EPA Proposes Rule Transferring Air Permit Public Participation to States

The Environmental Protection Agency held a public hearing on Wednesday on a proposed rule change that would transfer authority to states over public participation requirements in air pollution permitting for new facilities. The Trump administration is considering the change as data centers face increased community opposition across the United States, with residents using permitting processes to challenge development projects. The proposal comes amid growing use of diesel and gas generators to power data centers, with companies such as xAI and Meta obtaining minor source permits for behind-the-meter gas plants.

Clean Air Act Permitting Distinguishes Major and Minor Pollution Sources

Companies building facilities that release air pollution are required to obtain permits under the Clean Air Act. Polluting sources undergo either a major permitting process for those meeting or exceeding thresholds for certain pollutants, or a minor process for those below thresholds. Major sources receive review from both federal and state regulators and face extensive requirements before and after construction. Minor sources have less oversight. The scope of minor source permitting includes dry cleaners, auto body shops, diesel engines, and gas engines.

Data Center Operators Use Minor Source Permits for Gas Infrastructure

Diesel and gas engines are increasingly used to power data centers. Operators such as xAI and Meta use minor source permitting processes to build behind-the-meter gas plants. The proposed EPA rule change could affect how communities receive notice about new or expanded polluting facilities in their neighborhoods. Many communities currently use the permitting process to slow down data center development.

Community Organizers Testify Against Reduced Public Participation

Vanessa Lynch, a Pennsylvania organizer with Moms Clean Air Force, testified at the EPA hearing on Wednesday. "As someone actively working in communities with data centers, I know this to be fundamentally true: People want to have a say," Lynch stated. Data centers face greater pushback across the United States, with communities challenging development through existing permitting procedures.

FAQ

What did the EPA propose at the Wednesday hearing? The EPA held a public hearing on Wednesday on a proposed rule change that would give states the power to decide how the public participates in the permitting process for certain new sources of air pollution.

How do data center operators obtain permits for gas infrastructure? Operators such as xAI and Meta use minor source permitting processes under the Clean Air Act to build behind-the-meter gas plants that power data centers. Minor source permits have less federal oversight than major source permits.