McClellan, Whitehouse Investigate EPA’s Decision to Exempt Data Center Power Plants from Acid Rain Protections

About Committees and Caucuses Our District Votes and Legislation Contact Email Me Newsletter Subscribe Office Locations Request an Appearance Website Problem Share Your Story Media 2025 in Review 118th Congress in Review In the News Media Kit Newsletters Press Releases Issues Agriculture Armed Services Civil Rights Communications And Technology Congress Economy Education Energy/Environment Health Immigration National Security Repro VA-04 Veterans What Issues Matter To You? Services Art Competition Black History Month Essay Contest Casework Tips! Commendations and Greetings Congressional App Challenge Flags Grant Applicants Help With a Federal Agency Internships Service Academy Nominations Tours and Tickets Youth Advisory Council Veteran of the Year Resources Appropriations Requests Government Shutdown Resources & FAQs Know Your Breastfeeding Rights Know Your Federal Employee Rights Know your Immigration Rights Know Your Reproductive Rights Follow Follow Follow Follow Follow Follow McClellan, Whitehouse Investigate EPA’s Decision to Exempt Data Center Power Plants from Acid Rain Protections October 15, 2026 | Congress , Energy/Environment , Health , Press Releases Washington, D.C. – Congresswoman Jennifer McClellan (VA-04) and U.S. Senator Sheldon Whitehouse (D-RI), Ranking Member of the Senate Committee on Environment and Public Works (EPW), last month launched a bicameral investigation into the Environmental Protection Agency’s (EPA) guidance exempting data center power plants from the Acid Rain Program (ARP). By EPA’s own admission , the decision to issue new guidance came at the behest of data center companies. And according to the EPA press release issuing the new guidance, the agency took this action to “further President Trump’s agenda promoting data centers.” “EPA’s new ARP guidance is a handout to the richest and most powerful companies in the world. And this handout comes at the expense of Americans’ health and the safety of our ecosystems and communities that were, prior to the inception of the ARP, regularly drenched in dangerous acidic rainfall,” the lawmakers wrote in their letter to EPA Administrator Lee Zeldin . The ARP regulates the emission of sulfur dioxide (SO2) and nitrogen oxides (NOx) from power plants. SO2 and NOx are both harmful to human health, damaging the respiratory system and worsening heart disease. They are also linked to adverse pregnancy and birth outcomes, kidney damage, autoimmune disorders, and cancer. The pollutants are also the primary causes of acid rain. Prior to the ARP, acid rain poisoned rivers, lakes, and streams; damaged forests; killed and sickened aquatic animals; and corroded buildings, monuments, and statues. “EPA explicitly bills its new guidance as a means to facilitate data center development. In so doing, EPA misapprehends its own mission, which is to ‘protect human health and the environment,’ as stated in black and white on the agency’s own website,” continued the lawmakers . “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. 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,” added the lawmakers . The lawmakers, together with Senators Ed Markey (D-MA) and Chris Van Hollen (D-MD), requested answers from EPA by October 7 th about the agency’s decision-making process while crafting this new guidance, as well as any information regarding the agency’s communications with data center companies. Senators Mark Kelly (D-AZ), Cory Booker (D-NJ), and 24 Members of the House of Representatives also signed the letter. EPA has not yet responded to the lawmakers’ letter. The letter to EPA Administrator Zeldin is available here . Office Locations Washington D.C. Office 1628 Longworth House Office Building Washington, DC 20515 Phone: (202) 225-6365 Richmond District Office 11 S. 12th Street Suite 401 Richmond, VA 23219 Phone: (804) 486-1840 Brunswick Satellite Office 100 Athletic Field Road Lawrenceville, VA 23868 Phone: (804) 690-5809 10am – 4:30pm — every Thursday, or by appointment Mailing Address: P.O. Box 211 Lawrenceville, VA 23868 Newsletter Signup Sign up for email updates Subscribe Privacy Policy | Accessibility | Terms of Use | House.gov Follow Follow Follow Follow Follow Follow