DEP’s comments were made at a joint meeting of the DEP Citizens Advisory Council and the DEP Environmental Justice Advisory Board. Read more on the agenda.
Status Of Executive Order
The Governor’s Executive Order says it applies to “any permit or authorization application submitted after the effective date of this Executive Order in connection with a data center project with peak demand of over 25 MW by an applicant.”
Ramez Ziadeh, P.E., DEP Executive Deputy Secretary, said-- “We have about 25 data center projects that are in different phases of the permitting process.”
“We created this map on our website that shows the locations of all the data centers that are currently in the permitting process and different phases of the permitting process and also shows the unconfirmed data center locations that we know about as of today.”
Ziadeh explained the Executive Order sets up two permitting “tracks” for data center developers.
“Track one requires a consent order and agreement with the data center operator to basically to implement those grid standards. So if the applicant chooses to use that track, they have to execute this consent order and agreement with the department and then they can apply for their permits.”
“Their permits can be processed on a rolling basis the way other projects are handled currently.
“However, those permits will not be issued before the applicant provides all of their local approvals, including zoning approvals and any approvals that are needed under the subdivision and land development ordinance if there is one at the local level.”
Ziadeh said-- “Track two requires local approvals upfront before the DEP can review any permit applications for that project.
“In addition to that requirement and track two permits, projects cannot be phased really, permits cannot be phased. And all permits that are required for the data center project would have to be submitted and processed, coordinated [and processed together.]”
“If there are any water withdrawal or discharge approvals that are needed for the project from the river basin commissions, those approvals are also required upfront in track two.”
DEP Secretary Jessica Shirley said in summary-- “[So] there's the path of the GRID standards and then there's the path of the not GRID standards.”
No Consent Orders Yet
DEP Secretary Jessica Shirley said-- “We are actively negotiating with a number of data centers right now about the COAs [consent orders], so there's definitely interest from the data center developers of coming into that track one.”
She did not mention any data center developer that has signed a consent order saying they would comply with the Governor’s GRID standards.
Click Here to listen to audio of DEP’s presentation.
GRID Standards
Among other requirements, the Governor’s Responsible Infrastructure Development (GRID) and the Executive Order requires--
-- Bring Your Own Power: Developers must bring their own power and pay for all the costs associated with that electricity. They will not be permitted to saddle homeowners and businesses with added costs because of their development.
-- Clean Energy Sources: They must get an increasingly significant portion of that power from clean energy sources like solar, advanced nuclear, and battery storage.
-- First Off The Grid In An Emergency: In the event of a grid energy emergency, data centers will be the ones who get cut off first.
-- Promote Transparency and Community Engagement: Provide a community outreach plan that promotes public engagement and enables meaningful public input.
-- Supporting Workforce and Economic Development: Provide a community benefit plan detailing anticipated contributions to the state and local community beyond existing legal obligations.
Gov. Josh Shapiro said during his remarks at the August announcement of the Executive Order-- “If a developer refuses to comply with those requirements, they will have no pathway of getting the necessary approvals needed to build a data center in Pennsylvania.”
DEP Processing Permits
According to PA Bulletin notices published by DEP since August 18, DEP continues to review, hold meetings and hearings on applications and issue permits from data center developers for data center site preparation and facilities, related power plant developers and public utilities for data center supporting infrastructure.
The Governor’s Executive Order says it applies to “any permit or authorization application submitted after the effective date of this Executive Order in connection with a data center project with peak demand of over 25 MW by an applicant.”
DEP is not to issue any permit or authorization for a covered data center project whose application was submitted after August 18, 2026, unless it complies with the Executive Order.
Some examples include--
-- DEP Invites Comments On Stormwater Permit For PPL Electric JUNI-NEBU 500 kV Transmission Line Project In Perry County To Serve Large Loads [PaEN]
-- DEP Issues Section 401 Water Quality Certification For Restart Of Constellation Energy Three Mile Island Data Center Nuclear Power Plant In Dauphin County [PaEN]
-- DEP Invites Comments On New Water Quality Permit For Amazon Data Services ADS Berwick Data Center In Salem Twp., Luzerne County [PaEN]
-- DEP Invites Comments On Stormwater Permit For Construction Of 2 Data Center Buildings, Electric Substation In Sharon City, Mercer County [PaEN]
-- DEP Invites Comments On Air Quality Permit For Installation Of 156 Diesel Generators At The Greenfield Road Owner, LLC Phase 2 Data Center Project In City Of Lancaster [PaEN]
-- Indiana County Conservation District Issues 2 PAG-02 Stormwater General Permits For Homer City A.I. Data Center/Power Plant Complex In Indiana County [PaEN]
-- DEP Invites Comments On Air Permit For Operating Natural Gas Boilers, Backup Generators At TECfusions Keystone LLC New Kensington Data Center In Westmoreland County; Stormwater Permit Issued [PaEN]
-- DEP Invites Comments On A Chapter 105 Permit For Amazon Data Services Project Rosebud II In Luzerne County [PaEN]
-- DEP Invites Comments On Individual Stormwater Permit For The CDE Acquisitions LLC Project Atlas A.I. Data Center Complex In Lehigh County [PaEN]
-- DEP To Hold Public Meeting/Hearing Nov. 23 On Chapter 105 Permit For The CDE Acquisitions LLC Project Atlas A.I. Data Center Complex In Lehigh County [PaEN]
-- DEP Invites Comments On Individual Stormwater Permit For Shippingport Power Station Natural Gas Fuel Yard In Beaver County For Aligned Data Centers Project [PaEN]
-- DEP To Hold Dec. 3 Meeting/Hearing On Air Permit For Installation Of Emergency Generators At Aligned AI PA Data Center In Shippingport Boro, Beaver County [PaEN]
-- DEP Issues Air Quality Permit To Amazon Data Services For Installation Of 76 Diesel-Fired Backup Generators At New Data Center Project In Falls Twp., Bucks County [PaEN]
DEP Data Center Permit Information
Visit DEP’s Data Center Permit Tracker webpage for information on pending permits for A.I. data center projects established by Gov. Shapiro’s Data Center Executive Order.
The Governor’s executive order requires data center developers to obtain all permits and local approvals before DEP can review any permits for the facility.
To provide information to the state on new data center proposals and whether they meet the requirements in Gov. Shapiro’s Data Center Executive Order, visit the Data Center Feedback webpage.
Resource Links:
-- Governor’s Office Expected To Announce Further Steps To Regulate A.I. Data Centers ‘Shortly;’ 100 Data Center Proposals Being Discussed in PA, 55 Have Some Interaction With DEP [PaEN]
[Posted: November 10, 2026] PA Environment Digest
No comments :
Post a Comment