Story perspectives

EPA Moves to Drop Public Comment for Data Centers

8/26/2026

Summary

Story summary

EPA proposes eliminating federal public-notice and comment requirements for pre-construction air-pollution permits covering data centers.
The rule would allow local agencies to issue permits for “minor sources” without a 30-day public comment period.
“Minor source” is defined as any facility emitting less than ten tons of hazardous air pollutants per year.
Attorneys general from a dozen states, Washington, D.C., New York City and Chicago signed a letter opposing the change.

History

Historical Context

The 1955 Act limited the federal role to research, while the 1970 Clean Air Act—signed by President Nixon—created the EPA and required public notice for permits. After the EPA issued about 250 permits and $8 billion in grants in the 1970s, the proposal to drop comment for permits under ten tons faces opposition from California, New York City, Chicago and twelve state attorneys general.

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Story summary

EPA proposes eliminating federal public-notice and comment requirements for pre-construction air-pollution permits covering data centers.
The rule would allow local agencies to issue permits for “minor sources” without a 30-day public comment period.
“Minor source” is defined as any facility emitting less than ten tons of hazardous air pollutants per year.
Attorneys general from a dozen states, Washington, D.C., New York City and Chicago signed a letter opposing the change.

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