As artificial intelligence leader Nvidia announced its acquisition of AI company Hugging Face for nearly $13 billion, people across the U.S. are fighting against data centers needed to fuel AI tech. At the same time, a proposal from the Environmental Protection Agency could make it easier for these centers to go up without any public import.
In July, the EPA proposed a rule “to streamline the New Source Review (NSR) permitting process for minor sources by eliminating the minimum federal regulatory requirements for public participation.” It explained that, “under the proposal, decisions about public participation requirements for State and local minor NSR programs would be turned over to the respective State and local air agencies, aligning EPA’s regulations with the best reading of the Clean Air Act (CAA).”
Furthermore, the EPA said “this approach is intended to reduce administrative burden and responsibly speed up permitting, supporting American economic development and energy dominance,” and that “if finalized, it would put State and local agencies most familiar with local issues in the driver’s seat,” when it comes to public participation.
Polling results released in May by Gallup found that 70% of Americans oppose constructing data centers for artificial intelligence in their local area. Audacy has previously reported on the growing energy demand on data centers and experts cited by Yale said concerns about the impact of these centers are real, though more research is needed.
Karen Seto, the Frederick C. Hixon Professor of Geography and Urbanization Science and Director of the Hixon Center for Urban Sustainability, said that recent research indicates “that a large data center can emit waste heat comparable to that produced by tens or even hundreds of thousands of households.”
Just this week, a federal panel halted construction on a massive data center near Boulder City, Nev., granting environmental groups and local residents a stay, according to a press release from the Sierra Club. Those groups and residents argue that the data center could harm the health and lives of locals.
“This decision is a victory for democracy, public participation and the principle that our public lands should serve the public,” said Olivia Tanager, director of the Sierra Club Toiyabe Chapter. “The people of Boulder City have made clear that they do not want a data center on public lands, and this ruling gives their voices the weight they deserve. Data centers do not belong on public lands, and we will continue to fight unfettered dirty data center development.”
According to a Thursday report from the Associated Press, the EPA’s proposal could make it harder for communities to learn about such proposals and respond to them.
“States could still offer opportunities for public comment, but the EPA would no longer mandate them as a condition for states to grant permits,” it said.
Also, the AP noted that critics of the move are concerned that President Donald Trump’s administration is preventing citizens from weighing in on the unpopular projects.
“By eliminating the long-standing federal requirement for public notice, this proposal continues efforts by the Trump administration to turn its back on the fundamental EPA principle of transparency,” said Mike Koerber, a former deputy director of EPA’s air quality office, per the AP. He said the rule would leave citizens in the dark if made final.
An EPA spokesperson called that a false narrative, the AP said.
“In our proposal we are saying that states get to pick how they want their permitting process to go for minor sources” of air pollution, said spokesperson Carolyn Holran. She also said that the EPA rule doesn’t specifically call out data centers.
Still, the AP noted that Trump’s administration and EPA Administrator Lee Zeldin have made it clear that they want to make U.S. leadership in AI a priority. Zeldin said that the EPA rule is intended to cut “unnecessary and burdensome red tape, unleashing American energy and advancing cooperative federalism” with states.
Per the AP, the EPA is expected to make the rule final next year.
In the meantime, state politicians like Gov. Kathy Hochul in New York, Gov. Josh Shapiro in Pennsylvania and Rep. Jim Costa (D-Calif.) have made moves against data centers in their states.
