EPA published a proposed rule on July 1 that would strip the federal minimum public notice and comment requirement from minor New Source Review permits, the Clean Air Act pathway states use to approve smaller pollution sources, including the backup diesel generators and gas turbines that power most data centers. Under the EPA’s proposal, Administrator Lee Zeldin would hand the decision on “whether, when, and for how long” to give the public notice entirely to state and local air agencies.
Texas shows what that looks like in practice. Sierra Club says at least 38 Texas data centers have secured minor permits since 2024, covering more than 2,100 backup diesel generators, including a Vantage facility near San Antonio running over 80 units. Georgia’s Environmental Protection Division says it’s still checking whether its own state rules would have to change; Kentucky Resources Council attorney Byron Gary says his state has only an “informal commitment” to hold the line, one a future administration could drop.
This isn’t a standalone tweak. In May, EPA proposed redefining “begin actual construction” under NSR to let developers pour foundations and run utility lines before they even hold a permit. Stack the two rules together and a data center operator could break ground and skip the neighbors, all before a single comment gets filed.
The comment period runs through August 21, after a July 22 virtual hearing. No litigation yet, but expect one: minor NSR delegation to states with weaker sunshine laws is exactly the kind of record environmental groups build APA challenges on.
— James Okafor