Proposed EPA rule would not require public input before construction of new pollution-causing facilities, most of which are in rural places

A newly proposed federal Environmental Protection Agency plan would eliminate the requirement that states seek public comment before issuing new air pollution permits for AI data centers and other industrial facilities, Matthew Daly reports for The Associated Press. 

If approved, this change would mean the public would have less say in construction of new data centers, which would impact rural areas more than most since the "nation’s largest data centers are being planned in marginalized and vulnerable rural communities," according to Sarah Alexander Melotte of The Daily Yonder. Pew Research found in April 2026 that 67% of planned data centers were in rural areas, with most of those being built in the South and Midwest.

"Critics say the move could thwart local residents from learning about proposed data centers or making their voices heard before projects are approved and construction begins," Daly reports. A former deputy director of EPA’s air quality office told him that "the plan could create 'an unlevel playing field where citizens in one state are kept completely in the dark about new data centers and heavy industrial emissions in their backyards, while neighboring states maintain oversight.'"

The plan could mean that the EPA could fast-track permits without requiring facilities to inform the public about where new facilities are being located. "'Data centers and other industrial sources should not be able to get their air pollution permits in secret,'" Keri Powell, a senior attorney for the Southern Environmental Law Center, told Daly. SELC represents almost 200 "environmental, health and community groups that filed comments with the EPA opposing the plan."