EPA proposal could leave the public in the dark on data center plans

The Environmental Protection Agency (EPA) has put forth a plan to remove a federal mandate requiring states to notify the public and solicit comments prior to issuing air pollution permits for minor industrial facilities, a category that includes data centers. This proposal has sparked considerable criticism, with opponents arguing it would severely limit public awareness and input on new data center developments that have already generated community backlash across the U.S.

Critics, including former EPA official Mike Koerber and Keri Powell, senior attorney for the Southern Environmental Law Center, contend that the move undermines fundamental EPA principles of transparency and could leave communities in the dark about potentially harmful projects. They highlight that many states, particularly in the South and Midwest, rely on federal requirements for public notice and might not implement their own stringent regulations. The Southern Environmental Law Center, representing a coalition of nearly 200 environmental, health, and community groups, has filed comments with the EPA in opposition.

Conversely, EPA spokesperson Carolyn Holran stated that the proposal aims to give states more authority in their permitting processes for minor sources, aligning with the Clean Air Act language. She noted that the plan applies broadly to various industrial facilities and does not alter federal emission standards. EPA Administrator Lee Zeldin supported the plan, framing it as an effort to reduce