The EPA Could Make It Harder to Fight Polluting Data Centers
The EPA is considering a proposed rule to eliminate federal requirements for public notice and comment periods on air pollution permits for new industrial facilities, including data centers. Critics argue this change would prevent communities, particularly Black communities in the South, from effectively opposing polluting data center projects. This proposal has sparked opposition from environmental and civil rights groups.
The Environmental Protection Agency (EPA) is currently considering a controversial proposal that would eliminate federal requirements for public notice and comment periods on air pollution permits for new industrial facilities, including data centers. Critics, including attorney Keri Powell of the Southern Environmental Law Center, argue that this change would significantly hinder the ability of communities, particularly Black communities in the Southern U.S., to learn about and challenge new sources of air pollution. The proposal comes as data center construction booms across the South, with developers often choosing locations near historically marginalized communities.
The article highlights two specific examples: Elon Musk's Colossus AI data center in Boxtown, a historically Black neighborhood in Memphis, Tennessee, and Project Marvel, a data center planned for Bessemer, Alabama. In Memphis, activists, residents, environmentalists, and civil rights groups have protested and filed lawsuits against Musk's company over the Colossus project, which uses nearly 70 gas-powered turbines that were initially installed without permits. The Shelby County Health Department recently held a public hearing, drawing over 200 attendees who largely opposed the project.
If adopted, the EPA's proposed rule would allow local and state agencies to set pollution standards and issue permits without public input, effectively privatizing decisions that affect air and water quality. While an EPA spokesperson stated the change is intended to "responsibly speed up permitting" and does not alter emission standards, opponents contend that public notice and comment periods are crucial tools for communities to gather information and organize opposition against potentially harmful developments.
The proposed change would overhaul a 50-year-old rule requiring public notice and a 30-day comment period for minor polluters. A report by MediaJustice indicates that the South is a hub for data center development, with a significant portion of the nation's Black population residing there, exacerbating concerns about environmental justice.