EPA weighs eliminating public comment requirements for a common data center air permit

Environmental advocates say the Environmental Protection Agency’s proposal to eliminate public comment requirements for “minor source” air permits is another attempt at weakening transparency amid the AI buildout.

Most data centers in Arizona, and across the country, obtain these permits to allow them to run backup diesel generators or small gas turbines.

The EPA is proposing eliminating a federal 30-day public notice requirement for those permits. Instead, the feds would let state and local air agencies decide how much public comment is necessary.

Sandy Bahr, director of the Sierra Club’s Grand Canyon Chapter, says the proposal clearly favors the data center industry.

“The trend by the government is to, in the name of efficiency, cut the public out,” Bahr said. “It is a disturbing trend because it means less transparency, less opportunity to raise issues that can be addressed early in the process.”

She also warned that Arizona lawmakers don’t give state or local air agencies discretion to create more stringent requirements than those enforced by EPA.

“So when the EPA weakens something, as they are with minor source permitting, the Arizona Department of Environmental Quality has no choice but to follow the EPA,” Bahr said.

In a statement, the Arizona Department of Environmental Quality said they’re “aware of and evaluating the EPA’s recently proposed rule regarding public participation requirements for minor source permits to determine its impact, if any, to Arizona.”

“ADEQ deeply values public engagement and transparency as core components of our mission. Our current minor source permitting processes — which include robust opportunities for public notice and comment — remain fully in place,” the agency added. “We will carefully review the federal proposal during the comment period to ensure we continue serving the best interest of Arizona communities.”