Is the EPA proposing to let states eliminate public notice and comment for some air pollution permits, including those for data centers and power plants?
Yes.
The EPA is proposing to remove public participation as a federal minimum requirement for state and local minor New Source Review programs. Those programs govern permits for new minor stationary pollution sources and minor modifications to existing sources.
Current federal rules generally require agencies to make permit information publicly available, advertise proposed actions and provide a 30-day comment period. Under the proposal, state and local air agencies could decide whether, when and how extensively the public may participate.
The rule is not limited to data centers, but it could cover data centers, backup generators and on-site power facilities classified as “minor” or “synthetic minor” pollution sources. It would not change federal participation requirements for major sources or major modifications.
The proposal also would not automatically erase existing state requirements; states seeking changes would have to revise their EPA-approved implementation plans.
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Sources
U.S. Environmental Protection Agency: Minor New Source Review Program Air Permitting Public Participation Requirements for State Implementation Plans
Code of Federal Regulations: 40 CFR § 51.161 — Public availability of information
U.S. Environmental Protection Agency: Clean Air Act resources for data centers
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