Key facts
- The EPA is considering a rule change that could limit public input on new polluting facilities.
- The proposed rule would shift decision-making power on public participation to states.
- This change could affect communities near data centers, gas plants, and diesel generators.
- Environmental advocates argue this rollback could silence dissent and reduce community oversight.
- The EPA claims the rule would not change emissions standards but would empower state and local agencies.
The Trump administration's Environmental Protection Agency (EPA) is considering a rule change that could significantly reduce public input on the construction of new polluting facilities, including those powering data centers. The proposed rule would grant states the authority to determine the extent and nature of public participation in the permitting process for certain new sources of air pollution.
This potential rollback comes at a time when data centers are facing increasing opposition from communities across the United States, with local residents often using the existing permitting process to challenge or slow down development. Environmental advocates argue that the proposed changes could make it more difficult for ordinary people to be notified about or have a say in new industrial facilities being built in their neighborhoods.
Under the Clean Air Act, facilities releasing air pollution require permits. While major sources undergo rigorous federal and state review with mandatory public involvement, minor sources have less oversight. The definition of minor sources is broad and can include diesel and gas engines, which are increasingly used by data center operators like xAI and Meta for behind-the-meter power generation. Although the Clean Air Act mandates public participation, the specifics vary by state, and compliance is inconsistent.
An EPA spokesperson indicated that the proposed rule would place state and local agencies in charge of determining public participation opportunities for new minor sources, without altering emissions standards. This could lead to vastly different levels of public engagement across the country. For instance, states like Georgia and Kentucky currently have more robust public notification processes, which could be diminished under the new rule. Conversely, states like Texas, which already have lower levels of engagement, might see even less public oversight.
Environmental legal groups, such as the Southern Environmental Law Center, expressed concern that such a change could shut out community participation and review. The timing of the proposed rule revision is seen by some as a strategic move by the Trump administration to facilitate the rapid expansion of AI data centers, aligning with its broader goal to make the U.S. the "AI capital of the world."