The US Environmental Protection Agency is considering a rule change that could let states decide whether and how local people are consulted on permits for smaller air-pollution sources. Critics say this could make it easier to build gas plants and diesel generators for data centres with little public notice, at a time when communities are increasingly using permitting processes to challenge such developments.

Under the Clean Air Act, major polluters face extensive federal and state review, while “minor” sources receive less oversight despite covering facilities from dry cleaners to diesel and gas engines. Operators including xAI and Meta have used minor-source permits for behind-the-meter gas plants, and environmental groups warn that removing a federal participation requirement could leave residents unable to identify, scrutinise or challenge proposed projects. The EPA says the proposal would not change emissions standards and would let state and local agencies set participation arrangements.