The recent developments surrounding a data center near Memphis have raised significant concerns regarding environmental regulations. A lawsuit has been initiated against a prominent tech company for allegedly operating a substantial number of natural gas turbines without the necessary permits, which could have serious implications for air quality in the region.
Unpermitted Operations at the Data Center
According to the Southern Environmental Law Center (SELC), the data center has installed and operated at least 35 combustion turbines and other pollution sources without securing the required preconstruction or operating air permits. This situation has prompted legal action, as the SELC has formally notified the company of its intent to sue for violations of the Clean Air Act, a critical piece of legislation designed to protect air quality.
Potential Environmental Impact
The gas turbines in question are capable of emitting over 2,000 tons of nitrogen oxides (NOx) annually, a group of pollutants known to contribute to smog formation. This is particularly alarming given that Memphis has already been identified as having some of the worst air quality in the country. In fact, the Asthma and Allergy Foundation of America recently labeled Memphis as an asthma capital due to alarming rates of asthma-related emergencies and fatalities.
Regulatory Oversight and Compliance Issues
SELC has accused the company of failing to obtain the necessary permits from both federal and local authorities before the installation of these turbines. Furthermore, it has been alleged that the company did not implement adequate air pollution controls during their operation. At one point, the facility had enough turbines to generate an impressive 421 megawatts of electricity, raising further concerns about its environmental footprint.
Local Health Department’s Stance
Last summer, the Shelby County Health Department, which is responsible for monitoring local air quality compliance, stated that the turbines were exempt from permitting requirements. However, the department has not publicly clarified the legal basis for this exemption, leaving many questions unanswered regarding the operations at the data center.
Investigative Efforts and Findings
In an effort to uncover the truth about the operations at the data center, SELC commissioned an aerial photographer to capture images of the facility. The findings revealed that the company had indeed installed 35 turbines around the data center’s perimeter. Subsequent thermal imaging indicated that a significant number of these turbines were operational, raising further alarm about their environmental impact.
Recent Developments and Future Plans
Following the investigation, local economic development officials announced that some turbines would be removed from the site. However, a recent aerial survey indicated that a substantial number of turbines remained operational, including new installations. The total generating capacity was reported to be around 407 megawatts, just shy of the previous amount, indicating that the situation is still ongoing.
Regulatory Requirements for New Pollutants
SELC emphasized that, with very few exceptions, any new sources of air pollutants in Tennessee are required to obtain preconstruction approval in the form of an air permit, as well as an operating permit. This legal framework is essential for ensuring that air quality standards are met and maintained.
As this legal battle unfolds, it highlights the critical importance of regulatory compliance in the tech industry, particularly as it relates to environmental sustainability and public health. The outcome of this lawsuit could set a significant precedent for how similar cases are handled in the future.