EPA's Proposed Rule Change Could Allow Data Centers to Hide Air Pollution

The US Environmental Protection Agency (EPA) is considering a rule change that could allow data centers to hide their air pollution from the public, making it harder for nearby residents to weigh in on the issue. The proposed change would eliminate the federal public participation requirement for certain polluters, including data centers, and leave it up to state and local air agencies to decide whether or not to notify the public about new sources of pollution.

How the Proposed Rule Change Works

The EPA's proposed changes apply to a permitting process called New Source Review, which has been in place since the 1970s. This process applies to a wide range of facilities, including data centers, power plants, and landfills. The proposed rule change would allow data centers and other facilities to bypass the public participation requirement and issue permits in secret, without giving nearby residents a say or even a warning that construction is planned.

Advocates warn that the move would allow data center developers and other industries to break ground without giving nearby residents a say, or even a warning that construction is planned. The change would leave it up to state and local air agencies to decide whether or not to notify the public about certain new sources of pollution, which could lead to a lack of transparency and accountability.

The Impact on Nearby Residents

The proposed rule change could have significant consequences for nearby residents, who may not be aware of the pollution that data centers and other facilities are creating. As Keri Powell, senior attorney and air program leader at the Southern Environmental Law Center (SELC), notes, "You can see why that would be so interesting to an administration that wants to rush through the construction of data centers."

Powell's group contends that the "minor" label is a misnomer and that the permitting process routinely covers projects that can have significant consequences for their neighbors. The proposed rule change would allow data centers and other facilities to bypass the public participation requirement and issue permits in secret, without giving nearby residents a say or even a warning that construction is planned.

What's at Stake

The proposed rule change is part of a larger trend of rolling back environmental regulations and reducing public participation in the permitting process. The EPA's announcement that it would eliminate the federal public participation requirement for a large set of polluters and place that burden on states has left advocates concerned that many of these agencies would forgo the process altogether.

The change applies to so-called "minor" sources of pollution, which the EPA says in its announcement "have relatively low emissions and limited environmental impact." However, advocates warn that the "minor" label is a misnomer and that the permitting process routinely covers projects that can have significant consequences for their neighbors.