NAACP Demands EPA Withdraw Proposed Rule that Cuts Public Input

FOR IMMEDIATE RELEASE

August 21, 2026

Contact: [email protected]

WASHINGTON - The NAACP submitted formal comments to the U.S. Environmental Protection Agency (EPA) strongly opposing its proposed rule to eliminate federal minimum public participation requirements for the Minor New Source Review (NSR) program under the Clean Air Act (Docket No. EPA-HQ-OAR-2025-1212).

The proposed revision would strip away mandatory public comment periods and grant state and local air agencies sole discretion over when, or if, communities are given a voice in minor source air permitting. In the letter, the NAACP warns that this proposal undermines the core intent of the Clean Air Act and risks creating additional "sacrifice zones" in historically overburdened Black, low-income, and frontline neighborhoods.

"Having a say in accessing clean air should not be up for debate," said Abre' Conner, NAACP Director of Environmental and Climate Justice, in the letter to the EPA. "The proposed revision jeopardizes community-based advocacy and has the potential to exacerbate pollution in frontline and fenceline communities. We urge the EPA to withdraw the proposed revision because what we have is a bare minimum to ensure that communities have a fighting chance at centering their voice to live in a healthy neighborhood."

Key Concerns in the Comment include:

• Weaponizing Minor Source Permits for AI Data Centers: Tech companies and energy developers are increasingly utilizing minor source permits as loopholes for massive industrial developments, such as fossil-fuel-powered hyperscale AI data centers. In Virginia alone, data centers hold minor source permits that allow over 4,000 tons of nitrogen oxide (NOx​) emissions. Removing federal public notice requirements takes away one of the few regulatory tools communities have to challenge rapid buildouts.
• Gutting Cooperative Federalism and Oversight: By removing the federal floor for public participation, the EPA is triggering a dangerous "race to the bottom" among states. Local agencies have repeatedly used Non-Disclosure Agreements (NDAs) or held inaccessible hearings - such as moving key permitting votes hours away from affected residents - to fast-track industrial projects without public scrutiny.
• Exacerbating Public Health and Cumulative Risks: Industrial air pollution from minor sources - including particulate matter (PM2.5​) and NOx​ - crosses state boundaries and causes severe health consequences, including increased risks of heart disease, severe asthma attacks, and premature death. Robust public participation has proven essential for exposing cumulative health impacts, leading to victories such as Prince George's County, MD, enacting a two-year data center moratorium and Box Elder County, UT, scaling back a massive proposed energy campus.
• Holding Repeat Violators Accountable: The NAACP continues to take legal action against egregious enforcement failures, including xAI's unpermitted operation of methane gas turbines powering its supercomputer in Boxtown, a historically Black community in Memphis, TN, and its expansion across state lines into Southaven, MS. Without mandatory public engagement, polluting industries will continue to bypass environmental standards at the expense of community health.

The NAACP urges the EPA to reject the proposed revision and maintain mandatory, transparent federal public participation standards that uphold environmental justice, protect public health, and ensure all communities have a voice in decisions affecting the air they breathe.

Click here to read the full public comment submitted by the NAACP to the EPA.

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About NAACP

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

NOTE: The Legal Defense Fund - also referred to as the NAACP-LDF - was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.