Draper residents could lose their federally guaranteed right to weigh in on air pollution permits for data centers under a proposal the EPA published July 1, The Salt Lake Tribune reported.

The rule change would eliminate a 50-year-old requirement that states publicize draft air permits and provide at least 30 days for public comment before construction begins on facilities classified as "minor sources." Data centers and the gas-burning power plants that fuel them fall into that category.

The proposal lands as Draper sits at the center of Utah's tech corridor. The Point, a $2.3 billion mixed-use development on the former state prison site, broke ground this year on 600 acres overseen by the Point of the Mountain Land Authority. Utah already has 42 data centers statewide, according to a Pew Research Center report published in April, and roughly 1,500 more are in planning or development nationwide.

Cox pushes back

Gov. Spencer Cox signed an executive order May 29 directing state agencies to provide "transparent, meaningful and thorough opportunities for public comment" on proposed data centers, Axios Salt Lake City reported. That directive puts Utah squarely at odds with the Environmental Protection Agency's (EPA) proposal, which would leave public notice entirely up to state and local air agencies.

"The public has brought up some concerns that some of us didn't think about that are important," Cox told reporters May 29, after signing the order.

Cox also called for "major reform" of the Military Installation Development Authority (MIDA) on Thursday, Aug. 20, citing its approval of the controversial Stratos data center in Box Elder County. He specifically named the Point of the Mountain Land Authority as an entity that has grown beyond its original scope, according to the Utah News Dispatch.

National opposition mounts

Nearly 200 environmental and community groups filed formal comments Friday, Aug. 21, urging the EPA to withdraw the proposal, CleanTechnica reported. Democratic attorneys general from 14 states plus Washington, D.C., New York City and Chicago signed a joint letter opposing the change.

"People need to have a chance to have a say before they see bulldozers," said Keri Powell, senior attorney at the Southern Environmental Law Center.

EPA spokesperson Carolyn Holran said the proposal would "responsibly speed up permitting, supporting American economic development and energy dominance." She added that it does not alter emission standards or weaken environmental protections.

The opposition is bipartisan. Texas Gov. Greg Abbott has paused data center permits until state regulators can audit their effects. Pennsylvania Gov. Josh Shapiro has required developers to craft community outreach plans.

Environmentalists counter that "minor source" is misleading. Such facilities can emit up to 250 tons of hazardous pollutants per year. In Virginia's Data Center Alley, Amazon holds enough minor-source permits to allow backup generators to emit 4,200 tons of nitrogen oxides annually, roughly equal to a medium-size coal plant.

What's next

Utah lawmakers spent hours debating data center policy at the Capitol on Aug. 19, discussing water, energy, noise and air quality concerns. The EPA is expected to finalize its proposal within the next year, though no specific date has been announced. If it takes effect, whether Draper residents get a say on future tech-corridor air permits will depend entirely on state regulators.