Environmental advocates allege data center firms split emissions sources into “minor” permits to avoid major US air reviews. They cite Amazon and Duke Energy in North Carolina and New Mexico’s Project Jupiter, whose developer withdrew its application in April.
Under the Clean Air Act, major pollution sources typically face a more stringent review that compares added emissions with existing local pollution and may require controls, such as scrubbers, if air limits would be exceeded. Project Jupiter’s developers proposed two natural-gas microgrids, each projected to emit 20.2–24.2 tons of hazardous pollutants annually—up to 44 tons combined, above the 25-ton federal limit for a minor permit. Attorneys representing residents said the split treated one gas power plant as two sources. Attorney Maslyn Locke said new plans are held up by the state supreme court over procedural problems.
Amazon and Duke Energy are installing 649 diesel generators for a North Carolina data center. Plans call for nearly 250 tons a year of nitrogen oxides, carbon monoxide and volatile organic compounds; Amazon proposes about 98 tons of particulate matter and 6.4 tons of hazardous pollutants annually. Regulators said Duke’s generators were providing temporary power for about a year, separately from Amazon’s generators. Southern Environmental Law Center attorney Kathleen Sullivan said documents suggest Amazon controls all generators; she said the companies had not provided regulators lease agreements or contracts. Amazon said separate permits reflect the projects’ actual ownership and operations.
