The Environmental Protection Agency is moving to eliminate a federal requirement that states allow public comment before approving air-pollution permits for industrial facilities, including data centers and the power plants that supply them. The proposal would give states discretion to determine whether and when to provide public participation opportunities.
According to the source, the EPA said the change would “provide the state and local agencies most familiar with local issues the discretion to determine whether, when, and for how long to provide opportunities for public participation.” The agency also proposed in a separate action allowing developers to begin construction before permits are approved.
Public opposition to data center expansion is substantial. Seven in 10 Americans oppose building data centers for artificial intelligence in or near their communities, according to polling cited in the reporting. Nearly 200 advocacy groups and more than a dozen states, led by both Democrats and Republicans, have voiced opposition to the federal changes.
The rural South, home to a disproportionate amount of Black communities, has seen the largest growth of large data centers. According to residents and community organizers, the lack of transparency and these regulatory changes may worsen health risks, increase utility bills, and contribute to community displacement.
Data centers can drive demand for gas-fired power plants that emit nitrogen oxides, fine particulate matter, and hazardous air pollutants such as formaldehyde. Additionally, the costs of building new utility infrastructure are often passed to ratepayers. Black households, which on average face a higher energy burden than other groups, have experienced rising bills and power shutoffs related to data center growth.
In one example, surrounding areas where Meta is constructing the nation’s largest data center saw median home and rental prices rise 80% in just one year, according to a local mayor cited in the reporting. Families in trailer-home parks were evicted to make room for construction workers.
Last month, South Carolina passed a ruling allowing power plants for data centers to be constructed without review or approval from the state’s regulatory commission. Local governments have also routinely signed nondisclosure agreements with tech companies to hide these projects.
The EPA said the proposed changes would “responsibly speed up permitting, supporting American economic development and energy dominance.” Lee Zeldin, who runs the EPA, stated last year that protecting the environment remains the agency’s priority, though he also said making the United States the “artificial intelligence capital of the world” is now the agency’s top priority.
The EPA is expected to finalize the proposal within the next year.
Key facts
- The EPA proposes eliminating public comment requirements for air-pollution permits for data centers and power plants
- Seven in 10 Americans oppose building data centers for AI in or near their communities
- Nearly 200 advocacy groups and more than a dozen states oppose the federal changes
- The rural South, home to disproportionate Black communities, has seen the largest data center growth
- Data center-related power plants emit nitrogen oxides, fine particulate matter, and hazardous pollutants
- Median home and rental prices rose 80% in one year in areas surrounding Meta’s data center construction