Permits
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A Proposed Decision and a Comment Period: The Pennsylvania DEP on a Data Center's Generator Engines
The Pennsylvania Department of Environmental Protection's release of July 13, 2026 announces a community meeting on a proposed air quality plan approval for a data center in Bucks County. The application is for generator engines that, in the release's words, "will only provide backup electricity" in a utility interruption, and serve limited testing and maintenance.
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If Finalized as Proposed: EPA Proposes to Redefine "Begin Actual Construction"
On May 11, 2026, EPA proposed to redefine "Begin Actual Construction" in its air permitting rules. "If finalized as proposed," the release says, "Americans will be able to start building non-emitting components or structures for essential power generation, data centers, and manufacturing" before obtaining a major New Source Review permit.
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When a Temporary Turbine Stops Being Temporary: EPA's Final Standards for Stationary Combustion Turbines
EPA finalized amendments to its performance standards for stationary combustion turbines on January 9, 2026. Its fact sheet describes size classes, an added control for new large turbines with high utilization rates, and a subcategory for temporary turbines with a 24-month limit on what counts as temporary.
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Testimony on the Plan Approval Only: The Pennsylvania DEP's Release on a Hearing for Turbines at a Former Generating Station
On September 15, 2025, the Pennsylvania Department of Environmental Protection announced a combined public meeting and hearing on a draft air quality plan approval for turbines at a former generating station. It said it would receive only testimony specific to that plan approval, and that questions on other topics would not be discussed.
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May Not Be Subject to County or Municipal Zoning: West Virginia's 2025 Act on Certified High Impact Data Centers
West Virginia's act of 2025 on electric power created a program for high impact data centers, provides for a state liaison to assist them with matters "including, but not limited to site selection and permitting," and says certified projects "may not be subject to" county or municipal zoning.
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If All of the Following Conditions Are Met: EPA's Fact Sheet on Backup Generators and Grid Reliability
An EPA fact sheet dated May 1, 2025, says emergency engines can operate for a limited number of hours a year in non-emergency situations, to supply power as part of a financial arrangement with another entity, if all of a set of conditions are met. Its example is a regulatory interpretation that a utility requested for a demand response program.





