement in permitting, specifically for major sources through steps such as public hearings. While EPA regulations call for some public participation for minor permits, state-to-state enforcement varies widely.
If enacted, the proposed rule would allow state and local agencies, familiar with regional issues, to decide the timing and extent of public participation opportunities for new minor sources, according to an EPA spokesperson. The rule wouldn’t change emissions standards.
State-level differences significantly affect public involvement. Keri Powell, an attorney at the Southern Environmental Law Center, notes that her organization frequently engages in states like Georgia, which has robust public notification processes for minor sources. Recently, the group alerted state utilities about issues at a data center, leveraging information from public air permit applications. Eliminating the federal requirement could restrict community and legal group engagement in project reviews.
“Georgia is an example of a place where I can say I’m concerned,” Powell expressed.
Sara Lips of Georgia’s Environmental Protection Division stated the agency is evaluating how proposed federal changes might impact state regulations on public participation. Kentucky, another state with strong participation laws for minor permits, might maintain its current practices despite potential federal changes, according to Byron Gary of the Kentucky Resources Council. However, future administrations could alter this stance.
Original Story at www.wired.com