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EPA proposes cutting public disclosure rules for data center emissions permits

The proposal would end a Clean Air Act requirement for states to publish permit applications and extend public comment for facilities emitting up to 250 tons of pollutants annually, shifting disclosure to individual states.

Reported · Written up by our desk · Industry

The U.S. Environmental Protection Agency has proposed scrapping a Clean Air Act provision that requires states to publicly disclose air pollution permit applications from data centers and other “minor” polluters, along with an extended public comment period, according to Bisnow.

If finalized, the change would limit federal-level transparency and place reporting and public feedback for data center air permits primarily in the hands of individual states. The proposal covers facilities emitting up to 250 tons of pollutants annually, a range that Bisnow notes could include operations beyond data centers, such as steel mills and laundromats.

Bisnow reports the rule shift arrives as opposition to data center projects grows across the U.S. and as data center development has become a major political issue ahead of the November midterm elections. The proposal has drawn pushback from 14 states and hundreds of advocacy groups.

While Bisnow says most data centers have relatively low direct emissions during regular operations, many still require federal air permits for emergency backup generators fueled typically by diesel, and sometimes natural gas. Bisnow adds that large campuses can have generators capable of producing hundreds of megawatts to keep facilities operating during grid outages, which can increase emissions if backup power is used for extended periods.

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