Push for Reform Leaving Decisions to State Discretion… Environmental Groups Warn It "Paves the Way for Backroom Permitting"
Trump: "Essential for Securing AI Dominance" vs. Residents: "Leaves Air Pollution and Noise Damage Unchecked"
A fierce controversy is brewing as the Environmental Protection Agency (EPA) pushes for a revision that eliminates the federal requirement for "public notice and comment" previously mandated before establishing major industrial facilities such as Artificial Intelligence (AI) data centers.
Amid intensifying environmental conflicts across the United States driven by Big Tech's infrastructure expansion, criticism is mounting that this measure will infringe upon local residents' right to know and push the permitting process behind closed doors.
The core of the proposed revision is easing state governments' public notice obligations for facilities that emit air pollutants. Previously, federal standards required mandatory public review and feedback before permits were issued; however, under the new rule, each state government will decide at its own discretion whether to implement such procedures.
Environmental groups and civil society are pushing back strongly. Keri Powell, a senior attorney at the Southern Environmental Law Center (SELC), criticized the move, stating, "Communities have a legal right to have a voice before facilities raising environmental pollution concerns are built near their homes. This proposal opens the door for air pollution permitting to proceed without the public's knowledge."
Conversely, the EPA dismissed criticisms of excessive deregulation. Caroline Hollen, an EPA spokesperson, explained, "This proposed rule is part of 'cooperative federalism,' returning the authority to manage permitting procedures for minor pollution sources back to the states. It does not lower environmental standards or ease emission limits."
Experts point out that if federal baseline standards disappear, disparities could emerge between regions depending on the strength of each state's environmental regulations.
In particular, in Southern and Midwestern states where environmental regulations are relatively lax, the risk has grown that large data centers could be built without the knowledge of local residents. Virginia and Georgia, where data center construction is currently heavily concentrated, are prime examples.
Beyond massive electricity consumption, data centers emit harmful air pollutants such as nitrogen oxides (NOx) and carbon monoxide during the operation of emergency backup generators. Compounded by enormous cooling water usage and round-the-clock low-frequency noise, numerous quality-of-life concerns have led to persistent friction with local communities.
This proposed revision aligns with Donald Trump's "AI infrastructure first" policy. Trump recently promised extensive support via social media, stating that "communities that reject data centers will ultimately be left behind." The underlying rationale is that securing power and expanding data centers are urgent priorities to win the technological supremacy race against China.
However, as voter concerns over environmental pollution grow, data center permitting is becoming a political liability. With the EPA aiming to finalize the regulatory revision sometime next year, pushback from local politicians across both parties and civic groups is expected to intensify.