Washington – A federal Environmental Protection Agency (EPA) plan could make it harder for the public to learn and comment on proposed artificial intelligence (AI) data centers, which have sparked backlash in communities across the United States and transformed the landscape of the midterm elections.
The EPA proposal would eliminate the federal requirement that states inform the public and gather input before issuing air pollution permits for data centers and other industrial facilities. States would still be able to offer public comment, but the EPA would no longer require it as a condition for states to grant permits.
Critics say the move could prevent residents from learning about proposed data centers or making their voices heard before the projects are approved and construction begins. The move comes amid a wave of widespread criticism, at a time when tech giants are building hundreds of huge server centers to boost artificial intelligence and cloud computing.
“By eliminating the long-standing federal requirement for public notification, this proposal continues the Trump administration’s efforts to turn its back on EPA’s fundamental principle of transparency,” said Mike Koerber, former deputy director of the EPA’s office of air quality.
If fully approved, the plan could create “an uneven playing field in which citizens of one state are completely kept out of information about new data centers and heavy industry emissions occurring in their own environment, while neighboring states maintain oversight,” he said.
Under the EPA plan, states with weak or non-existent public consultation requirements could rush permits for data centers, power plants and other pollution sources without consulting the public or even informing the communities where the facilities are located, Koerber and other critics said.
Communities deserve a chance to have their say, advocates say
“Data centers and other industrial sources should not be able to secretly obtain their air pollution permits,” said Keri Powell, senior staff attorney at the Southern Environmental Law Center, an advocacy organization that leads a coalition of nearly 200 environmental, health and community groups that filed claims with the EPA against the plan. “Communities deserve the opportunity to have their say” before potentially harmful projects are approved.
An EPA spokesperson called that information “false.”
“In our proposal we stated that states can decide how they want the permitting process for minor sources” of air pollution to unfold, said spokeswoman Carolyn Holran.
The EPA proposal does not specifically mention data centers, he noted, adding that the plan would also apply to laundromats, auto repair shops and even landfills and steel mills, which are considered “minor” pollution sources under the federal Clean Air Act.
The proposal does not require states to make specific changes to their programs, nor does it change federal emissions regulations or weaken environmental protection measures, Holran said. “Rather, the proposal simply adapts the national program to the text of the Clean Air Act to ensure that states take the lead when it comes to their programs.”
EPA Director Lee Zeldin, who has made U.S. leadership in artificial intelligence one of the agency’s top priorities, said in a statement that the plan aims to “eliminate unnecessary and burdensome red tape, unleash America’s energy potential, and foster cooperative federalism” with states. The EPA is expected to finally approve the regulations next year.
President Trump continues to defend data centers, even as politicians from both parties criticize them and many communities try to prevent their installation. Trump stated this week on social media that American communities without data centers “will end up being left behind and poor.”
Trump says data centers are essential in the race against China
Trump has acknowledged that data centers need “a little public relations help” and has urged technology companies to generate their own electricity to protect consumers from rising electricity bills. The Republican president believes that data centers are essential to winning the artificial intelligence race against China.
Environmental organizations and other critics say the EPA proposal ignores the fact that many states, especially in the South and Midwest, do not require public notices or hearings beyond those established by federal agencies. According to them, the federal plan would leave many communities in the dark before data centers are installed in their own communities.
“It is beyond cruel for Trump’s EPA to silence frontline communities that are hardest hit by air pollution,” said Brandon Jones-Cobb, senior attorney at the Center for Biological Diversity, another environmental organization.
“EPA has already turned its back on science, reduced enforcement against industrial polluters, and eliminated life-saving air pollution measures,” he said. “Now it wants to exclude citizens from decisions about building or expanding facilities that expose communities to dangerous air pollution, including data centers.”
Powell, whose organization focuses on six southern states, from Virginia to Alabama, said many states are “only complying with what federal law requires” when it comes to public notification of land-use planning projects and other environmental issues.
“We have minimum requirements at the federal level to ensure that we have environmental protection measures and a voice,” he said in an interview, in which he called the regulation of data centers a crucial issue in a region where these giants that consume large amounts of energy proliferate. Virginia and Georgia are among the states with the highest concentration of data centers, both in operation and in the project phase.
Concern about pollution and job losses
In addition to driving artificial intelligence and cloud computing, data centers are often sources of nitrogen oxide—which contributes to the formation of ozone—as well as carbon monoxide and other air pollutants. Local communities have also expressed concerns about excessive water consumption and noise generated by data centers. Many Americans are concerned that artificial intelligence could increase economic inequalities and lead to widespread job losses.
Data center advocates point out that local taxes paid by data centers can help fund public schools, reducing the financial burden on homeowners.
Jane Williams, executive director of California Communities Against Toxics, said that even if data centers are ultimately approved, “all communities should be able to actively participate in government decisions that can pollute our air.”
This story was translated from English to Spanish with an artificial intelligence tool and was reviewed by an editor before publication.