EPA proposal would drop federal public-notice rule for air-pollution permits, sparking criticism over data-center transparency
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EPA proposal would drop federal public-notice rule for air-pollution permits, sparking criticism over data-center transparency

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Summary

The Environmental Protection Agency plans to eliminate a federal requirement that states notify the public before issuing air-pollution permits, a move opponents say could limit community input on AI data-center projects.

The U.S. Environmental Protection Agency has announced a proposal to remove a longstanding federal mandate that requires states to provide public notice and solicit comments before granting air-pollution permits for facilities such as data centers, power plants and other industrial sources. Under the draft rule, states would retain discretion over how to handle permitting for "minor" sources, but the EPA would no longer tie permit approval to a federal public-comment requirement.

Critics argue the change could leave residents unaware of proposed data-center projects and reduce opportunities for community input. Mike Koerber, a former deputy director of the EPA’s air quality office, said the proposal "continues efforts by the Trump administration to turn its back on the fundamental EPA principle of transparency" and could create "an unlevel playing field" where some states keep citizens in the dark about new facilities.

Keri Powell, senior attorney for the Southern Environmental Law Center, which leads a coalition of nearly 200 environmental and community groups, said data centers and other industrial sources should not be able to obtain permits "in secret" and that communities deserve a chance to weigh in before projects are approved.

An EPA spokesperson, Carolyn Holran, responded that the rule simply aligns the national program with Clean Air Act language, giving states flexibility over permitting for minor sources such as laundromats, car repair shops, landfills and steel mills. She said the proposal does not alter federal emission standards or weaken existing environmental protections.

EPA Administrator Lee Zeldin, who has highlighted AI as an agency priority, described the change as a way to cut "unnecessary and burdensome red tape," promote "cooperative federalism" and support American energy development. The agency expects to finalize the rule next year.

The proposal arrives amid growing public concern over the environmental impact of AI data centers, which can emit nitrogen oxides, carbon monoxide and other pollutants, as well as consume significant water and generate noise. A recent poll found that 40% of U.S. adults are "extremely" or "very" concerned about AI’s environmental effects.

Environmental groups warn that many states, particularly in the South and Midwest, lack robust public-notice requirements, potentially leaving communities unaware of new facilities in their neighborhoods. Brandon Jones-Cobb of the Center for Biological Diversity called the move "cruel" for front-line communities that bear the health burden of air pollution.

Advocates for data centers note that local tax revenues from these facilities can support public services such as schools, but they acknowledge the need for transparent decision-making processes.

Source

AP News

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