US agency says power for data centers can sidestep pollution laws

Power sources providing electricity only to data ​centers and not the ​public grid may not be subject to federal ​pollution laws, the U.S. Environmental Protection Agency said on Monday.

The EPA said if the power plants are not supplying electricity to the grid then ‌they would ⁠not ⁠be subject to the federal Clean Air Act's Acid Rain Program, which ​has been key to the dramatic reduction of smog and soot pollution from industrial ​facilities.

"The EPA believes that, considering the plain text of these definitions, the Acid Rain Program does not apply to power generation facilities that are not connected ⁠in any ‌way to the larger electricity grid," EPA Assistant Administrator Aaron Szabo wrote in a July 16 letter.


The agency ⁠said its interpretation of federal pollution laws would speed the development of artificial intelligence infrastructure while reducing strain on regional electric grids.

The EPA said its guidance clarifies that the Acid Rain Program does not apply to so-called "islanded" power generation facilities that operate separately from the broader grid. The agency said the interpretation would give developers greater flexibility ‌in where and how quickly they can build new data centers, which are driving a surge ​in electricity ​demand across the United ⁠States.

The agency said its action supports President Donald Trump's Ratepayer Protection Pledge, which was expanded last week and requires participating companies to build, procure or pay for all energy needed to power their facilities and associated infrastructure.

Under the non-binding pledge, developers, utilities and state regulators are expected to bear the costs associated with new projects rather than passing them on to residential customers.