Haverford Township is still deciding whether to allow data centers in any zoning district. A proposed federal rule could weaken the public's ability to weigh in on such projects.
The Environmental Protection Agency proposed a rule July 1 that would drop the federal requirement for states to seek public comment before issuing air pollution permits for data centers and other facilities, the Associated Press reported Sept. 2. States could still hold comment periods on their own, but the EPA would no longer mandate them.
The proposal runs directly against Gov. Josh Shapiro's Executive Order 2026-05, signed Aug. 19, which requires local approval before any data center project in Pennsylvania can proceed. "… If the local community doesn't approve a project, the state won't approve it either," Shapiro said at the signing.
Shapiro's order also bars nondisclosure agreements between data center developers and public officials. Developers must sign community benefit agreements before the state Department of Environmental Protection will review their permit applications, NBC News reported.
Haverford's Planning and Zoning Commission flagged data centers during its Phase II zoning ordinance update in June, according to commission records. The draft ordinance defines the term "data center" but does not list them as a permitted use in any district. More than 100 data center projects have been proposed statewide, according to Mainline Media News.
The EPA rule is not limited to data centers. It also covers laundromats, car repair shops, landfills and steel mills classified as "minor" pollution sources under the Clean Air Act, EPA spokesperson Carolyn Holran told the AP. Holran said the proposal aligns the national program with Clean Air Act language so states can lead their own permitting processes.
Others disagree. Mike Koerber, a former deputy director of the EPA's air quality office, said the plan could leave residents in some states uninformed about new data centers and industrial emissions while neighboring states maintain oversight. A coalition of nearly 200 environmental, health and community groups, led by the Southern Environmental Law Center, filed comments opposing the proposal.
Data centers emit nitrogen oxide, which contributes to ozone formation, along with carbon monoxide and other pollutants. Communities across the country have also raised concerns about water use and noise. Nationally, about 500 communities have banned or imposed moratoriums on new data center construction, WHYY reported.
EPA Administrator Lee Zeldin said in a statement that the plan aims to advance "cooperative federalism" with states. The agency expects to finalize the rule in 2027. Haverford's zoning ordinance update remains in progress, and residents can submit comments through the township's planning commission.
