Comment submitted by JCarpenter Law Office PLLC

Docket ID: EPA-HQ-OAR-2025-0618Regulatory Information Number (RIN): 2060-AV97Title: Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program To Whom It May Concern, I am writing to express my strong opposition to the Environmental Protection Agency’s (EPA) proposed rule change to the New Source Review (NSR) program under Docket ID EPA-HQ-OAR-2025-0618. Allowing corporations to begin physical construction on massive industrial projects before receiving final environmental air permits is a dangerous regression in environmental oversight that directly threatens public health and local resources. The EPA’s stated rationale—that this rule change is necessary to accommodate the rapid, massive infrastructure demands of Artificial Intelligence (AI) data centers—is entirely flawed. There is absolutely no evidence of imminent danger or public harm resulting from moving slowly and carefully. In contrast, fast-tracking these unproven, resource-heavy technologies poses severe, irreversible risks to our communities. I urge the EPA to reject this proposal based on the following critical points: AI Must Be Regulated and Implemented Slowly: Artificial Intelligence is an emerging technology with massive, unprecedented impacts on our public infrastructure. It should be scaled deliberately with robust safeguards, not accelerated through regulatory loopholes. Fast-tracking the physical buildout of these facilities before their environmental impacts are fully understood removes the guardrails necessary to protect the public. The High Risk of "Stranded Assets" and Toxic Waste: Digital and server technology is changing so rapidly that the hardware built today faces immediate obsolescence. By decoupling physical construction from environmental approval, the EPA opens the door for a speculative real estate boom by tech companies. We risk a future filled with massive, abandoned industrial buildings containing outdated computer servers in less than a year. The rule provides no solution or framework for the recycling, management, or disposal of the highly toxic electronic and computer waste left behind. Irreversible Strain on Public Resources: Our water and energy resources deserve absolute protection and strict regulatory consideration. AI data centers consume millions of gallons of water daily for cooling and demand unprecedented amounts of electricity, often forcing utility companies to rely on highly polluting backup diesel generators. Allowing groundbreaking on these sites before assessing their total impact on local power grids and water tables is reckless.Rising Public Opposition and the EPA’s True Mandate: Across the United States, the public is growing in sharp opposition to the unchecked expansion of data centers due to rising residential utility bills, noise pollution, and environmental degradation. The EPA works for the public and is bound by law to protect human health and the environment. The agency does not work for tech billionaires, wealthy corporations, or special interest lobbyists. Allowing companies to build "at their own risk" creates an environment of corporate entitlement, where developers pressure local authorities to approve air permits simply because hundreds of millions of dollars have already been poured into physical foundations.For these reasons, I urge the EPA to withdraw this proposal. The agency must maintain strict pre-construction permitting requirements to ensure that technology serves the public interest safely, rather than sacrificing our natural resources for corporate speed. Thank you for your time and consideration of these comments.Sincerely, Jamie Carpenter ESQ. JCarpenter Law Office Pllc St. George, Utah