Nature Forward opposes the proposal in the DEQ Guidance Memo APG-578. In no way should the meaning of “sudden and reasonably unforeseeable” be expanded to include the absolutely foreseeable circumstance of a planned power outage.

This proposal would almost certainly cut costs for the richest companies in the world, at the expense of our air quality, while putting public health at greater risk (https://hbr.org/2025/11/mitigating-the-public-health-impacts-of-ai-data-centers). We are asking DEQ to not sacrifice clean air and healthy communities for corporate priorities. Data center companies must adhere to what they’ve already committed to – and they can afford to do so: planning ahead for power needs during planned power outages.

DEQ’s mission, as defined on its website (https://www.deq.virginia.gov/news-info/about-us), “is to protect and enhance the environment of Virginia in order to promote the health and well-being of the Commonwealth's citizens, residents, and visitors in accordance with applicable laws and regulations.” When a guidance memo like this is proposed, it comes into direct conflict with DEQ’s mission. Nature Forward asks DEQ to adhere to its mission to protect public health.

The vast majority of the over 9,000 generators in the state of Virginia were never meant to run in any other capacity other than back-up emergency power. We should not allow a change now. 

Changing the definition of “sudden and reasonably unforeseeable” to include the opposite, the foreseeable circumstance of a planned power outage, will lead to larger, undesirable consequences. This seemingly minor compromise would open the door to further prioritizing data center needs over the health of communities and ecosystems.

DEQ must, at a minimum, incorporate strict limitations and regulations to offer protections to our communities, including that:

• Polluting Tier 2 generators be prohibited from operating during planned outages near "sensitive receptors" (e.g., schools, hospitals, parks, trails and residential areas).
• Public notice be posted about where and when these generators will be running and for how long. While public notice will not stop the air pollution that will be generated during this non-emergency use, it will be critical if this change is allowed.
• Generators be required to be equipped with air quality monitoring devices for the duration of their usage, with the resulting data then also made available publicly.

Please do not further weaken what air pollution controls we have for back-up generators by changing the current definition of which events qualify for “sudden and reasonably unforeseeable” circumstances.