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

Austin, Tex. - On Tuesday the Trump Administration's Environmental Protection Agency proposed cutting the public out of air pollution permits for "minor sources," which include the large diesel generators that many data centers in Texas use. EPA's proposal removes any requirement for transparency or public participation for these pollution sources, including most data centers but also many other so-called minor sources like concrete batch plants and rock crushers.

As data centers rapidly expand across the country, many use fleets of diesel and gas generators while obtaining multiple "minor source" permits that can obscure cumulative pollution impacts. Instead of strengthening oversight, the administration is proposing to weaken one of the few tools communities have to understand and challenge new pollution sources in their neighborhoods. The Vantage data center just outside of San Antonio, for example, will have 80-plus diesel generators that will release harmful air pollutants into surrounding communities. The pollutants, like nitrogen oxides and particulate matter, are linked to heart and lung disease and cancer.

A recent article by Floodlight brought to light the already questionable tactics being used by Texas data center developers to avoid public scrutiny. Their "small first, big later" strategy involves applying for permits for a small number of on-site power sources initially, and then expanding later on. According to Floodlight's reporting and TCEQ records, since 2024, at least 38 data centers across Texas have received minor permits to operate these power sources. As a result, Texas regulators have allowed more than 2,100 backup diesel generators across the state.

Statement from Cyrus Reed, Sierra Club Lone Star Chapter Legislative & Conservation Director:

"Texans are too familiar with the many failures of our state environmental regulator, TCEQ, and we depend on the EPA to help keep our families and communities safe. This proposal would take away our right to tell TCEQ and the EPA exactly why we are concerned about pollution sources like concrete batch plants, data centers, and their energy generators that are drinking our water, invading our neighborhoods, and polluting our air.

Gov. Abbott has failed to call for more oversight of data center pollution, and he continuously appoints TCEQ commissioners who have done far too little for far too long. Removing the public from the EPA's current permitting process would be especially detrimental to Texans who rely on federal agencies to do what the Texas government won't. Unfortunately, it remains clear that both the Trump and Abbott administrations do not seem to care about our air quality and the impacts of corporate polluters on public health and safety."

EPA has scheduled a public hearing for its proposal on July 22, from 9 a.m. - 3 p.m. CT, and pre-registration is availablehere and due by July 19. Comments on the proposed rule are due August 21, 2026.

About the Sierra Club

The Sierra Club is America's largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit https://www.sierraclub.org.