Key facts
- The Trump administration's EPA has proposed a rule to exempt datacenters from disclosing air pollution.
- Datacenters are often sources of nitrogen oxide, carbon monoxide, and heavy metals.
The Trump administration's EPA has proposed a rule that would exempt datacenters from publicly disclosing air pollution, a move public health advocates warn would reduce transparency and oversight. The proposal aims to streamline permitting and support economic development.
This proposed rule change significantly impacts environmental transparency and public health by potentially shielding datacenter pollution from public scrutiny, which could hinder community efforts to monitor air quality and advocate for stricter emissions controls.
The Trump administration's Environmental Protection Agency (EPA) has proposed a new rule that would exempt datacenters from publicly disclosing their air pollution emissions. Public health advocates warn that this change would dismantle protections under the Clean Air Act, allowing emission permits to be issued without public notification and behind closed doors.
Datacenters are known to emit pollutants such as nitrogen oxide, which contributes to ozone formation, as well as carbon monoxide and heavy metals. Currently, the Clean Air Act requires "minor" air polluters to disclose their proposed emissions to the public through state agencies. However, the proposed EPA rule would make this disclosure voluntary, subject to the discretion of state and local officials, who are often supportive of datacenter development.
Joe Goffman, a former EPA assistant administrator, stated that the rule is likely intended to reduce public criticism and oversight of datacenters. He argued that without this data, communities would be unaware of the air quality impacts and would have diminished ability to challenge polluters. Goffman, who co-authored comments against the rule, emphasized that the Clean Air Act is meant to provide the public with a voice on such issues.
The proposal comes amid a significant increase in datacenter construction, essential for the artificial intelligence boom. Many developers seek "minor" pollution source permits for backup generators or turbines, often by fragmenting requests for individual units to undergo state-level reviews rather than more rigorous EPA oversight. Advocates argue this practice is already legally questionable, and the new rule would further reduce transparency.
Jessica O’Donnell of the Environmental Law and Policy Center noted that datacenters in the Midwest often operate under "minor source" permits, and the public deserves a say in setting emissions limits. The EPA, in its justification for the change, cited a desire to reduce administrative burden, speed up permitting, and support economic development by empowering state agencies. However, critics like Mike Koerber, a former EPA official, believe the proposal signifies a move away from the EPA's principle of transparency.