EPA Proposal Sparks Concerns Over Reduced Public Input in Air Permits

EPA’s Proposal on Air Permit Transparency Sparks Debate

The recent proposal by the Environmental Protection Agency (EPA) to abolish public comment stipulations for “minor source” air permits is stirring controversy among environmental advocates. These permits are crucial for data centers, which use them to operate backup diesel generators and small gas turbines.

Under the new proposal, the longstanding federal mandate of a 30-day public notice for these permits would be removed. Instead, state and local air agencies would determine the level of public commentary required. This change has raised concerns about transparency and public involvement in environmental decision-making.

Sandy Bahr, the director of the Sierra Club’s Grand Canyon Chapter, criticized the proposal, suggesting it disproportionately benefits the data center industry. “The trend by the government is to, in the name of efficiency, cut the public out,” Bahr stated. “It is a disturbing trend because it means less transparency, less opportunity to raise issues that can be addressed early in the process.”

Bahr further highlighted that Arizona law does not permit state or local bodies to enforce stricter requirements than the EPA. Thus, any relaxation of federal rules directly impacts local regulatory capabilities. “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,” she explained.

The Arizona Department of Environmental Quality (ADEQ) responded, noting they are “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 affirmed its commitment to transparency and public involvement, stating, “Our current minor source permitting processes — which include robust opportunities for public notice and comment — remain fully in place. We will carefully review the federal proposal during the comment period to ensure we continue serving the best interest of Arizona communities.”