SEPTEMBER 3, 2026
EPA proposes to end federal mandate for public notice on air permits, affecting data center approvals
The Environmental Protection Agency has proposed eliminating a federal requirement that states notify the public and accept comments before issuing air pollution permits for data centers and other industrial facilities. Under the proposal, states could still offer public participation opportunities, but the EPA would no longer mandate them as a condition of the permitting process. EPA Administrator Lee Zeldin has stated that the plan is aimed at reducing regulatory burden and advancing what he described as "cooperative federalism" with states.
The EPA's proposal, announced in July, would remove a long-standing federal requirement that state air permitting programs include public notice and comment periods for "minor" pollution sources under the Clean Air Act — a category that includes gas and diesel generators serving data centers, as well as laundromats, car repair shops, and steel mills. EPA spokesperson Carolyn Holran said the plan "simply aligns the national program with the Clean Air Act language to ensure that states are in the lead regarding their programs" and does not weaken federal emission standards. Administrator Lee Zeldin framed it as cutting "unnecessary and burdensome red tape" to advance American energy and AI infrastructure. The EPA said the rule is expected to be finalized next year.
Critics, including former EPA deputy air quality director Mike Koerber, said the proposal would create an uneven landscape in which citizens in some states receive no notice about new industrial facilities near their homes while residents in neighboring states retain oversight rights. Koerber said it "continues efforts by the Trump administration to turn its back on the fundamental EPA principle of transparency." A coalition of nearly 200 environmental, health, and community groups filed comments opposing the plan, with the Southern Environmental Law Center's Keri Powell arguing that many Southern states "only do what is required by federal law" on public notice, making the federal floor essential.
The AP and Washington Examiner both reported that the July proposal is one of several EPA moves affecting data center permitting. The Examiner, in an op-ed by Wake Forest University law professor Scott Schang, described a series of related actions: a September 2025 EPA consideration of a nationwide Clean Water Act permit that would eliminate pre-construction notification requirements; a May 2026 proposal allowing site clearing to begin before air permits are obtained; and an announcement that certain air pollution programs may not apply to power plants supplying electricity exclusively to a single data center. The Examiner piece argued the cumulative effect is to systematically remove public participation from the data center approval process.