What Happened?

If you live near a facility such as a data center, a federal proposal would let states eliminate mandatory public comment periods for certain air permits issued to minor sources of pollution, including facilities that emit less than 100 tons annually of certain pollutants. Justin Schwab, President Donald Trump's nominee to lead the Environmental Protection Agency's (EPA) Office of Air and Radiation, faced questions about the proposal at a Nov. 10 hearing, according to a Legis1 review. ​

The Senate Environment and Public Works Committee held the hearing on his nomination. Sen. Mark Kelly (D-AZ) asked for Schwab's personal view on eliminating public comment requirements. Schwab instead emphasized state and local governments' legal authority.

Why Does it Matter to Me?

Public comment allows nearby residents to raise concerns about a proposed facility's air pollution before regulators issue a permit. Kelly asked Schwab whether he would be comfortable with such a facility near his own home without a guaranteed opportunity to comment. Schwab said permitting is "in the first instance the responsibility of State or local governments." He said those governments "understand their communities and their concerns best."

Both Sides, Now

Opponents of the change argue that eliminating mandatory public comment could leave nearby communities without an opportunity to scrutinize pollution risks from data center generators. Sen. Sheldon Whitehouse (D-RI), the committee's ranking Democrat, opened by calling Schwab "a walking, breathing conflict of interest."

Schwab said, "All agency authority ultimately derives from congressional delegation." Asked who requested the rollback, he cited the president's executive orders on permitting. Kelly replied, "So it sounds like you're saying it came from the White House." Kelly added, "You keep coming back to the law, but I'm just asking you your opinion."

Opponents point to incidents involving data center generators. Gadget Review reported that in July 2025, dozens of diesel generators at a Sterling, Virginia, data center ran for nearly 24 hours during an air-quality alert, and state regulators said the facility's permit prevented them from shutting them down. The Virginia Mercury reported that an air-program official said the effects of expanded generator use on air quality were uncertain without emissions data.

Sen. Pete Ricketts (R-NE) asked Schwab to finalize a renewable fuel rule by mid-December. Schwab committed to doing so "as soon as is practically possible." Ricketts noted that a legal deadline for setting renewable fuel volumes for 2028 and 2029 passed on Nov. 1. Bloomberg Law reported that Schwab faced "little pushback from Senate Democrats" and that only two Democrats stayed long enough to question him.

What Happens Next?

Schwab said he would look into a letter from Kelly and Whitehouse urging EPA Administrator Lee Zeldin to withdraw the proposed permitting changes. Sen. Alex Padilla (D-CA) said he would submit questions for the record.

The nomination remains pending before the committee. If the committee advances it, the full Senate would consider Schwab's confirmation. Written questions for Schwab are due at 5 p.m. Friday, Nov. 13. His responses are due at 5 p.m. Monday, Nov. 16.

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