EPA proposal would end public notice for datacenter emissions, sparking watchdog concerns

The Trump administration’s Environmental Protection Agency has drafted a rule that would eliminate the requirement for datacenter developers to publicly disclose emissions under the Clean Air Act, shifting the decision to state and local authorities. Under current law, “minor” polluters must report projected releases of nitrogen oxides, carbon monoxide, heavy metals and other pollutants, but the proposed change would make such disclosure discretionary.

Environmental advocates, including former EPA assistant administrator Joe Goffman, contend that the loss of transparency will prevent communities from assessing air quality impacts and defending themselves in court. The rule could also encourage states to waive notice in competition for datacenter projects, effectively acting as a regulatory subsidy. Legal challenges may arise after the public comment period closed, while the EPA claims the revision will cut administrative burdens and promote economic development. Critics like Jessica O’Donnell and former EPA deputy director Mike Koerber view the proposal as a retreat from the agency’s core transparency principle.