New EPA proposal could make it harder to know when a data center is coming
A new federal EPA proposal aims to eliminate the requirement for states to provide public notice and comment periods for certain air pollution permits, which could affect data center projects. Critics argue this would reduce public transparency and involvement, while the EPA says it grants more control to state and local authorities. The proposal has drawn opposition from nearly 200 environmental and community groups.
The Environmental Protection Agency (EPA) has proposed eliminating the federal requirement for states to provide public notice and comment periods before issuing certain air pollution permits, a change that could impact data center developments across the country.
Critics, including Keri Powell, senior attorney for the Southern Environmental Law Center, argue that this change would allow data centers and other industrial sources to obtain permits in secret, leading to varying levels of public involvement depending on the state. A coalition of nearly 200 environmental, health, and community groups has filed comments opposing the proposal.
However, EPA spokesperson Carolyn Holran stated that the proposal aims to allow states to decide how to handle public participation for what the Clean Air Act classifies as "minor" pollution sources. EPA Administrator Lee Zeldin emphasized that state and local authorities, being closer to the issues, should have more control over the permitting process.
The debate comes amid growing scrutiny of data centers, which require significant electricity and can raise concerns about utility rates, water supplies, noise, and air pollution from on-site power generation. The Trump administration has prioritized expanding AI infrastructure, and the EPA has previously proposed other permitting changes and issued guidance to give data center developers more flexibility.