Proposed EPA rule could weaken Texans’ voice on certain air permits used by data centers
The EPA is proposing a rule change that would give states, including Texas, greater power over public input on minor air permits, which are increasingly used by data centers. Environmental advocates are concerned this could weaken public participation in challenging industrial development in Texas. The EPA will hold a virtual public hearing on the proposal.
The U.S. Environmental Protection Agency (EPA) is proposing a significant rule change concerning permits for minor air polluters, potentially granting states more authority over the public notice and input process. In Texas, this could empower the Texas Commission on Environmental Quality (TCEQ) to revise its rules, potentially limiting residents' ability to protest or challenge permits, including those for data centers.
Environmental advocates, such as Jennifer Hadayia, Executive Director of Air Alliance Houston, and Kathryn Guerra, director of Public Citizen's Watchdog Campaign, express strong concerns. They fear the proposal could strip Texans of crucial tools to challenge industrial developments, especially as the state experiences a surge in data centers applying for minor pollution permits for their diesel generators. Cyrus Reed, conservation director for the Lone Star Chapter of the Sierra Club, also worries about the cumulative impacts of these projects, noting that many large data centers use numerous diesel generators but still qualify for minor permits.
The EPA, however, maintains that the change aims to reduce administrative burdens and streamline permitting, emphasizing that states would have the choice to decide what's best for their communities without weakening environmental protections or emission standards, according to spokesperson Carolyn Holran. Opponents, including Yvette Arellano, founder of Fenceline Watch, argue the rule would undermine transparency and accessibility for vulnerable communities. The EPA has scheduled a virtual public hearing on the proposal for July 22.