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EPA proposes removing public review rules for data center air permits

The proposal would drop a Clean Air Act requirement for states to disclose permit applications and extend public comment for sources emitting up to 250 tons annually, including data centers.

Reported · Written up by our desk · PropTech

The Environmental Protection Agency has proposed eliminating a Clean Air Act requirement that forces states to publicly disclose air pollution permit applications from data centers and other small polluters, a move that could reduce how much information communities receive when new facilities are planned, according to Bisnow.

Under the EPA proposal, the change would apply broadly to facilities emitting up to 250 tons of pollutants per year, rather than only data centers. If finalized, reporting and the length of public comment would shift fully to individual states.

Bisnow notes that while a data center’s direct on site emissions may be relatively low during normal operations, many projects still need federal air permits for emergency backup generators, which are typically fueled by diesel or, less commonly, natural gas.

The EPA action comes amid growing opposition to data center development across the U.S., and Bisnow reports the proposed change has drawn pushback from 14 states and hundreds of advocacy groups as data center projects become a major political issue ahead of the November midterm elections.

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