Data centers, especially those powered by natural gas, emit significant pollutants, including nitrogen oxides, methane and fine particulate matter, which can increase rates of respiratory diseases and cardiovascular conditions, according to the Environmental Health Project. (Adobe Stock)
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May 21, 2026
By Kathryn Carley
A new Maine Data Center Advisory Council aims to protect ratepayers and minimize the impacts of data-center development, but a proposal from the Environmental Protection Agency could allow projects to begin before local residents can intervene.
Federal regulators want to remove the requirement for Clean Air Act permits before construction begins on non-emitting components, such as cement pads or other support structures.
John Walke, a senior attorney with the Natural Resources Defense Council, said regulators and judges would be less likely to halt construction once millions of dollars have already been spent.
“EPA specifically said it was undertaking this deregulatory action under the Clean Air Act to speed the accelerated construction and operation of data centers across the country,” Walke said.
EPA officials argue Clean Air Act permits have constrained economic development by slowing down construction projects the agency considers to have no impact on human health or the environment. A public comment period runs through the end of June.
The rule change would apply to every major source of industrial pollution in the United States, including hazardous waste incinerators, chemical manufacturing plants and oil refineries.
The Trump administration sought similar regulatory changes in its first term but was met with significant public pushback. Walke said EPA’s attempt to remove regulations again is part of the administration’s sweeping rollback of environmental protections nationwide.
“They have the power of deregulation at EPA and a mindset that technology companies and billionaires matter more than ordinary Americans,” Walke said.
A growing wave of municipalities are rejecting data centers, largely due to their high energy and water consumption as well as concerns over the release of toxic pollutants and climate-altering emissions.
Maine Gov. Janet Mills recently vetoed a bill that would have halted data-center construction in the state for at least 18 months.
Walke said EPA will aim to finalize new rules regarding the Clean Air Act by the end of the year, although legal challenges are expected.
