U.S.: EPA proposal could eliminate public comment on pollution licenses

A proposal from the Trump administration, through the United States Environmental Protection Agency (EPA), seeks to eliminate a federal requirement that obligates states to publish and solicit public feedback on air pollution license requests for various industrial facilities. The measure, which includes new data centers and the power plants needed to operate them, is sparking debate and concerns, especially at a time when public opposition to data centers is growing in the country.

Regulatory changes and the end of transparency

The EPA proposal aims to dismantle the public notification requirement for air pollution generated by data centers, allowing emission permits to be issued behind closed doors. Currently, the Clean Air Act requires “minor” polluters to disclose to the public, via state agencies, how much pollution their proposed projects will release. With the new rule, this protection for data center proposals would be eliminated, making disclosure voluntary at the discretion of state and some local authorities.

This means that, if approved, the change could cause residents in local communities to lose the ability to raise concerns about data centers before permits are approved and construction begins. In some cases, people might not even become aware of the existence of projects until it’s too late.

The role of data centers and air pollution

The discussion arises amid a national increase in data centers, essential for the growth of artificial intelligence. Many data center developers seek “minor” pollution permits for the dozens of diesel generators or gas turbines used to power their facilities or provide backup generation. Data centers are often sources of nitrogen oxides, which contribute to the formation of ozone, carbon monoxide and heavy metals, among other pollutants.

The EPA delegates monitoring of “minor” pollution sources to state authorities while dealing with major polluters. The “minor” designation means a company proposes installing pollution controls sufficient to avoid releasing an emission level that requires immediate federal oversight. These “minor” pollution permits aim to ensure facilities adhere to federal limits for six pollutants linked to diseases such as asthma, heart disease and cancer.

Public health and enforcement concerns

Public health advocates warn that without pollution data, communities will not know what they are breathing once a data center is built, and will have less capacity to fight in courts or public relations battles. The Clean Air Act should offer an “unshakable promise” to give a voice to all of the U.S. public on these issues, but the administration would, in practice, be saying that this promise no longer exists.

Environmental law clinics and public health advocacy groups, which protect the public from exploitation by data center developers, depend on this data, as do journalists. Data shows that air pollution laws are more rigorously enforced in areas where the public and watchdog groups are more involved.

The Trump administration’s view and opposition

Donald Trump has positioned himself as a data center enthusiast, claiming that “communities that do not accept a data center are making a mistake.” The EPA stated that the change “seeks to reduce administrative burden and responsibly accelerate permits, supporting American economic development and energy dominance,” putting state agencies “more familiar with local issues in charge.” The agency also said the “proposal does not change emission standards or weaken environmental protections.”

However, the proposal is facing resistance. Democratic attorneys general from 14 states are opposing the measure. The EPA’s public comment period for the rule has ended, and it could face a legal challenge if finalized.

Impact on states and competition for investment

Many state political establishments support data centers, and observers note that it is unlikely that most will voluntarily require large technology companies to disclose information. The rule’s flexibility could also be used as an incentive for states competing for data center investment, acting as a “regulatory subsidy.” Data center developers often try to avoid scrutiny and regulation, and local and state governments eager to attract them could offer the exemption from public notification.

With information from MS NOW, The Guardian.