Trump’s EPA wants to let data centers hide their air pollution

Trump’s EPA wants to let data centers hide their air pollution

News ClipThe Verge·TN·8/28/2026

The Trump administration's EPA is proposing to eliminate a federal rule requiring public notice and comment for certain industrial air permits, a move criticized by environmental advocates. Opponents argue this would reduce public scrutiny for data center developments and other facilities, allowing construction without local input. Environmental groups have filed comments urging the EPA to withdraw the proposal.

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xAI
Gov: US Environmental Protection Agency, Trump administration, state and local air agencies

The US Environmental Protection Agency (EPA) under the Trump administration is proposing to scrap a federal rule that mandates public notice and an opportunity to comment on air permit applications for certain industrial sites. This change, which shifts the burden of public notification to state and local air agencies, is sparking concern among environmental advocates who warn it will reduce transparency and public scrutiny for data center developments and other industries.

Keri Powell, a senior attorney at the Southern Environmental Law Center (SELC), criticized the move, stating it would allow facilities to obtain permits in secret, bypassing public input. She highlighted that this proposed change applies to a process called New Source Review, which has recently become a point of contention for data centers and their associated power plants.

The EPA's announcement in July detailed plans to eliminate the federal public participation requirement for 'minor' sources of pollution, claiming these have low emissions. However, Powell's group argues that even 'minor' projects can have significant local impacts, citing xAI's 'Colossus 1' data center in Tennessee as an example, which applied for a minor source permit but generated thousands of public comments and a threatened lawsuit from the SELC and NAACP over unpermitted gas turbines.

The SELC, along with nearly 200 other health and environmental organizations, submitted comments to the EPA last week, urging the withdrawal of the proposal. They contend that public comments provide crucial 'lived experience data' that helps agencies assess the full cumulative impact of such facilities. The EPA is currently reviewing over 4,900 comments submitted during the public comment period.