EPA move could silence public on data center permits
EPA proposes ending federal public-notice mandate for state air permits, raising concerns over data center transparency.
The Environmental Protection Agency (EPA) has proposed a rule change that would remove a federal requirement for states to notify the public and invite comments before issuing air pollution permits for data centers and other industrial facilities. Under the plan, states would retain the option to hold public consultations, but would no longer be federally obligated to do so as a condition for granting permits.
Critics argue the change could leave communities in the dark about planned data centers, which have become a flashpoint in many regions due to concerns over air emissions, water use, and noise. Mike Koerber, a former deputy director of EPA's air quality office, said the proposal would undermine a long-standing principle of transparency and could create uneven oversight, where citizens in some states are unaware of nearby industrial projects while others retain safeguards.
Keri Powell of the Southern Environmental Law Center, which leads a coalition of nearly 200 groups opposing the plan, said communities deserve a chance to weigh in before potentially harmful projects are approved. Jane Williams of California Communities Against Toxics added that every community should be able to participate in decisions that could pollute their air.
An EPA spokesperson, Carolyn Holran, dismissed the criticism as a false narrative, saying the proposal lets states decide how to run permitting for minor pollution sources. She noted the rule would apply broadly to facilities such as laundromats, car repair shops, landfills, and steel mills, not just data centers. The agency maintains the change aligns federal rules with the Clean Air Act and does not weaken emission standards.
EPA Administrator Lee Zeldin framed the move as an effort to cut red tape and advance cooperative federalism, with U.S. leadership in artificial intelligence as a priority. President Donald Trump has defended data centers as critical to competing with China, while acknowledging they need better public relations.
Environmental groups counter that many states, particularly in the South and Midwest, only follow federal minimums for public notice. Virginia and Georgia, which host many current and proposed data centers, are among the states where the issue is most acute. The EPA is expected to finalize the rule next year.