Data Center Fined for Illegal Generators

Following an investigation by The Guardian and Floodlight News showing thermal drone footage, DataOne was found to have 45 of its 62 gas generators operating. None of the generators had permits required for generators that operate at 37-kilowatt capacity or higher. DataOne’s generators were running at 1,982-kw capacities - more than 50 times higher than the state limit.

As a result, New Jersey ordered the operator to pay a $1.1 million fine for secretly installing and operating gas generators in violation of the state’s Air Pollution Control Act.

This is just one example of how data centers, like many other industries, will defy the laws and regulations set upon them by various government agencies. It shows how data centers simply can’t be trusted with the information they provide to local residents.

States track gas generators like those DataOne uses because they emit “carbon dioxide, nitrogen oxides, carbon monoxide, and other combustion-related pollutants,” according to New Jersey’s Department of Environmental Protection (DEP). Those pollutants can worsen asthma, trigger heart attacks, and cause early deaths.

While the fine is historic, the penalty doesn’t immediately relieve residents’ concerns. DataOne was given 45 days to apply for the permits or cease operations. Ironically, they can continue operating the gas engines while seeking permits. In essence – permission to break the law. Some environmental groups say, “we believe it is insufficient, both in dollar amount and enforcement. The DataOne site should be made to discontinue operations during the 45-day period until the proper permits are issued.”

DataOne disagrees with the fine. Eventually, they claim the gas generators will be phased out as the data center “transition[s] to low-emission, quiet fuel cells,” their spokesperson noted. Previously, DataOne had told Floodlight that it “remains committed to meeting all applicable environmental and permitting requirements.” Apparently, not so… the trust has been broken.

The residents know the data center is powering Microsoft’s AI tools like Copilot. They worry DataOne will do whatever it takes to keep that deal in place. They’re wondering why DataOne would quietly start operating potentially polluting generators in an area near farmland, homes, and two schools. They also want to know why state and local officials took six months to enforce the state’s pollution controls.

Steve Brown, a longtime local resident, said “it’s a ‘don’t ask for permission, just ask for forgiveness later’ kind of deal” that wouldn’t deter similar threats. “It’s still kind of a drop in the bucket for a company that has several billion dollars of capital,” Brown said.

The generators were first discovered by a farmer taking drone footage who innocuously flew them over a public golf course. Although the state previously was welcoming to such expansive data center projects, public backlash pushed the state to recently pass a law ending data center tax credits.

Data One’s project appears continually shrouded in secrecy over size, costs, and more. Most immediately frustrating for residents is the illegal levels of noise pollution from the data center, which prompted a federal lawsuit from residents.

Whether one supports or opposes data centers, the battle continues.

Source used: arstechnica.com

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