The Ohio Environmental Protection Agency is looking to streamline the way wastewater discharge permits are issued to data centers as they continue popping up around the state.
The proposal currently is open for public comment.
Some environmental advocates say they’re concerned fast-tracking these permits for data centers will leave out reviews that ensure public health and safety. The Ohio EPA says the move is necessary to accommodate important social and economic development.
Ohio EPA issues draft general permit for data centers
Ohio has more than 200 data centers, according to Data Center Map. They are warehouses filled with computer equipment that generates a lot of heat. To cool down the computers, data centers use massive amounts of water.
If data centers want to get rid of that water after it’s been used, they have to apply for a permit called the National Pollutant Discharge Elimination System (NPDES) through the Ohio EPA. University of Cincinnati College of Law Professor Brad Mank says the permits regulate and limit the amount of pollution any manufacturer can discharge into waters like the Ohio River.
Currently, data centers must apply for an individual NPDES permit, which is detailed and unique to its operations.
That could soon change. The Ohio EPA has issued a draft general NPDES permit for wastewater and stormwater discharges from data centers, which covers facilities with similar operations and types of discharge.
In an emailed statement, the Ohio EPA said it aims “to provide a streamlined permit application and approval process for sites that are generally consistent in their potential discharges and environmental impact.”
Several other types of businesses are regulated through general permits, such as dry cleaners.
An expedited permitting process
Mank, the UC Law professor, says applying for a general permit is designed to be an expedited process.
“General permits make it a lot easier for industry to operate without many restrictions — they basically have uniform restrictions that apply to everybody,” Mank said. “So, they can basically send a postcard saying, ‘We're operating our business,’ and that's all they have to do.”
Under the general permit, eligible data centers would have to submit a notice of intent form before discharging pollutants like heavy metals and corrosion inhibitors into waterways. Several discharges associated with data centers would not be authorized by the general permit, like discharges located within 500 yards upstream of a public water supply surface water intake.
Mank says having a simplified permitting process could draw more data center developers to Ohio over other states.
“We'd be seen as one of the states that's making it easier for data centers to operate, because one of the big things they need to do is use lots of water,” Mank said. “So, if it's relatively easy to use the water without a lot of restrictions, that would mean, if I'm thinking about where I'm siting a data center, Ohio would be included on my list of states that are data center friendly.”
In an emailed statement, the Ohio EPA said, “The general permit includes the same or more monitoring and reporting requirements compared to an individual NPDES permit.”
Data center developers already are incentivized to build in Ohio by state and local tax breaks.
Environmental advocates raise concerns
Some environmental advocates are voicing concerns over the proposed change.
Save Ohio Parks, an organization advocating for the end of fracking on public land, says it is worried water quality would suffer.
The Ohio EPA wrote in its draft general permit, “It has been determined that a lowering of water quality of various waters of the state associated with granting coverage under this permit is necessary to accommodate important social and economic development in the state of Ohio.”
In a blog post published Dec. 14, Save Ohio Parks wrote, “General permits are intended for situations of minimal environmental impact. Yet this general permit says up front that it will result in lower water quality. That’s not acceptable!”
The organization also says it’s concerned that the general permit does not consider the variety of sizes, designs and locations of data centers, and that it does not mention forever chemicals, also known as PFAS, which data centers often use in their cooling systems.
The agency says the draft permit will be issued as a final action unless the director revises it after considering the record of a public hearing or written comments, or upon disapproval by the Administrator of the U.S. EPA.
How to weigh in
The draft wastewater general permit for data centers is currently open for comment. You can submit a written comment via the Ohio EPA’s online comment portal through Dec. 17.
The Ohio EPA also is holding a public hearing Dec. 17 at 2:30 p.m. both virtually and in-person in Columbus at the Lazarus Government Center, 6th Floor Conference Room A (Autumn Room), 50 West Town Street, Suite 700.
If you plan to participate virtually, you must register in advance online.
If you intend to give testimony in-person at the hearing should email mary.mccarron@epa.ohio.gov or call 614-644-2160.
Read more: