EPA proposal would make it harder for public to comment on data center plans

FILE - People protest against data center development outside the Austin Marriott Downtown on Wednesday, Sept. 2, 2026.  (Jay Janner/The Austin American-Statesman via Getty Images)

A plan by the Environmental Protection Agency could make it harder for the public to learn about and comment on proposed AI data centers across the United States. 

EPA proposal

Dig deeper:

The proposal would eliminate a federal requirement that states notify the public and seek comment before issuing air pollution permits for data centers and other industrial facilities. 

States could still offer opportunities for public comment, but the EPA would no longer mandate them as a condition for states to grant permits.

The EPA proposal does not specifically identify data centers, the plan also notes it would apply to laundromats, car repair shops and even landfills and steel mills that are considered "minor" pollution sources under the federal Clean Air Act.

The proposal does not demand that states make particular changes to their programs, nor does it alter federal emission standards or weaken environmental protections. 

What they're saying:

EPA Administrator Lee Zeldin, who has made U.S. leadership in AI a top agency priority, said in a statement that the plan is aimed at "cutting unnecessary and burdensome red tape, unleashing American energy and advancing cooperative federalism" with states. The EPA is expected to make the rule final next year.

Residents could lose their voice 

The other side:

Critics say the move could thwart local residents from learning about proposed data centers or making their voices heard before projects are approved and construction begins. 

"By eliminating the long-standing federal requirement for public notice, this proposal continues efforts by the Trump administration to turn its back on the fundamental EPA principle of transparency," said Mike Koerber, a former deputy director of EPA’s air quality office.

If made final, the plan could create "an unlevel playing field where citizens in one state are kept completely in the dark about new data centers and heavy industrial emissions in their backyards, while neighboring states maintain oversight," he said.

Under the EPA plan, states with weak or no requirements for public comment could speed permits for data centers, power plants and other pollution sources without consulting the public or even informing communities where the facilities are located, Koerber and other critics said.

Trump backs AI 

Big picture view:

There has been widespread backlash as giant tech companies build hundreds of massive server warehouses to fuel artificial intelligence and cloud computing.

President Donald Trump continues to stick up for data centers, even as politicians from both parties criticize them and many communities try to block them. Trump said on social media this week that U.S. communities that don’t have data centers will "end up being backwards and poor."

Trump has acknowledged that data centers need "a little public relations help" and has pushed tech companies to generate their own electricity to shield consumers from higher utility bills. The Republican president calls data centers critical to winning the AI race against China.

The Source: Information for this article was taken from The Associated Press. 

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