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

A plan by the Environmental Protection Agency could make it harder for the public to learn about and comment on proposed AI data centers that have sparked a backlash in communities across the country and become a key election issue WASHINGTON (AP) — A plan by the Environmental Protection Agency could make it harder for the public to learn about and comment on proposed AI data centers that have sparked backlash in communities across the United States and transformed the midterm election landscape. The EPA 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. 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. The move comes during a widespread backlash as tech giants build hundreds of massive server warehouses to fuel artificial intelligence and cloud computing.

“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.

Communities deserve a chance to weigh in, advocates say “Data centers and other industrial sources should not be able to get their air pollution permits in secret,” said Keri Powell, senior attorney for the Southern Environmental Law Center, an advocacy organization that leads a coalition of nearly 200 environmental, health and community groups that filed comments with the EPA opposing the plan. “Communities deserve a chance to weigh in” before potentially harmful projects are approved. An EPA spokesperson called that a false narrative.

“In our proposal we are saying that states get to pick how they want their permitting process to go for minor source…