A proposed Environmental Protection Agency (EPA) rule would eliminate federal notice-and-comment requirements for certain “minor” air permits, potentially allowing states to streamline approvals for projects such as data centers, power plants and other infrastructure developments. Supporters say EPA’s change would give states greater flexibility and accelerate permitting, while critics argue it could reduce opportunities for public engagement in communities affected by new projects.
Bracewell’s Whit Swift told E&E News the proposed rule could significantly shorten permitting timelines for minor sources in states that choose to scale back public participation requirements.
“I think that can be really a slow and painstaking process for the states, and it’s one that they have to be very careful about because the permitting authority wants to avoid some sort of procedural error where you fail to respond to someone’s comment or something like that and it has a cloud over the whole permit,” Swift said.
