EPA Moves to Eliminate Public From Permitting Process for Data Centers, Concrete Batch Plants

The EPA has proposed removing public notice and comment requirements for air permits covering "minor sources" of pollution. This category includes the diesel and gas generators many data centers use for backup power, along with concrete batch plants and rock crushers. Right now, people can weigh in when these facilities apply for permits. Under the new proposal, that step would disappear.

The change matters most to anyone who might end up living near a data center, since these facilities often run large fleets of generators. One example cited: a data center near San Antonio will use more than 80 diesel generators, which release nitrogen oxides and particulate matter linked to heart and lung disease. In Texas, developers have reportedly used a "small first, big later" approach, applying for permits covering a handful of generators, then expanding once the facility is running, all without added public scrutiny. The state has already approved more than 2,100 backup diesel generators this way since 2024.

If you live near a proposed data center, concrete plant, or similar facility, this proposal would take away a tool you'd currently have to raise concerns during the permitting process. The EPA has scheduled a public hearing on July 22, with pre-registration due July 19, and is accepting written comments on the proposed rule through August 21, 2026. Whether this affects your area may depend on what kind of industrial development is planned nearby and how your state's environmental agency handles these permits.