I respectfully urge the Virginia Department of Environmental Quality (DEQ) to reject any proposal that would broaden the emergency generator allowance to include planned outages at data centers. Doing so would conflict directly with DEQ’s primary mission: to protect public health and our environment above all other interests.
The current emergency-use allowance exists for a clear and narrow purpose — to preserve critical infrastructure in the event of unexpected power failure. Expanding this definition to permit diesel generator use during planned outages undermines both the intent of the rule and the health protections it provides. Diesel generators emit particulate matter, nitrogen oxides, and other pollutants known to increase rates of asthma, heart disease, respiratory illness, and premature death. Allowing this additional pollution when it is not absolutely necessary contradicts the precautionary approach that should guide DEQ’s work.
Furthermore, if this rule is expanded now, it places us on a dangerous slippery slope. Once planned outages are accepted as a permissible justification for diesel generator operation, it is not difficult to imagine renewed pressure to allow their use for demand response during periods of grid stress — a scenario fundamentally outside the intended purpose of emergency backup systems. This would create an unacceptable pathway for normalizing diesel generator use as a routine operational tool rather than as an emergency-only measure.
However, if DEQ nonetheless decides to allow such usage, which again, I urge that it dos not, strict limitations and oversight must be required to protect public health:
Tier II generators must not be permitted to operate near “sensitive receptors,” including schools, parks, hospitals, trails, or residential neighborhoods. These are places where children, seniors, and medically vulnerable people live, play, or receive care — the very populations DEQ is obligated to protect most rigorously.
The public must be informed in advance when and where these generators will be operated, including expected duration and number of units running. Communities deserve notice so they may take steps to limit exposure, track health impacts, or ask questions about air quality.
Daily on-site inspections should be mandatory when generators operate for planned outages, ensuring accurate tracking of fuel usage and compliance with operating limits.
Air-quality monitoring equipment must be installed for the full duration of generator operation and the resulting data made publicly accessible in real time.
In short: If this rule is changed, it must come with transparency, accountability, and measurable safeguards. Otherwise, we risk creating an incentive structure that favors frequent generator use rather than clean energy solutions or better grid planning. But, I want to stress again, my position is that DEQ should not change this rule.
Ultimately, Virginians deserve to breathe clean air — not just when the grid is stable, but when it is stressed; not just in emergencies, but as an everyday right. DEQ’s mission demands that public health be protected first, without compromise. Allowing additional diesel emissions during planned outages is simply unnecessary, and any unnecessary pollution — particularly in already strained communities — must be avoided.
I urge DEQ to uphold its mandate and reject any expansion of this rule.
Respectfully submitted,
Joshua Hatch
Broad Run, VA