Trump’s EPA wants to let data centers hide their air pollution

The Trump administration is moving to eliminate a long-standing federal requirement that certain industrial facilities, including data centers, provide public notice and a comment period before receiving air pollution permits. The EPA’s proposal targets the New Source Review process, which has been in place since the 1970s and applies to sources ranging from landfills and paper mills to power plant expansions. Under the new plan, the federal public participation requirement would be dropped and left to state and local air agencies to decide whether to notify residents. Advocates warn this would let data center developers and other industries begin construction without nearby communities having any warning or opportunity to weigh in.

The change would apply to so-called minor sources of pollution, which the EPA describes as having relatively low emissions and limited environmental impact. Southern Environmental Law Center senior attorney Keri Powell said the move would allow facilities to obtain permits without engaging with the public, with residents learning about projects only when construction begins. Powell’s group argues the minor source label is misleading, noting that the permitting process often covers projects with significant consequences for neighbors. The EPA has framed the proposal as cutting unnecessary red tape, with administrator Lee Zeldin saying decisions should be made by state and local authorities closest to the issues rather than Washington.

The proposal comes amid rising opposition to new data centers fueled by generative AI, as well as to power plants built to serve them. Colossus 1, xAI’s data center in Tennessee that the company called the most powerful AI training system yet, applied for a minor source permit in 2025. That application led to a public hearing and thousands of comments submitted to the local health department, according to Inside Climate News. The Southern Environmental Law Center and the NAACP threatened to sue xAI that same year for installing unpermitted gas turbines at the site.

Nearly 200 health and environmental groups filed comments last Friday asking the EPA to withdraw the New Source Review proposal. They argue that public comment provides agencies with valuable insight into how a new data center or other facility could affect local communities. Kentucky Resources Council Senior Attorney Byron Gary said the proposal could strip decision-makers of the lived experience data that residents provide, making it impossible to evaluate the full cumulative impact of these projects. The public comment period ended last week, and EPA spokesperson Carolyn Holran said the agency is reviewing more than 4,900 submitted comments before it can finalize the rule.

Because air pollution can travel across state lines, federal regulation has traditionally ensured that residents in one state are protected from sources in another. The EPA’s proposal would shift that responsibility to state and local agencies, which advocates fear may skip public notification altogether. The rule change is part of a broader push by the administration to accelerate data center construction across the US. The outcome of the EPA’s review will determine whether those projects can move forward without public scrutiny.

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