The Environmental Protection Agency has proposed eliminating a federal requirement that states notify the public and seek comment before issuing air pollution permits for data centers and other industrial facilities, a change critics say could silence communities concerned about the environmental impact of AI infrastructure.
Under the proposal, states would retain discretion over whether to offer opportunities for public comment on permits. The plan is part of the Trump administration's broader effort to streamline permitting processes for projects deemed beneficial to U.S. competitiveness in artificial intelligence, according to EPA Administrator Lee Zeldin. The agency expects to finalize the rule next year.
The change applies to facilities classified as "minor" pollution sources under the federal Clean Air Act. While data centers have drawn significant public attention, the proposal would also affect laundromats, car repair shops, landfills and steel mills.
What the Left Is Saying
Environmental advocates and former EPA officials say the proposal represents a fundamental shift away from transparency commitments that have guided the agency for decades.
"By eliminating the long-standing federal requirement for public notice, this proposal continues efforts by the Trump administration to turn its back on the fundamental EPA principle of transparency," said Mike Koerber, a former deputy director of EPA's air quality office. "It could create an unlevel playing field where citizens in one state are kept completely in the dark about new data centers and heavy industrial emissions in their backyards, while neighboring states maintain oversight."
Keri Powell, senior attorney for the Southern Environmental Law Center, leads a coalition of nearly 200 environmental, health and community groups that filed comments opposing the plan. "Data centers and other industrial sources should not be able to get their air pollution permits in secret," she said. "Communities deserve a chance to weigh in before potentially harmful projects are approved."
Powell noted that many states "only do what is required by federal law" when it comes to public notice, making the minimum federal standard essential for ensuring community participation.
Brandon Jones-Cobb, senior attorney at the Center for Biological Diversity, said the proposal compounds other EPA rollbacks. "It's beyond cruel for Trump's EPA to silence front-line communities who bear the brunt of unhealthy air," he said. "Now it wants to shut the public out of decisions to build or expand facilities that expose communities to dangerous air pollution."
What the Right Is Saying
EPA officials and supporters of the proposal frame it as a necessary step toward reducing regulatory burden and advancing U.S. leadership in artificial intelligence.
In a statement, EPA Administrator Lee Zeldin said the plan is aimed at "cutting unnecessary and burdensome red tape, unleashing American energy and advancing cooperative federalism" with states. He has made U.S. leadership in AI a top agency priority.
EPA spokesperson Carolyn Holran pushed back on criticism that the proposal would hide data center permits from the public. "In our proposal we are saying that states get to pick how they want their permitting process to go for minor sources," she said, adding that the plan also applies to laundromats, car repair shops and other small facilities.
Holran noted the proposal does not demand specific state changes or alter federal emission standards. "Rather, the proposal simply aligns the national program with the Clean Air Act language to ensure that states are in the lead regarding their programs."
President Donald Trump has been a vocal supporter of data centers, arguing they are critical to U.S. competitiveness against China. On social media this week, he said communities without data centers would "end up being backwards and poor." He has acknowledged data centers need "a little public relations help" and pushed tech companies to generate their own electricity.
What the Numbers Show
The EPA proposal arrives amid widespread expansion of AI infrastructure across the country. Virginia and Georgia rank among the states with the highest concentration of current and proposed data centers, according to industry tracking.
Public concern about AI's environmental impact is substantial. About 4 in 10 U.S. adults say they are "extremely" or "very" concerned about the environmental impacts of AI, according to a poll last year from The Associated Press-NORC Center for Public Affairs Research and the Energy Policy Institute at the University of Chicago.
The same poll found Americans are more likely to think that over the next decade, artificial intelligence will do more to hurt than help the environment, the economy and society as a whole.
Data centers emit nitrogen oxide, which contributes to ozone formation, along with carbon monoxide and other air pollutants. Communities have also raised concerns about water consumption and noise from these facilities.
The Bottom Line
The EPA proposal faces significant opposition from environmental groups and community advocates who argue it would create uneven protections across states. If finalized, the rule could be particularly consequential in regions like the South and Midwest, where many states rely heavily on federal minimum standards for public notification requirements.
Supporters say the change reflects appropriate deference to state authority and removes unnecessary delays that can slow beneficial infrastructure projects. They note states remain free to maintain their own public comment processes.
The timing is notable as data centers have become a flashpoint in local elections, with candidates from both parties facing constituent pushback over environmental concerns. The EPA is expected to finalize the rule next year, which would then take effect according to standard regulatory timelines.