EPA proposes ending public-comment mandate for data center air permits

Critics warn change could leave residents in dark before projects break ground

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.

The change would apply to permits covering data centers alongside other major industrial facilities. Under the proposal, states could still offer opportunities for public comment, but the EPA would no longer mandate them as a condition for states to grant the permits, according to the Associated Press.

Critics say the move could thwart local residents from learning about proposed data centers or making their voices heard before projects are approved and construction begins. The shift would leave it to each state to decide whether to require public notice and comment for individual air permits.

The proposal arrives amid a widespread backlash as technology companies build hundreds of massive server warehouses to fuel artificial intelligence and cloud computing, the AP reported. Data center construction has sparked opposition in communities across the United States and has reshaped the political landscape heading into midterm elections.

Under the existing federal framework, states must provide notice and an opportunity to comment before granting air pollution permits covered by the requirement. The mandate is one of the formal mechanisms through which residents and community groups learn about proposed industrial facilities and weigh in before projects receive approval.

By eliminating the requirement, the EPA would leave the question of public participation in air permitting to each state. States with their own public-participation rules could continue them; states without such procedures would no longer face a federal obligation to require notice and comment for major permits.

The proposal does not prohibit states from imposing additional public-input requirements of their own on data center projects or other industrial facilities. The federal action would withdraw the mandate, not the underlying authority of states to engage the public as they see fit.