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

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

News ClipKJZZ·AZ·7/16/2026

The Environmental Protection Agency (EPA) is proposing to eliminate a federal 30-day public notice requirement for "minor source" air permits, which are commonly used by data centers for backup generators. Environmental advocates, including the Sierra Club's Grand Canyon Chapter, are concerned this move will weaken transparency and disproportionately favor the data center industry. The Arizona Department of Environmental Quality (ADEQ) is evaluating the proposal while emphasizing its commitment to public engagement.

environmentalgovernmentelectricity
Gov: Environmental Protection Agency, Arizona Department of Environmental Quality, Sierra Club Grand Canyon Chapter

The Environmental Protection Agency (EPA) has put forth a proposal to remove a federal 30-day public notice requirement for "minor source" air permits. These permits are crucial for many data centers across the U.S., including those in Arizona, as they allow them to operate backup diesel generators or small gas turbines.

Environmental advocates are expressing strong opposition, viewing the EPA's proposal as an attempt to reduce transparency amid the rapid expansion of artificial intelligence (AI) infrastructure. Sandy Bahr, director of the Sierra Club’s Grand Canyon Chapter, criticized the move, stating it favors the data center industry by reducing public involvement. She also highlighted that Arizona state laws do not permit state or local air agencies to establish stricter requirements than those set by the EPA, meaning any federal weakening would directly impact Arizona's environmental protections.

The Arizona Department of Environmental Quality (ADEQ) has acknowledged the EPA's proposed rule change and is currently assessing its potential impacts on the state. ADEQ emphasized its strong commitment to public engagement and transparency, confirming that its current minor source permitting processes, which include public notice and comment opportunities, will remain in effect while they review the federal proposal.