Donald Trump’s administration proposed EPA air pollution permit rule changes that would make datacenter pollution disclosure voluntary instead of required under minor source permits. The EPA has now closed the public comment period, putting the rule on the path toward a final decision that could alter what nearby communities learn before a project opens.
Joe Goffman and the Clean Air Act
Joe Goffman, a former assistant administrator for the EPA’s office of air and radiation, said the proposal is likely meant to curb criticism and public oversight of datacenters. He also said the Clean Air Act is supposed to offer “an ironclad promise” of public voice on these issues, adding, “You all may have thought this was an ironclad promise, but it no longer is.”
The rule would change how minor source permits work for datacenters that rely on diesel generators or gas turbines for power and backup generation. Under the proposal, disclosure would be voluntary at the discretion of state and some local officials instead of required through state agencies.
Minor source permits
The Clean Air Act requires minor air polluters to tell the public how much pollution a proposed project will release. The EPA delegates monitoring of minor pollution sources to state authorities, while the agency handles major polluters like gas plants. Minor pollution permits are meant to keep facilities within federal limits on six pollutants linked to asthma, heart disease and cancer.
Datacenter developers often split permit requests into separate pieces for each generator or turbine. That can keep projects in the minor-review track handled by states rather than forcing a larger EPA review, which is more costly, time consuming and harder to defend legally. The proposed rule would remove the disclosure step that gives communities advance notice of those emissions.
Environmental Protection Network comments
The Environmental Protection Network submitted comments on the proposed rule. Goffman said most states are unlikely to require big tech to disclose the information voluntarily, especially in places where many political establishments support datacenters. Without the data, he said, communities would not know what they are breathing once a datacenter is built, and they would have less ability to fight back in court or in public relations battles.
Last year, detailed how environmental law groups sued the state of Michigan and some polluters who appeared to be violating federal limits. If the EPA finalizes the rule, the disclosure change could face a legal challenge, setting up the next fight over whether datacenter permits remain public in practice or move behind closed doors.
