The Trump administration wants to change public engagement rules for polluters

Trump administration It is quietly considering a rule change that could make it easier for polluters to build facilities — including some Gas stations And diesel generators so Energy data centers– with little notice to the public.

On Wednesday, the Environmental Protection Agency held a public hearing on a proposed rule change that would give states the authority to decide how the public will participate in the permitting process for certain new sources of energy. Air pollution. The proposed retreat comes as Data centers face greater opposition Across the United States, many communities are using the permit process to attempt this Slow down development. Any changes could have serious consequences for how ordinary people are notified about new or expanded contaminated facilities entering their neighborhoods.

“As someone who actively works in communities with data centers, I know this is fundamentally true: People want to have a say,” Vanessa Lynch, a Pennsylvania organizer with the Moms Clean Air Force, said at the EPA hearing.

Companies that build any type of facility that releases air pollution are required to obtain permits under the Clean Air Act. Polluted sources can be subjected to a “major” permitting process, meaning they meet or exceed maximum limits for some pollutants, or a “minor” permitting process for those that do not.

Major sources of pollution are reviewed by both federal and local regulatory agencies and have extensive pre- and post-construction requirements. However, there is less oversight of secondary sources. The scope of what is allowed as a secondary source is very wide and can include everything from dry cleaners and auto body shops to diesel and gas engines. The latter two are increasingly used to power data centers Operators such as xAI and Meta using secondary source permitting processes to build behind-the-meter gas plants.

The Clean Air Act requires public participation in permitting processes; Congress has specified that primary sources need to take several public steps, including a public hearing. Environmental Protection Agency rules Requires some public involvement to obtain secondary source permits. But thanks to a patchwork of state enforcement laws, this engagement process — and whether state agencies actually comply with EPA requirements — varies across the United States.

If the proposed rule is finalized, “it will put state and local agencies most familiar with local issues in the driver’s seat to determine whether, when, and for how long to provide opportunities for public participation for proposed new secondary sources and modifications,” an EPA spokesperson told WIRED, noting that the rule would not change emissions standards.

These differences from country to country can make a big difference in how the audience engages. Kerry Powell, an Atlanta-based attorney at the environmental legal advocacy group Southern Environmental Law Center, says groups like hers often end up taking up cases in states like Georgia, which, she says, has a more robust public notification and sharing process for secondary sources. Earlier this month, the group State facilities were alerted About construction issues at the data center, based on information they obtained from the companies’ general aviation permit applications. But if EPA eliminates the federal requirement, community and legal groups in the state may not get as much information about upcoming projects and be left out of participation and review.

“Georgia is an example of a place where I can say I’m concerned,” Powell says.

The agency is “determining whether proposed changes in federal rules would impact public participation requirements under state regulations,” says Sarah Lipps, communications director for the Georgia Department of Environmental Protection.

Kentucky also has stronger public participation laws regarding secondary source permits. Byron Gary, a senior staff attorney at the Kentucky Resource Council, says state agencies have made an “informal commitment” behind the scenes to maintain their public participation rules, even if the EPA changes its rules. But he says this could change: “Who knows (if) the next administration, whether they will actually change it.”