EQB releases data-center FAQs to guide proposers and RGUs

Environmental Quality Board · February 19, 2026

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Summary

EQB staff introduced a new FAQ document clarifying how data centers are treated under Minnesota environmental review rules, covering applicability, project definition, AUAR interaction, RGU roles, nonpublic data handling, and coordination with DEED and DNR.

EQB staff presented a new data-center Frequently Asked Questions (FAQ) document on Feb. 18 intended to help proposers, RGUs and the public understand how large data‑center projects interact with Minnesota’s environmental‑review framework.

Sarah Littler, a member of EQB’s environmental review team, said the FAQs — included in the meeting packet at page 34 — explain that hyperscale data centers have no standalone mandatory category but may trigger existing categories depending on components such as on-site electrical generation, air pollution, water appropriations or gross floor area. "Hyperscale data centers as a project type don't have their own mandatory category," Littler said.

The document clarifies how projects are defined under Minnesota Rule (project = governmental action that causes physical manipulation of the environment) and stresses that connected and phased actions must be reviewed in total. The FAQs explain how Alternative Urban Areawide Reviews (AUARs) can apply to data centers, when an AUAR remains valid, and when additional review beyond an AUAR is required. They also outline how RGUs may handle nonpublic data and trade secrets in environmental review, and they recommend early coordination with DEED and the DNR pre‑application process for high‑volume water uses.

The FAQ is informational and requires no board action; Littler said it will live on EQB’s website and may be updated as the agency learns more about the project type.