The Environmental Protection Agency is proposing to remove a federal requirement that forces states to seek public feedback on applications for air pollution permits, according to reporting by The New York Times. The change would apply to permits for “minor sources” of air pollution, a category that includes data centers, landfills, laundromats, and steel mills.
If implemented, the proposal would allow states to decide independently whether to solicit public comment on permit applications. Currently, federal law requires a public comment period for these permits. The EPA’s position is that minor sources do not require federal oversight, but the proposal has drawn significant opposition.
The concern centers on data centers, as local communities increasingly seek to delay or prevent AI data center construction. Recent analysis suggests environmental impacts are substantial. According to the Harvard School of Public Health, the Vantage data center in Loudoun County, Virginia, contributed between $53 million and $99 million in annual health damages—the largest estimate for any single facility ever recorded.
Researcher Michael Cork’s analysis directly influenced a Fluvanna County, Virginia proposal to expand a fossil fuel plant. The expansion was denied based on findings from Cork’s analysis that “shaped the public discussion leading up to the… vote.” The EPA’s proposal would eliminate the public discussion component that shaped such decisions.
Attorneys General from 14 states and three cities signed an open letter opposing the change, arguing that “even ‘minor’ sources can pose significant health and environmental impacts.” They contend that removing publicization requirements and the 30-day comment period “sidelines these fundamental transparency and democratic safeguards in the name of administrative expediency and relieving regulatory burdens, particularly for accelerating the buildout of data centers and other artificial intelligence (AI) infrastructure.”
Previous approval processes have already raised concerns about public access. In Gilroy, California, an Amazon data center began construction without the knowledge of many residents, as the public comment period had lapsed two years before construction began. In Festus, Missouri, residents sued the city, arguing insufficient time was given for public review of a data center proposal.
Under current environmental law, states can impose stricter standards than federal minimums. The EPA change would allow states to eliminate public comment periods since they would no longer be federally required. The proposal is expected to take effect within the next year.
Key facts
- The EPA proposes removing the federal requirement for states to publicize air pollution permit applications and solicit public feedback
- The change targets ‘minor source’ permits, including data centers, but would shift oversight responsibility to individual states
- The Harvard School of Public Health estimated a Virginia data center caused between $53 million and $99 million in annual health damages
- Attorneys General from 14 states and three cities oppose the change, citing elimination of transparency and democratic safeguards
- Previous data center approvals have limited public input, including a Gilroy, California Amazon facility that began construction years after its comment period ended