US EPA proposes repealing public participation requirement in emissions permitting
The US Environmental Protection Agency (EPA) plans to repeal a federal rule requiring public notification and an opportunity for public comment when certain industrial facilities apply for permits for air emissions. As The Verge reports, environmental organizations fear the changes could limit local residents’ ability to monitor data center projects and other industrial facilities.
Changes to the permitting procedure
The EPA initiative concerns the New Source Review procedure, which has been in place since the 1970s. It covers a broad range of facilities, from landfills and paper mills to power plant expansion projects.
With the spread of generative artificial intelligence, permits under this procedure have also become the subject of objections to the construction of new data centers and power plants intended to supply them with electricity. In July, the EPA announced its intention to repeal the federal public participation requirement for a significant group of polluters and shift responsibility for it to the states.
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Environmentalists’ warnings
Representatives of environmental organizations warn that if the changes are made, residents of neighboring communities may not have an opportunity to speak out about the pollution such facilities may cause, or even learn in advance about planned construction.
Cari Powell, senior attorney and head of the Air Quality Program at the Southern Environmental Law Center, said that, in her view, the change could allow companies to go through the permitting process without public participation.
