A group of Democratic lawmakers is demanding answers from the U.S. Environmental Protection Agency about its recent guidance exempting data center power generation facilities from certain Clean Air Act rules.
The EPA “misapprehends its own mission” to protect human health and the environment, the group wrote in a letter to EPA Administrator Lee Zeldin, by its decision to exclude data center power generation facilities that are unconnected to the public electricity grid from the Acid Rain Program – no matter how large or pollutive those facilities are.
“EPA is specifically exempting new, highly-polluting sources owned by companies with near unlimited capital from any obligation to adopt the basic, long-established control standards that apply to existing facilities,” the lawmakers, led by U.S. Sen. Sheldon WhiteHouse, D-R.I., and Rep. Jennifer McClellan, D-Va., wrote.
The Acid Rain Program limits power plant emissions of sulfur dioxide and nitrogen oxides, the primary causes of acid rain. Among other conditions, sulfur dioxide (SO2) and nitrogen oxides (NOx) are associated with respiratory system damage, adverse pregnancy and birth outcomes, kidney damage, autoimmune disorders, and cancer.
“Bizarrely, under EPA’s new guidance, massive new gas-fired power plants large enough to power cities would be exempt from NOx and SO2 caps under the ARP only as long as they do not serve the public electricity grid and instead exclusively power a privately-owned data center,” the lawmakers commented.
“This is a perverse outcome, and it is contrary to Congress’s design for the Clean Air Act, which creates specific and comprehensive regulatory requirements for significant pollution sources like these.”
Though the group originally sent the letter in September, the EPA still hasn’t responded to its questions about who and what influenced the agency’s guidance, Merkley said Thursday.
Pollution and other concerns surrounding data centers have dominated midterm election campaigns, with many Democrats using those concerns as a political cudgel against Republicans.
Communities with data centers often shoulder higher energy costs due to electricity demand soaring, grid upgrade costs getting passed on to ratepayers, and American taxpayers often funding the discounted rates enjoyed by data centers, according to studies by Harvard Law School and other organizations.
Despite that, the second Trump administration has focused on stimulating AI development and also pushed for national cohesion on regulations. Weeks after being sworn in, President Donald Trump reversed former President Joe Biden’s executive order that took a more cautious approach to AI development.
Trump also signed an executive order last July to expedite data center infrastructure development by allowing projects to be built on publicly owned lands and making taxpayer-funded loans and grants available to financially support “qualifying projects.”
Additionally, he signed an executive order in December withholding broadband funding from states with AI regulations deemed to “harm innovation.” With Trump’s approval, congressional Republicans’ “One Big, Beautiful Bill” also funneled billions of dollars to AI-related initiatives.
Trump has said the U.S. needs to beat China in the AI race.
